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LONDON BOROUGH OF ENFIELD PLANNING COMMITTEE Date : 29 th November 2011 Report of Assistant Director, Planning & Environmental Protection Contact Officer: Aled Richards Tel: 020 8379 3857 Andy Higham Tel: 020 8379 3848 Ward: Edmonton Green Application Number : TP/11/0627 Category: Change of Use LOCATION: Nos. 293 to 303 Fore Street, London, N9 0PD PROPOSAL: Change of use from car sales and service workshops to a banqueting suite with single storey rear extension, first floor extension to provide ancillary offices and enclosure to first floor car park and access ramp with new pedestrian access and external staircase at front, 2 retail units and café with community hall at rear, alterations to rear fenestration and reconfiguration of car park layout. (PART RETROSPECTIVE) Applicant Name & Address: Gursel Aksu 293-303 Fore Street, Edmonton, London, N9 0PD Agent Name & Address: Mr Timothy Edens, 29 Canford Close, Enfield, Middlesex, UK, EN2 8QN RECOMMENDATION: That Planning Permission be APPROVED subject to conditions with s106 agreement.

LONDON BOROUGH OF ENFIELD Borough of Enfield LA086363,2003. 1. ... new entrance to first floor level at rear and ... 5.1 Core Strategy

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Page 1: LONDON BOROUGH OF ENFIELD Borough of Enfield LA086363,2003. 1. ... new entrance to first floor level at rear and ... 5.1 Core Strategy

LONDON BOROUGH OF ENFIELD

PLANNING COMMITTEE

Date : 29th November 2011

Report of Assistant Director, Planning & Environmental Protection

Contact Officer: Aled Richards Tel: 020 8379 3857 Andy Higham Tel: 020 8379 3848

Ward: Edmonton Green

Application Number : TP/11/0627

Category: Change of Use

LOCATION: Nos. 293 to 303 Fore Street, London, N9 0PD PROPOSAL: Change of use from car sales and service workshops to a banqueting suite with single storey rear extension, first floor extension to provide ancillary offices and enclosure to first floor car park and access ramp with new pedestrian access and external staircase at front, 2 retail units and café with community hall at rear, alterations to rear fenestration and reconfiguration of car park layout. (PART RETROSPECTIVE) Applicant Name & Address: Gursel Aksu 293-303 Fore Street, Edmonton, London, N9 0PD

Agent Name & Address: Mr Timothy Edens, 29 Canford Close, Enfield, Middlesex, UK, EN2 8QN

RECOMMENDATION: That Planning Permission be APPROVED subject to conditions with s106 agreement.

Page 2: LONDON BOROUGH OF ENFIELD Borough of Enfield LA086363,2003. 1. ... new entrance to first floor level at rear and ... 5.1 Core Strategy

Application No:- TP-11-0627400

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Methodist Church

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Development Control

Scale - 1:1250Time of plot: 09:38 Date of plot: 14/11/2011

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 150m

© Crown copyright. London Borough of Enfield LA086363,2003

Page 3: LONDON BOROUGH OF ENFIELD Borough of Enfield LA086363,2003. 1. ... new entrance to first floor level at rear and ... 5.1 Core Strategy

1. Site and Surroundings 1.1 The site is located on west side of Fore Street, Edmonton, between the

junctions with Sebastopol Road and Station House Mews and is between, but not in, the Lower Edmonton and Upper Edmonton Conservation Areas and outside Upper Edmonton Town Centre, which ends at No. 277 Fore Street.

1.2 The site contains 2 blocks. The front block is part one, part two-storeys high.

The rear block is single storey with a parking area on the roof. 1.3 The site’s previous occupiers were Kia Motors who used the site as car

showroom and service workshop. The applicant indicates that the use ceased in January 2007. The current use, the subject of this application, commenced May 2010.

1.4 To the south is a part four part five storey residential development of 25 flats,

which is in the process of being occupied. To the north of the site is Edmonton Mental Health Community Centre.

1.6 The site has a PTAL of 4/5, is accessed off a principal road and within an

area designated as Flood Zone 2. The site area is 0.37 Hectares. 2. Proposal 2.1 Permission is sought, for the change of use of the premises from car sales

and service workshop to a mixed use banqueting suite, community hall, two retail units and café involving a first floor extension, a single storey rear extension, external cladding, new entrance and external staircase at front, alterations to rear fenestration, new entrance to first floor level at rear and roof enclosure of the first floor car park and access ramp.

2.2 The floor space for the development is 2,580sqm. The banqueting suite has

an internal floor area of 1,115 sq m, the conference area 225 sq m, the retail areas circa 180 sq m and the 60 cover café a floor area of circa 170 sq m. The proposed operating hours for the banqueting suite and conference hall are 09:00 - 23:00 Mondays to Sundays for all uses with dispersal by 00.00. The retail and café uses operate to 18.00 Mondays to Sundays.

2.3 The applicant indicates that there are 65 full-time equivalent staff, however it

is indicated that only 25 staff would be on-site at any one time. Combined patron numbers for the banqueting suite and conference hall is restricted to 400.

2.4 There are 81 vehicular parking spaces (including 5 disabled) provided in 3

separate areas with 12 spaces at the front of the site adjacent to the retail units, 18 spaces at the rear of the site and 51 spaces on the first floor roof accessed via the existing ramp. However, three of these parking spaces will need to be removed for adequate servicing arrangements. Therefore, there are 78 parking on-site parking spaces.

2.5 Furthermore, the applicant has provided a copy of a ten year lease over land

at No.285 Fore Street to provide for staff parking for the Banqueting Suite. The applicant indicates that this car park has 30 spaces. However, an

Page 4: LONDON BOROUGH OF ENFIELD Borough of Enfield LA086363,2003. 1. ... new entrance to first floor level at rear and ... 5.1 Core Strategy

assessment by Traffic and Transportation indicate that the car park could only comfortably cater for between 12-15 cars.

2.6 The pedestrian and vehicular access points are unchanged. There are 30

cycle parking spaces on-site. 3. Relevant Planning Decisions

3.1 TP/02/0004- Change of use of workshop from B2 (general industry) to A1 (retail) and change of use of showroom to A3 (restaurant) (Refused).

3.2 TP/09/1826- Change of use from car sales and service workshops into a

banqueting suite and conference hall with ancillary offices, 3 retail units and a cafe involving a first floor extension, external cladding, new entrance and external staircase at front, alterations to rear fenestration, new entrance to first floor level at rear and replacement hard surfacing. Refused 28/09/2010.

3.3 Temporary Stop Notice. Land at 293-297 Fore Street, N9. Without planning

permission, the unauthorised change of use of the Premises into a banqueting suite and conference hall with ancillary offices. Notice took effect on 6th October 2010.

3.4 TP/10/1410: Change of use from car sales and service workshops into a

banqueting suite with ancillary offices, 3 retail units and a cafe involving a first floor extension, single storey rear extension, new entrance and external staircase at front, alterations to rear fenestration, installation of acoustic panels to first floor car park and replacement hard surfacing. (PART RETROSPECTIVE): Withdrawn 26-Apr-2011.

3.5 CON/6282: Land at 293-303 Fore Street, N9: Stop Notice served on 11th May

2011. 3.6 CON/6282: Land at 293-297 Fore Street, N9: Enforcement Notice served on

11th May 2011. 4. Consultations 4.1 Statutory and non-statutory consultees 4.1.1 Traffic and Transportation objects to the proposal on the basis of potential

overspill kerbside parking being detrimental to highway safety and free flow of traffic.

4.1.2 Property Services confirm that they have agreed to the change of use in lease

of part of these premises that is within the Council’s freehold ownership and leased to Currie Motors.

4.1.3 Environmental Health consider that conditions can overcome issues relating

to noise and disturbance to neighbouring occupiers. 4.1.4 Housing advise that given the proximity of development at 289-291 Fore

Street the use may give rise to noise and disturbance. 4.1.5 Environment Agency raises no objection.

Page 5: LONDON BOROUGH OF ENFIELD Borough of Enfield LA086363,2003. 1. ... new entrance to first floor level at rear and ... 5.1 Core Strategy

4.2 Public

4.2.1 Consultation letters were sent to 85 neighbouring properties. In addition, a

Notice was displayed at the site. One response was received which raises the following issues:

Noise and dirt during the building process Noise and light disturbance from people using the car park Loss of privacy Noise from the banqueting suite itself and its staff More pressure on parking in the area Vermin as a result of the proposal

5. Relevant Policy 5.1 Core Strategy 9 Supporting Community Cohesion 11 Recreation, Leisure, Culture and Arts 13 Promoting Economic Prosperity 16 Economic Success and Skills 18 Shopping Provision across Enfield 20 Energy Use 21 Water Use 24 Road Network 25 Pedestrians and Cyclists 26 Public Transport 28 Managing Flood Risk through Development 30 Built Environment 31 Built Heritage 32 Pollution 39 Edmonton 46 Infrastructure Contributions

5.2 Unitary Development Plan

(II)GD3 Aesthetics and functional design (II)GD6 Traffic Generation (II)GD8 Site access and servicing (II)S17 Out of centre retail development (II)CS1 Support a full range of facilities and services appropriate to the

needs of the Borough (II)CS3 Community services on Council land

5.3 London Plan

Policy 2.6 Outer London: vision and strategy Policy 2.7 Outer London: economy Policy 3.1 Ensuring equal life chances for all Policy 4.1 Developing London’s economy Policy 4.3 Mixed use development and offices Policy 4.8 Supporting a successful and diverse retail sector Policy 4.9 Small shops Policy 4.12 Improving opportunities for all

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Policy 5.1 Climate change mitigation Policy 5.2 Minimising carbon dioxide emissions Policy 5.3 Sustainable design and construction Policy 5.6 Decentralised energy in development proposals Policy 5.7 Renewable energy Policy 5.9 Overheating and cooling Policy 5.10 Urban greening Policy 5.11 Green roof and development site environs Policy 5.12 Flood Risk Management Policy 5.13 Sustainable Drainage Policy 5.15 Water use and supplies Policy 6.1 Strategic Approach Policy 6.3 Assessing effects of development on transport capacity Policy 6.7 Better streets and surface transport Policy 6.9 Cycling Policy 6.10 Walking Policy 6.11 Smoothing traffic flow and tackling congestion Policy 6.12 Road network capacity Policy 6.13 Parking Policy 7.1 Building London’s neighbourhoods and communities Policy 7.2 An inclusive environment Policy 7.3 Designing out crime Policy 7.4 Local Character Policy 7.5 Public Realm Policy 7.6 Architecture Policy 8.1 Implementation Policy 8.2 Planning obligations Policy 8.3 Community infrastructure levy

5.4 Other Material Considerations

PPS 1 Delivering Sustainable Development PPS 1 Supplement PPS 4 Planning for Sustainable Economic Growth PPG 13 Transport PPS 22 Renewable Energy PPS 24 Planning and Noise PPS 25 Development and Flood Risk

6. Analysis 6.1 Principle 6.1.1 Having regard to Core Strategy Policy 11, there is support where appropriate,

for banqueting facilities. It also recognises a demand for such facilities within the Borough. Moreover, and with respect to PPS4: Planning for Sustainable Economic Growth and Core Policies 13 and 17, the scheme has brought back into use a vacant brownfield site as well as provided employment which weighs to favour of scheme. Therefore, and having regard to Core Policy 30, subject to the development being of an appropriate scale and satisfactorily integrating into the locality with no undue impact on character of the area, neighbouring amenities or highway safety and the free flow of traffic, the principle for his development would be acceptbale.

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6.2 Impact on character and appearance 6.2.1 It is considered that the works including the first floor wood-clad extension,

external cladding, external staircase, new entrances, alterations to the fenestration and new hard surfacing would not by virtue of their siting, size and design have a detrimental impact on the character and appearance of the area. Furthermore, it is considered they would not harm the setting, character and appearance of the nearby Lower and Upper Edmonton Conservation Areas. Furthermore, the proposed roof enclosing the first floor open-air car park and access ramp would be largely obscured from the street by the two-storey block at the front of the site and the nearly completed neighbouring residential block.

6.3 Impact on neighbouring residential amenities 6.3.1 A key issue is whether the nature, intensity and combination of the proposed

uses along with the use of the first floor open car park, would by virtue of noise and disturbance, have an undue detrimental effect on neighbouring occupiers’ amenities. This may be internal noise transmission resulting from the uses within the building to neighbouring occupiers; pedestrian or vehicular movements/activity as vehicles, including servicing vehicles, and pedestrians entering and leaving the premises particularly in the later hours of the night; light nuisance from the security lights; and, noise and smells from the kitchen extractor duct and fans and air conditioning units.

6.3.2 Environmental Health in assessing the proposal, and having regard to the

Noise Impact Assessment and Report on the Noise Survey, considers that adequate noise mitigation measures have been proposed to ensure that noise transmission from within the premises to surrounding properties would not unduly affect neighbouring occupiers. If the application were to be approved, a condition could be attached requiring that all the measures indicated in the application documents to be fully carried out.

6.3.3 The pedestrian entrances/exits to the site as well as the banqueting suite,

café/restaurant and retails shops are such that the likely movements of pedestrians would be well away from the south and west boundaries that are closest to residential properties. Given this arrangement it is not considered that pedestrian movements in and out of the site would cause undue harm to the amenities of neighbouring occupiers. Furthermore, and in the judgement of Environmental Health, smokers congregating outside the building are unlikely to cause noise and disturbance that would result in a significant loss of amenity to neighbouring residents.

6.3.4 It is considered that the external lighting (locations of which are shown on

plan no. 0917 P 2E) could be adequately controlled through condition, in particular in relation to its hours of operation, its luminosity and its ‘spillage.’

6.3.5 The adjacent site to the south is No.289/291 Fore Street. Genesis Housing

Group have recently completed and sarted to occpupy a part 4, part 5 storey development of 25 residential flats. The flats facing westwards have recessed balconies. The building has a staggered rear building line and so the distance between these flats and the open air car park varies between four, nine and fourteen metres. Some of these facing rooms are bedrooms, others are lounges and kitchens.

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6.3.6 It is noted that the premises has a License for consumption of alcohol on the premises. Furthermore the banqueting suite is used for social functions such as weddings. Therefore it is likely that when patrons leave the premises after and around 23.00 hours, they may be noisy and cause disturbance in close proximity to the neighbouring residential properties.

6.3.7 In particular and the focus of concern, is the fact that the first floor car park,

situated on south-western boundary, is an open-air car park which is accessed by an open-air ramp situated on the south-western boundary. Concern has been previously raised that the use of this car park by patrons late at night would harm the amenities of neighbouring occupiers. However, the applicant has now proposed that the roof top parking area and access ramp be enclosed. Environmental Health considers that subject to appropriate conditions issues such as noise and light pollution can be adequately mitigated. Furthermore, although this would increase the height of the existing building, the extent of the enclosure has been designed to minimise any further visual intrusion on the outlook and amenities of neighbouring properties. In particular, the enclosure is set back from the boundary with 289/291 Fore Street. It is considered therefore, that the addition of this structure would not lead to any loss of outlook, light or residential amenity

6.4 Access, parking and traffic, cycling and refuse & re-cycling

Vehicular and Pedestrian Access

6.4.1 The scheme includes an automatic, CCTV controlled system which will be installed at the entrance to the site. However, this will not be in place during the operational hours of the site to ensure that there is no delay to vehicles entering the site. The proposed barrier will only be in place outside of operational hours as a security measure. It is also proposed that the southern access will be entry and exit for all vehicle types whilst the northern access will be exit only. Service vehicles, taxis and cars will be able to use this one-way loop arrangement for drop off/pick up operations.

6.4.2 The internal layout is considered to provide adequate pedestrian accessibility

as there will be an internal footpath that links the retail units, café, banqueting hall, toilets, kitchen and car park areas to the external footway network at the north eastern corner of the site.

Emergency access and servicing / refuse

6.4.3 Servicing for the banqueting hall and café/restaurant will be undertaken on site with vehicles entering via the main entrance on Fore Street, driving through to the car park on the eastern side of the site, loading/unloading, turning round in the car park area and driving out the same route in forward gear. Servicing to this part of the site will only occur during the hours of 08:00-16:00 hours whereby cars will not be allowed to park in this area to facilitate turning movements. Servicing for the retail element of the site will occur off highway from the frontage of the units with refuse collection being undertaken from the retail bin store located opposite the retail units at the western side of the site. Service vehicles can access this section of the site by using the one-way loop via the entrance/exit to/from Fore Street.

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6.4.4 The four refuse bins in the rear car park will be wheeled by staff to the front of the site to be collected in the same way as the bins for the retail units. It is also envisaged that servicing and delivery vehicles would be no larger than 10m rigid goods vehicles. The majority of deliveries to the banqueting hall will be via transit vans as they will be for catering at events.

6.4.5 It is considered that there is sufficient space within the site for such vehicles

to enter, safely manoeuvre without affecting the operation of the site and then exit in a forward gear and therefore subject to appropriate conditions the refuse provision, servicing and emergency access to acceptable.

6.4.6 Three cycle parking spaces will be located adjacent to the security kiosk,

under the car parking ramp and in the northern corner of the site. It is considered, subject to condition, that the cycle parking provision is acceptable.

Trip generation

6.4.7 In order to predict the traffic generated by the existing car showroom, TRICS

20010(a) database has been interrogated and the following information obtained:

Period Am Peak (08:00-09:00 am) PM Peak (17:00-18:00 pm) Movement

Arrive Depart Two-way

Arrive Depart Two-Way

Trip Generation

17 5 22 6 15 21

The total Proposed Trip Generation indicated by the applicant is contained in the table below:

Period Am Peak (08:00-09:00 am) PM Peak (17:00-18:00 pm) Movement

Arrive Depart Two-way

Arrive Depart Two-Way

Trip Generation

13 7 20 8 10 18

Staff Travel Plan

6.4.8 As there is no modal split information available for a number of the proposed uses in either the TRICS or TRAVL databases. It has been agreed that the modal shift targets will be based on the survey of staff when the site is operational and the targets will be refined. The Travel Plan also includes an Action Plan that sets out the programme for the implementation of measures and who will responsible for their implementation. Car Parking

6.4.9 The level of off-street parking provision has been one of the Council’s key

concerns relating to this development with it being felt to be inadequate to serve the development. The car parking for retail units in the form of 12 spaces to the front of the site with direct access from Hertford Road, is

Page 10: LONDON BOROUGH OF ENFIELD Borough of Enfield LA086363,2003. 1. ... new entrance to first floor level at rear and ... 5.1 Core Strategy

considered to be appropriate) given the scale of these uses, the high PTAL and the potential for attracting linked trips by sustainable modes of transport. However, there is significant concern that there is insufficient parking to serve the main banqueting hall and smaller conference hall. Even though there are no parking standards in either the London Plan or local planning policy for banqueting halls, it is felt that a provision of 78 on-site parking spaces (assuming that parking at 285 Fore Street will be used by staff only) for patrons/ visitors may not be sufficient to cater for likely demand having regard to the scale and combination of the uses.

Comparison to Similar Facilities

6.4.10 To inform the assessment, the TA made a comparison to similar facilities in

North London, as shown in a table below:

6.4.11 Even though the proposed level of parking might seem to be above the

average parking provision and towards the top of the range of provision it needs to be remembered that each application is dealt with on its own merits (for example the particular location, PTAL, impact on strategic road network, availability of on street/public parking in the area etc.). Hence, without further interrogation of these ‘comparable’ sites, only limited weight can be given to their parking ratios.

6.4.12 In assessing the parking demand the Tranport Assessment based its

calculations on the following principles:

1) The facility will primarily be used for Turkish and Kurdish weddings, which would occur between 1800 and 2400 on Fridays, Saturdays and Sundays (although it should be noted tht the premises has held event on other days across the week - info attached at Appendix B below).

2) An assumption was made that 60% of guests will arrive by car, 20% by taxi and 20% by public transport. Although not supported by any strong evidence this assumption seems to be realistic. If the above percentiles are applied then the following parking overspill could potentially take place:

Page 11: LONDON BOROUGH OF ENFIELD Borough of Enfield LA086363,2003. 1. ... new entrance to first floor level at rear and ... 5.1 Core Strategy

400 visitors (78 parking spaces): 1) 240 car trips (no car sharing) 2) 2 people car share, which equates to 120 car trips 3) 2.5 people car share, equates to 100 car trips 3) 3 people car share, equates to 80 car trips,

6.4.13 Assuming that, on average, 2.5 people share, there would be a shortfall of 22

spaces and this overspill parking would need to be accommodated on street.

3) Another assumption was made that on average; there would be 3 guests per car/taxi. This has been justified by saying that wedding receptions are attended by family, relatives and friends the average car/taxi occupancy is likely to be high. The TA justifies this figure by the survey undertaken (on Monday 11th October from 1830 to 2230, on Friday 22nd October from 1800 to 2230 and on Sunday 31st October from 1830 to 2330.) which recorded vehicles entry and exit, car occupancy and pedestrian arrivals.

The surveys, however, cannot guarantee that the guests to did not park somewhere else outside and then decided to walk to the site. The Transport Assessment seems only to define pedestrians as those walking the last part of their journey.

Car Parking in the Vicinity of the Site

Public car parks survey The applicant undertook a car park usage survey on Thursday 29th July 2010 within the hours of 16:00 and 20:00 for the following public car parks:

Trafalgar Place Car Park- located 750m (9min walking) from the proposed site

Raynham Road Car Park-located 650m (8min) from the proposed site Fairfield Road Car Park-400m (4min) from the proposed site Lion Road Car park- 850m (10min) from the proposed site

The survey results confirmed that the closest car park-Fairfield Road- which would most likely be used by visitors to the site, had only 5 car parking spaces available at the peak occupancy time. In relation to the rest there are some definite Council’s plans to close the Trafalgar Place & Raynham car park which means that the visitors to the site will be only able to use Lion Rd which is highly unlikely as it is too remote.

On street parking survey Similar on street survey undertaken on Thursday 20th July 2010 revealed that the occupancy of the closest streets is in fact the highest (Sebastopol Road-95% occupancy, Fore Street South-100% occupancy). It is also considered unrealistic that guests would walk a distance of 750m or 850m from the car parks/streets located further a field to the site. It is more likely that guests unfamiliar with the area will take the opportunity to park as close to the site as possible. This could have a detrimental effect upon the highway safety particularly along Fore Street (South) and Sebastopol Road which as the parking surveys revealed are already heavily parked with negligible scope to

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accommodate for the parking. However, it is noted that the overspill parking (22 spaces) is relatively minor, and its potential harm needs to weighed alongside the benefits of the proposal.

6.4.8 Conclusion

Traffic and Transportation conclude that given the difficulty in monitoring of the visitor numbers and adequate off-street parking provision, the proposal cannot be made acceptable by way of condition and therefore they object to the proposal. However, Officers have noted that the Premises has been operating for over a year and the use has not generated a significant level of complaints or objections despite the fact that it has operated on occasions with significantly more patrons than the 400 patron limit. Moreover, the Council has been unable to identify significant harm in the form of parking and traffic surveys and, therefore, substantiate projections on the level of car sharing that occurs. It is also noteworthy that assuming, on average, that 2.5 people share a car, the parking shortfall is only 21 spaces. This relatively minor shortfall is not considered to result in harm that would outweigh the benefits of proposal. Therefore, on balance, it is considered that the impact on the free flow and safety of highway traffic is acceptable subject to appropriate conditions and s106 agreements.

6.5 Retail and café/restaurant element 6.5.1 The scheme seeks to introduce three Class A1 retail premises (flower shop,

hairdressers and photography studio) with a combined floor space of 183sq m and a 56 cover Class A3 café/restaurant with a floor space of 171 sq m. The site is situated 85m from the Upper Edmonton Town Centre and is in an area of mixed Class C (residential) and Class D (non-residential) uses. Town Centre Policies seeks to maintain and enhance the role of Town Centres (including Upper Edmonton Town Centre) with particular regard to their viability and vitality. Therefore, regard needs to given as to whether the proposed introduction of Class A1 and A3 uses would draw custom from the Town Centre and harm the viability of and vitality of the Centre. Given the relatively modest size of the proposed Class A1 floor space, the proposal is not considered to be of a scale that would detract from the viability or vitality of the Town Centre.

6.5.2 Core Policy 30 seeks to support proposals only where they are in an

appropriate location. In assessing the retail and café/restaurant element of the scheme, it is considered that given that it is sited on a busy classified road, the quasi-retail character of the previous use of the site as a Car Showroom and the mixed character of the surrounding area, it is not considered that the this element of the proposal would harm the character of the area.

6.6 Flood Risk and SUDS 6.6.1 The Environment Agency has raised no objections to the proposal on basis of

the premises being at undue risk of flooding. 6.6.2 The applicant has proposed a hydrobreak system, it mitigate the risk and

severity of downstream flooding. The applicant confirms that the works would take around four weeks to implement. The proposed solution is considered acceptable, subject to appropriate conditions.

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7. Conclusion and Recommendation

7.1 The proposal by virtue of the nature and intensity of the combination of uses

would lead not lead to levels of overspill parking on the kerbside that would be to the detriment of highway safety and the free flow of traffic. The proposal would not result in unacceptable levels of noise and disturbance to the future neighbouring occupiers at Nos. 289 & 291 Fore Street and residents at Nos. 40 to 68 Solomon Avenue. Furthermore, the applicant has overcome concerns relating to downstream flooding. Thus, it is considered that the proposal, subject to conditions and a s106 agreement, should on balance be approved as the benefits of the scheme in terms of reusing a vacant building and providing employment and investment in the area outweigh any minor harm that has been identified.

7.2 In order for the application to be acceptable a s106 agreement should be

signed with the following Heads of Terms.

1. The s106 agreement should ensure that the use of the banqueting suite and conference hall cannot subsist unless the parking area at No.285 Fore Street (or equivalent provision) is available for use by staff and / or patrons of the development.

2. The s106 agreement should make provision for suitable monitoring of

the Travel Plan objectives. 7.3 In order for the application to be acceptable the following conditions

should be attached to the decision:

1. The retail units, hereby approved, shall only be used for non-food retail purposes unless otherwise agreed, in writing, with the Local Planning Authority. Reason: To ensure that the servicing of these premises does not prejudice the efficient operation of the car park and lead to additional overspill parking of the surrounding roads.

2. The banqueting suite and conference hall, hereby approved, shall only

be used for a combined maximum of 400 people (excluding staff).

Reason: In the interests of neighbouring occupiers’ amenities and in the interests of highway safety and the free flow of traffic.

3. Within three months of the date of this decision, the measures,

outlined in Paul Timmins email of 29th September and Plan No. SK 01, to reduce surface water discharge by 20% from existing discharge rates shall be fully installed and be operational.

Reason: To mitigate the risk and severity of downstream flooding.

4. Within three months of the date of this decision, details of static and

non-illuminated signage to mark the access to the south as ‘entrance only’ and the northern access as ‘exit only’ shall be submitted to and approved in writing by Local Planning Authority. Within two months of

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the approval of details the signage shall be installed as per the approved details and retained thereafter.

Reason: In the interest of amenity and highway safety

5. The barriers at the vehicular/pedestrian access points must be

open/lifted during operational hours.

Reason: To ensure that there is no delay to vehicles entering the site prejudicial to highway safety and free flow of traffic.

6. Within three months of the date of this decision, details of a revised

rear parking area (to provide adequate manoeuvring space for service vehicles) together with an improved access to the site (widening of the northern access, securing adequate sightlines and set back from the highway) shall, in writing, be submitted to and approved by the Local Planning Authority. Within two months from the approval of details the works shall be implemented in full and retained thereafter.

Reason: In the interest of highway safety.

7. Within three months of the date of this decision, all parking bays

should be clearly marked out as per the approved plans and retained thereafter.

Reason: So that the parking areas are efficiently used to minimise overspill on-street parking.

8. Within three months of the date of this decision, details of the siting,

number and design of secure/covered cycle parking spaces shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be installed within two months after the approval of details and permanently retained for cycle parking.

Reason: To ensure the provision of cycle parking spaces in line with the Council's adopted standards.

9. Within three months of the date of this decision, details of refuse

storage facilities including facilities for the recycling of waste to be provided within the development, in accordance with the London Borough of Enfield – Waste and Recycling Planning Storage Guidance ENV 08/162, shall be submitted to and approved in writing by the Local Planning Authority. The facilities shall be provided in accordance with the approved details within two months after the approval of details and retained thereafter for that purpose.

Reason: In the interests of amenity and the recycling of waste materials in support of the Boroughs waste reduction targets.

10. The retail units, hereby approved, shall not be subdivided or

amalgamated unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the development complies with the adopted parking and servicing standards.

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11. Within six months of the date of this decision, the car park shall be enclosed as

described in the second acoustic report by Shaun Murkett Acoustic Consultants Ltd and shown on approved plan no. 0917 P 3H. Once installed the noise from the roof top car park shall not exceed 10 dB(A) below the lowest measured background level at the façade of the nearest residential property.

Reason: In the interests of safeguarding neighbouring resident’s amenity.

12. The noise from plant and machinery shall not exceed 10 dB(A) below the

lowest measured background level at the façade of the nearest residential property.

Reason: In the interests of safeguarding neighbouring resident’s amenity.

13. The sound insulation proposals, as set out in the acoustic report dated

1st June 2010 for the development, must be implemented in full within three months of the date of this decision. After implementation of works, the noise levels shall be 10 dB(A) below the lowest measured background levels at the façade of the nearest residential property in accordance with the conclusions of the acoustic report.

Reason: In the interests of safeguarding neighbouring resident’s amenity.

14. The entirety of the development, hereby approved, shall be occupied

as one business unit and shall not be subdivided and occupied by separate businesses unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the development complies with the adopted parking and servicing standards.

15. Within three months of the date of this decision, details of external

lighting shall be submitted to and approved in writing by the Local Planning Authority. Within two months of the approval of details, the external lighting shall only operate in accordance with the approved details.

Reason: To ensure that the development does not prejudice the amenities of adjoining occupiers and / or the visual amenities of the surrounding area.

16. The banqueting suite and conference hall shall only be open for

business and working between the hours of 09.00 to 23.00 hours Monday to Sunday

Reason: To safeguard the amenities of the occupiers of nearby residential properties and in the interests of the free flow and safety of highway traffic.

17. The retail units and café shall only be open for business and working

between the hours of 09.00 to 18.00 hours Monday to Sunday.

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Reason: To safeguard the amenities of the occupiers of nearby residential properties and in the interests of the free flow and safety of highway traffic.

18. Deliveries and collections to and from the premises shall only take

place between the hours of 09.00 to 18.00 hours Monday to Sunday.

Reason: To safeguard the amenities of the occupiers of nearby residential properties.

19. Notwithstanding the provisions of the Town and Country Planning

(Use Classes) Order 1987 as amended, or any amending Order, the cafe shall only be used for the consumption of food and/or drink on the premises and shall not be used for the sale of food and drink for consumption off the premises.

Reason: In the interests of highway safety and amenities of neighbours.

20. All of the parking area(s) forming part of the development shall only be

used for the parking of private motor vehicles and shall not be used for any other purpose.

Reason: To ensure that the development complies with Unitary Development Plan Policies and to prevent the introduction of activity which would be detrimental to amenity and the free flow and safety of highway and pedestrian traffic.

21. The development, hereby approved, shall be carried out in

accordance with the approved plans, as set out in the attached schedule which forms part of this notice.

Reason: For the avoidance of doubt and in the interests of proper planning.

7.4 It is therefore recommended that planning permission be approved for

the following reasons:

1. The proposal, due to its on-site and off-site parking provision, is considered, on balance, to provide adequate parking for the development and would only result in acceptable levels of overspill on-street parking in the surrounding roads, having regard to Core Strategy Policy 24, London Plan Policy 6.13, PPG13 and Policies (II) GD6 and (II) GD8 of the Unitary Development Plan.

2. The proposal, having particular regard to the enclosure of the first floor

car park and access ramp, would not give rise to undue noise and disturbance to the neighbouring occupiers or otherwise detrimentally affect their amenities, having regard to Core Strategy Policies 30 and 32 and Planning Policy Guidance 24: Planning and Noise.

3. The proposed hydrobreak and drainage system is considered to

adequately mitigate the risk and severity of down-stream flash flooding in accordance with Core Strategy Policies 28 and 32 and national guidance PPS: 1 Delivering Sustainable Development, Planning,

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Climate Change supplement to PPS: 1 and PPS: 25 Development and Flood Risk.

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