SITE DESIGNATIONS

Relevant site designations:

Conservation Area CA1: Clapham Conservation Area

Land Subject to Commons Registration

District Centre Boundary

Smoke Control Area

Archaeological Priority Areas

LAND USE DETAILS

Site area 70 sqm

Use Class Use Description

Existing Sui Generis Public Convenience

Proposed Class A1 Cafe

EXECUTIVE SUMMARY The application seeks full planning permission for the change of use of the vacant public convenience block (sui generis) at The Polygon to use class A1. Works to the building are also proposed to facilitate its use as a café including the creation of larger openings to the north, east and west elevations and a raised terrace/access area to the north and east elevations. It is also proposed to provide toilet facilities for TfL employees. The application has been fully assessed against national, regional and local policies and Officers are of the opinion that the application is in general compliance with the relevant policies. The proposed

ADDRESS: Public Conveniences, The Polygon

Application Number: 15/05017/RG3 Case Officer: Sinead Winship

Ward: Clapham Town Date Received: 07.09.2015

Proposal: Change of Use from public place of convenience (Sui Generis) to Use Class A1

Drawing numbers: Existing building survey (elevations) ref 22331A_001 Rev A; 22231A_003 Rev A and 22231A_004 Rev A; Existing building survey (floor plan) ref 22231A_002 Rev A; CGI of proposal (x2) ref 22231B; Plans and elevations of proposal ref 22231A/05 Rev B; Site Location Plan ref 22231A

Documents: Design and planning support statement by Clague Architects dated August 2015

RECOMMENDATION: Grant Conditional Planning Permission

Applicant: Mr Tolu Fatogbe London Borough of Lambeth 2nd Floor Olive Morris House 18 Brixton Hill London SW2 1RL

Agent: Mr Geoff Mitchell Clague 62 Burgate Canterbury Kent CT1 2BH

alterations would not result in any harm to the character or appearance of the conservation area and there is not considered to be any detrimental impact on the amenity of adjoining occupiers. OFFICER’S REPORT Reason for referral to PAC: The applications are reported to the Planning Applications Committee in accordance with section 5 of the Committee’s terms of reference; the application has been made by the Council for development of land in its ownership that the Council intends to dispose of to a third party. 1 SITE AND SURROUNDINGS

1.1 The application site is located at the junction of the B303 and The Pavement facing The Polygon. The site comprises a single storey detached building within an area of public open space adjacent to but not within Clapham Common.

1.2 The building contains public toilet facilities which are no longer in use and currently stand vacant. The applicant states that the facilities have not been in public use since 2006.

1.3 The application site is within the Clapham Conservation Area but does not contain any listed buildings. There are however a number of listed buildings within close proximity of the site as follows: No.6-8 The Polygon (Grade II Listed), The Lodge (Grade II Listed), Roman Altar (Grade II Listed) and Holy Trinity Church (Grade II* Listed). Any potential impact upon the setting of these designated heritage assets should therefore be considered.

1.4 The building has a red brick base and piers. Elevations are simple with little decoration and adornment. Clad in white render the building has an attractive hipped clay roof with discrete eyebrow dormers.

Figure 1: North and West elevations, looking towards The Pavement.

Figure 2: Birds eye view of existing southern elevation (subject site outlined in red)

Please note that the road layout surrounding the site has been amended and The Polygon is now pedestrianised. The land surrounding the building is now paved.

Figure 3: Aerial view of application site. It should again be noted that The Polygon has now

been pedestrianized.

2 PROPOSAL

2.1 The applicant has submitted an application for full planning permission for a change of use from public place of convenience (Sui Generis) to use class A1.

Description of Development

2.2 The applicant proposes to change the use of the vacant public conveniences to A1 with the view of using the site as a café. The building would also contain toilet facilities for TfL staff, noting the proximity to the nearby Clapham Old Town Bus Stand, in addition to a disabled toilet and a baby changing area.

2.3 Large, fully glazed, sliding doors are proposed to the north, east and west elevations in new openings. A raised terrace area is also proposed to these elevations which would be paved and feature glass balustrading to the boundary. Disabled access to the unit would be facilitated by a ramp onto the terrace on the eastern elevation.

2.4 The proposed sliding doors would have a height of 2.08m on each elevation whilst the width would be 4.78m (west elevation), 4.85m (east) and 5.08m (north).

2.5 All proposed fenestration is aluminium framed. No alterations are proposed to the roof

Figure 4: CGI of proposed West and South elevations

Figure 5: CGI of proposed East and South elevations

Figure 6: Proposed floor plan

Figure 7: Proposed north elevation Figure 8: Proposed south elevation

Figure 9: Proposed west elevation

Figure 10: Proposed east elevation

Figure 11: Existing west elevation

3 RELEVANT PLANNING HISTORY

3.1 15/01878/RG3 - Change of use from a vacant public conveniences to provide A3 cafe/bistro use, together with toilet facilities to be use by customers of the cafe as well as for public use. Application withdrawn 22/05/2015

3.2 15/03682/RG3- Change of use of public conveniences to office use (Class B1) together with ancillary toilet facilities. Application withdrawn 20/08/2015

4 CONSULATIONS

4.1 Statutory Consultees

4.1.1 Transport for London – No objection

4.2 Other Consultees

4.2.1 Conservation and Design – Comments received 18.09.2015 providing no objection to the scheme subject to a number of conditions requiring details of design to be submitted prior to commencement.

4.2.2 Streetcare – No response

4.2.3 Transport – No response

4.2.4 Brixton Town Centre Manager – No response

4.2.5 Clapham Society – Comments received 27.10.2015 as follows: we note that the proposed use now meets the requirements of the Commons legislation, is in line with the adopted Clapham Common Masterplan and provides the toilet facilities needed by TfL. There is some ambiguity about whether the use proposed is A1 or A3. However the design of the proposed changes to the building are disappointing. The large glazed openings are reasonable in principle, but the design lacks the level of detail needed at this stage to convince that they will work well in practice. They could also become a security liability.

Officer Comment – The use as stated in the description of the development will be A1, therefore preventing the preparation or cooking of hot food on the premises. Potential issues regarding security are noted and a condition requiring the development adhere to Secured by Design standards is recommended. The Council’s Conservation Officer has assessed the proposed design and are satisfied that it is appropriate for an A1 café use. They have recommended however that more detail be submitted regarding the design through pre-commencement conditions.

4.3 Adjoining owners/occupiers

4.3.1 Site notices were displayed from 23rd September 2015 and the application was advertised in the local paper on 2nd October 2015. Letters were also sent to the occupiers of 18 neighbouring properties.

4.3.2 The formal consultation period ended on 23rd October 2015. Four responses were received as follows:

1) The application is for change of use to A1. However the supporting design and

planning statement proposes to convert and alter the building to "A3 use cafe/bistro" (Policy 35) It would make sense to resubmit application to A3. A3 use would also support A1 use. Little consideration has been given to the proposed plans. The proposed conversion plans are a re hash of the previously withdrawn application for an office B1.(Ref 15/03682/RG3). As such these plans would not be fit for purpose for the use as a cafe/bistro. The entrance ramp is poorly situated along the east and north elevations which would prohibit the use of external table and chairs which would be required if this building is to be feasible as a cafe/bistro.

Officer comment – A3 use has been deemed inappropriate owing to the concentration of late night venues in the vicinity of the site. The other issues raised are not material planning considerations.

2) It's really not clear what is being proposed here - could more information be

provided please? Officer comment – the case officer contacted the individual and provided further information regarding the proposals. To date, they have not made any further representations.

3) It is difficult to envisage the sort of establishment that is being proposed here. Either way, I am concerned as to the inevitable increase in the amount of litter generated by a cafe/bistro, particularly if it is to have outdoor seating, There is already a lot of litter on the roads around the Old Town, together with numerous overspilling bins (public and residential), which is hugely damaging to the area. I am also concerned to note that the applicants are not proposing to have an enclosed bin store - bins out in the open will attract rats, result in increased litter around the area and take away from any aesthetic improvements achieved.

Officer comment – Concerns regarding litter and waste will be discussed in section 6.5 of this report.

4) Change of use to a cafe is a welcome development. I support the proposed plans including the future extended terrace. They will make better use of the public space.

5 POLICIES

5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning decisions to be made in accordance with the development plan unless material considerations indicate otherwise.

5.2 The development plan in Lambeth is the Lambeth Local Plan (2015) and the London Plan (2015).

5.3 The National Planning Policy Framework was published in 2012. This document sets out the Government’s planning policies for England including the presumption in favour of sustainable development and is a material consideration in the determination of all applications.

5.4 The current planning application has been considered against all relevant national, regional and local planning policies as well as any relevant guidance. Set out below are those policies most relevant to the application, however, consideration is made against the development plan as a whole.

The London Plan (2015) (FALP)

Policy 1.1 Delivering the Strategic Vision and Objectives for London

Policy 2.15 Town Centres

Policy 6.1 Strategic Approach

Policy 6.3 Assessing effects of development on transport capacity

Policy 7.2 An Inclusive Environment

Policy 7.4 Local Character

Policy 7.6 Architecture

Policy 7.8 Heritage Assets and Archaeology

Lambeth Local Plan (2015)

Policy D1 Delivering and Monitoring

Policy D2 Presumption in favour of sustainable development

Policy D3 Infrastructure

Policy ED6 Town Centres

Policy ED10 Local centres and dispersed local shops

Policy T1 Sustainable Travel

Policy T2 Walking

Policy T3 Cycling

Policy T7 Parking

Policy T8 Servicing

Policy PN5 Clapham

Policy EN7 Sustainable waste management

Policy Q1 Inclusive environments

Policy Q2 Amenity

Policy Q3 Community safety

Policy Q11 Building alterations and extensions

Policy Q12 Refuse/recycling storage

Policy Q13 Cycle storage

Policy Q22 Conservation Areas

5.5 Supplementary Planning Documents Building Alterations and Extensions (2015)

6 ASSESSMENT

6.1 Land Use and Principle of Change of Use

6.1.1 Policy ED6 states that the council will support the vitality and viability of Lambeth's hierarchy of major, district and local centres, and Central Activities Zone frontage by supporting retail, service, leisure, recreation and other appropriate uses in these areas.

6.1.2 Policy ED10 states that the council will support and protect the role of local centres and local shops in meeting the day to day needs of communities. Active-frontage uses, and particularly retail A1 uses, will be encouraged and protected. To ensure the vitality, viability and function of local centres, the change of use of ground floor shops will be supported only where the use proposed is an active frontage use and an appropriate mix and balance of uses is retained as follows:

6.1.3 The proportion of retail A1 units should not fall below 40 per cent. Exceptions may be allowed where it is demonstrated through marketing evidence that the unit is unlikely to be let for A1 use, and the proposal would contribute to enhancing the vitality and viability of the centre.

6.1.4 The site is located in a district centre and is not currently in A1 use, and as such the proposal would (at least in part) increase the amount of A1 space in the centre

6.1.5 Policy PN5 states that the Council will safeguard and encourage retail and other town centre uses.

6.1.6 The proposed unit would be an A1 café therefore no hot food production will occur on site. No kitchen facilities or specialist extraction facilities are required and so it is not considered any undue impacts on neighbouring amenity would arise. The café would have an active frontage to three elevations, would be open to the public and consistent with policy ED10. The proposals would return the building to district centre use and would support the status of Clapham as a district centre, in accordance with Local Plan Policy PN5.

6.2 Design

6.2.1 Policy Q11 states when considering proposals for the alteration or extensions of buildings the council with expect proposal which have a design that positively responds to the original architecture of the host building and other locally distinct forms.

6.2.2 Policy Q22 of the Local Plan (2015) states that all development should preserve or enhance the character and appearance of the conservation area.

6.2.3 The application proposes enlarged openings with fully glazed sliding doors to three elevations and a raised terrace area with glass balustrading.

6.2.4 With regards to the proposed fenestration, it is noted that aluminium framing is proposed which would be resisted by the Council’s Conservation and Design Officer. The Conservation Officer has stated that any proposed fenestration must be timber framed but is happy for this to be dealt with through a condition.

6.2.5 Although the Conservation Officer has concerns regarding the terrace, they are again happy for these to be dealt with through a condition. Specifically, a condition will be required to ensure that the balustrade will be frameless with a simple cap rather than a bulky handrail.

6.2.6 It is considered that the proposed alterations would not be harmful to the character or appearance of the host building or the wider conservation area. As such it is considered that the proposed alterations accord with Policy Q11 and Q22 of the Local Plan.

6.3 Amenity

6.3.1 Policy Q2 states that states that development should not unacceptably harm the visual amenities of adjoining sites with regard to overlooking, loss of sunlight and daylight, creation of a sense of enclosure and noise.

6.3.2 The applicant has not provided details regarding opening hours, however when considering the proposed A1 café use it is considered unlikely that the hours would be excessive or inappropriate for a district centre.

6.3.3 The proposed additional glazing would not allow for any additional views into residential properties.

6.3.4 The proposed café use is considered to fall within Use Class A1 on the basis that no hot food will be prepared and cooked on the premises. The offer will be limited to dispensing cold food and drink. It is permissible ‘heat’ food up under an A1 use, however, this is limited to the use of microwaves and toasters and there will be no kitchen or specialist extraction facilities. Therefore, as no air extraction system will be required, it is not considered that there will be any significant levels of noise, vibration or odour as a result of this application.

6.4 Traffic and Transport

6.4.1 Policy T1 states that the council will promote a sustainable pattern of development in the borough minimising the need of travel and reducing dependence on the private car.

6.4.2 Policy T8 states that new development, and in particular non-residential and mixed-use development, will be permitted where adequate provision is made for servicing appropriate to the scale, form and location of the proposed development

6.4.3 The site has a Public Transport Accessibility Level of 6A which is considered to be 'excellent'.

6.4.4 This application is in a district centre location with good public transport accessibility and therefore an A-type use is considered appropriate. However, it is noted that no details have been provided by the applicant in relation to the servicing of the unit. It is recommended that a condition be attached to the planning permission requiring the submission of a servicing management plan, setting out frequency / timings of deliveries associated with any future use, and how the impact on the local highway network and neighbouring residents would be mitigated.

6.4.5 Policy T3 promotes cycling provision within the borough.

6.4.6 Policy Q13 states that cycle storage in all development should be i) fully integrated into proposals from the initial design stage; ii) directly and conveniently accessed from outside the building; iii) inclusive, secure and safe to use; iv) in individual lockers/cupboards, or if necessary, in cycle stores shared by small groups of immediate neighbours; and v) covered, fully ventilated, robustly constructed and easy to maintain.

6.4.7 London Plan Policy 6.13 requires developments to meet the minimum cycle parking standards set out in Table 6.3 and to provide for the needs of businesses for delivery and servicing. Table 6.3 of the London Plan requires from a threshold of 100 sqm: 1 space per 175 sq m for long-stay and from a threshold of 100 sqm: 1 space per 40 sqm. Therefore, owing to the size of the application site, there is no requirement for cycle parking to be provided as part of this application.

6.5 Refuse and recycling

6.5.1 Policy Q12 states that adequate refuse and recycling storage should be provided for all development. There are currently two large wheelie bins stored outside the western elevation of the building. Although they are not shown on the submitted site plan, the design and access statement makes reference to refuse provision in the “existing area of soft landscaping”. It is accepted that there is no suitable area for a covered bin store when considering the open nature of the application site and therefore the continuation of the existing arrangement is acceptable. However, a condition requiring full refuse details will be included as requested by the Council’s Conservation Officer. The condition will require that the bins are suitably screened in order to improve visual amenity. With regards to any waste generated as a result of outdoor seating, it is considered that the size of the area which can be used for outdoor seating is limited and would ensure that only a small number of tables and chairs can be located here. As no significant amounts of litter are expected to be generated.

6.6 Community Safety/Designing out Crime

6.6.1 Policy Q3 seeks to create a safe borough for all users and to design out opportunistic crime paying particular regard to shared space and communal areas within developments and to ensure that materials and construction details are robust, durable and resistant to damage.

6.6.2 The change of use to provide a café involves only minor physical alterations (i.e. the installation of additional glazing) and would not create any new opportunities for crime. A condition requiring that the development meets ‘Secured by Design Standards’ is recommended to be included (condition 7).

6.6.3 The A1 use of the café would restrict the unit to selling only cold food to be consumed off the premises which again would not be considered to result in any additional opportunities for crime.

6.6.4 The Council’s design officer has also verbally requested that a condition be included

to require internal roller shutters be installed to prevent external shutters being retrofitted at a later date. It is felt that this condition is necessary owing to the large areas of glazing which may leave the building susceptible to crime.

7 RECOMMENDATION

7.1 Grant full planning permission, subject to conditions.

Conditions and Reasons

1. The development to which this permission relates must be begun not later than the expiration of three years beginning from the date of this decision notice.

Reason: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 and Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the

approved plans listed in this notice. Reason: For the avoidance of doubt and in the interests of proper planning.

3. The materials to be used for the external surfaces of the development hereby permitted shall match those of the existing building. All new works and works of making good to the retained fabric shall be finished to match the adjacent work with regards to the methods used and to material, colour, texture and profile, unless the prior written approval of the local planning authority is obtained to any variation, or except where otherwise stated on the approved drawings. Reason: To safeguard the visual amenities of the area. (Policies Q11 and Q22 of the Lambeth Local Plan (2015))

4. No part of the development hereby permitted shall be occupied until a detailed strategy for

the management of waste, deliveries and servicing has been submitted to and approved in writing by the local planning authority. The applicant shall detail a booking system to be operated for the servicing which will co-ordinate the arrival of deliveries to ensure that all associated vehicles can be accommodated with no need to wait on the adjoining highway and also set out a robust enforcement regime to ensure that no unauthorised use occurs. The strategy will also be expected to identify an area for deliveries and servicing to take place which would not compromise the flow or safety of pedestrians. Deliveries and servicing shall thereafter be carried out solely in accordance with the approved details. Reason: To avoid hazard and obstruction being caused to users of the public highway (Policy T8 of the Lambeth Local Plan (2015)

5. Notwithstanding the approved drawings, full details including cross sections at a

scale of 1:20 where appropriate of the large patio doors to the north, east and west elevations and a cross sectional drawing showing the method of opening shall be provided to the Local Planning Authority for written approval prior to the commencement of the development. The development shall thereafter be carried out solely in accordance with the approved details and maintained as such thereafter. Reason: To ensure that the external appearance of the building is satisfactory and that it protects or enhances the character and appearance of the Clapham conservation area. (Policies Q11 and Q22 of the Lambeth Local Plan (2015)).

6. Prior to the commencement of the use hereby permitted, details of waste and recycling storage for the development shall be submitted to and approved in writing by the local planning authority. The waste and recycling storage shall be provided in accordance with the approved details prior to the commencement of the use hereby permitted, and shall thereafter be retained solely for its designated use. The waste and recycling storage areas/facilities should comply with the Lambeth’s Refuse & Recycling Storage Design Guide (2013), unless it is demonstrated in the submissions that such provision is inappropriate for this specific development. Reason: To ensure suitable provision for the occupiers of the development, to encourage the sustainable management of waste and to safeguard the visual

amenities of the area. (Policies Q11, Q12 and Q22 of the Lambeth Local Plan (2015)).

7. The development shall be constructed and operated thereafter to ‘Secured by Design Standards’. A certificate of accreditation to Secured by Design Standards shall be submitted to the local planning authority for approval in writing prior to the occupation of the development. Reason: To ensure that satisfactory attention is given to security and community safety (Policy Q3 of the Lambeth Local Plan (2015)).

8. Notwithstanding the approved drawings; the hereby approved doors, balustrading

and any signage, ventilation extracts, flues, hard landscaping and rainwater pipes shall not be installed until detailed construction drawings, a schedule of materials, and samples (where relevant) have been submitted to and approved in writing by the Local Planning Authority. Where appropriate, details should be indicated in full elevational plans. The development shall thereafter be carried out solely in accordance with the approved details. Reason: To ensure that the external appearance of the building is satisfactory and that it protects or enhances the character and appearance of the Clapham conservation area. (Policies Q11 and Q22 of the Lambeth Local Plan (2015)).

9. Customers are not permitted on the A1 premises other than within the following times: 07:00 hours to 20:00 hours daily. Reason: To ensure that no nuisance or disturbance is caused to the detriment of the amenities of adjoining occupiers or of the area generally. (Policy Q2 of the Lambeth Local Plan (2015)).

10. All tables, chairs and parasols used to facilitate the outside operation shall be

removed from the outdoor seating area and stored inside at all times outside of the operational hours of the A1. Reason: To ensure that no nuisance or disturbance is caused to the detriment of the amenities of adjoining occupiers or of the area generally. (Policy Q2 of the Lambeth Local Plan (2015)).

11. Prior to the commencement of the development hereby permitted detailed drawings and specifications of the external furniture shall be submitted to and approved in writing by the Local Planning Authority. All associated fittings shall thereafter be carried out solely in accordance with the approved details and retained thereafter. Reason: To safeguard the visual amenities of the area. (Policies Q11 and Q22 of the Lambeth Local Plan (2015))

Informatives 1 Building to Approved Drawing

You are advised this permission is based on the dimensions provided on the approved drawings as numbered above. The development hereby approved must be constructed precisely in accordance with the approved drawings. Any deviation from these drawings requires the written consent of the Local Planning Authority. 2. Nuisance Nuisance from construction works is subject to control under The Control of Pollution Act 1974, the Clean Air Acts and other related legislation. In particular, you should ensure that the following are complied with:- A. Demolition and construction works which are audible at the site boundary shall only be carried out between the hours of 08.00 and 18.00 hours Monday to Friday and between the hours of 08.00 hours and 13.00 hours on Saturday. No works shall be carried out on Sundays, Bank or Public Holidays. B. All noise generated during such works shall be controlled in compliance with British Standard Code of Practice BS 5228:2009. C. Dust emissions shall be controlled in compliance with the Mayor of London's Best Practice Guidance' The Control of dust and emissions from construction and demolition. D. No bonfires that create dark smoke or nuisance to local residents. 3. Building Regs Your attention is drawn to the need to comply with the relevant provisions of the Building Regulations, the Building Acts and other related legislation. These cover such works as - the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of services, underpinning works, and fire safety/means of escape works. 4. Party Wall Act The Party Wall Act 1996 requires a building owner to notify, and obtain formal agreement from, any adjoining owner, where the building owner proposes to: - carry out work to an existing party wall; - build on the boundary with a neighbouring property; - in some circumstances, carry out groundworks within 6 metres of an adjoining building. Notification and agreements under this Act are the responsibility of the building owner and are quite separate from Building Regulations, or Planning Controls. The Building Control Service will assume that an applicant has obtained any necessary agreements with the adjoining owner, and nothing said or implied by the Council should be taken as removing the necessity for the building owner to comply fully with the Party Wall Act. Further information and advice is to be found in "the Party Walls etc. Act 1996 - explanatory booklet" published by the ODPM, available free of charge from the Planning, Environment and Community Services Reception, Civic Centre, Uxbridge, UB8 1UW. 5. Private Property Rights Your attention is drawn to the fact that the planning permission does not override property rights and any ancient rights of light that may exist. This permission does not empower you to enter onto land not in your ownership without the specific consent of the owner. If you require further information or advice, you should consult a solicitor. 6. Permitted Use You are advised that this consent is for A1 use only and that hot food provision should be limited to reheating. Preparation and cooking of hot food is not permitted under this use class and would require a change of use to A3. If you wish to discuss the limitations of Use

Class A1 further, please contact the case officer, Sinead Winship (0207 926 4211/swinship@lambeth.gov.uk) 7. Refuse Storage You are advised that the details submitted in relation to condition 6 are required to demonstrate suitable screening of bins in order to improve visual amenity. Background documents – Case file (this can be accessed via the planning Advice Desk, Telephone 020 7 926 1180). For advice on how to make further written submissions or to register to speak on this item, please contact Democratic Services, 020 796 2170 or email.