RAILWAY ARCH, 85 SCORESBY ST

RAILWAY ARCH, 85 SCORESBY ST Crown Copyright. All rights reserved. London Borough of Southwark. OS Licence LA08654196. 2003. This site plan supplied by the London Borough of Southwark is for Planning and Building Control purposes only. Scale 1/1250 Date 20/7/2007 Southwark Council

Item No. From 6.1 Classification OPEN Decision Level Borough and Bankside Community Council Title of Report Meeting Date 24 September 2007 Head of Development Control Proposal (07-AP-0103) DEVELOPMENT CONTROL Address Change of use from storage to restaurant, bar and takeaway (Class A3, A4, A5) together with the provision of an extract duct, alterations to the front of the arch to create a new entrance with stainless steel louvered section over the ducting. PURPOSE RAILWAY ARCH 85, SCORESBY STREET, LONDON, SE1 0XN Ward Cathedrals 1 To consider the above application which is for Community Council consideration due to the number of objections received. RECOMMENDATION 2 Grant planning permission subject to conditions. BACKGROUND Site location and description 3 The application site is situated at the western end of Scoresby Street and is one of several refurbished railway arch units, Nos. 80-85, located on the south side of Scoresby Street. Toilet facilities are locate in the rear corner of the premises, otherwise No. 85 is vacant. The premises is at street level throughout. The area is characterised by a mixture of commercial uses and residential, a mixed use area. The property is not situated within a conservation area nor adjacent or adjoining listed buildings. Details of proposal 4 5 It is proposed to change the use from storage (Class B8) to restaurant, bar and takeaway (Class A3, A4, A5) together with the provision of an extract duct, alterations to the front of the arch to create a new entrance with stainless steel louvered section over the ducting. Refuse will be separated and deposited in mobile bins. The proposed hours of use are between 0700 to 2300 on every day. There will be no external seating areas and no on site parking is to be provided. Planning history 6 See application references 05-AP-1994 and 94/777 below. Planning history of adjoining sites 7 Arches 81-85 Scoresby Street

05-AP-1994: In May 2006 planning permission was granted for alterations and additions to arches to create five units in B1 and B8 uses along with changes to fire escape route onto Gambia Street. 8 9 10 11 Arch 86 Scoresby Street 0001042: In October 2000 planning permission was granted for change of use of railway arch and rear 3 storey building from storage use to restaurant and wine bar. External alterations including new arch front to Scoresby Street and installation of ventilation ducting. No. 86 is located directly to the west of the application site and is boarded up and vacant, extant planning permission as described above. Arches 84 and 85 Scoresby Street 9500897: In November 1995 planning permission was refused for use of arches for the hand washing of cars and valeting service. Arches 83, 84 and 85 Scoresby Street 94/777: In January 1995 planning permission was refused for use of railway arches as a car park. FACTORS FOR CONSIDERATION Main Issues 12 The main issues in this case are: a] the principle of the development in terms of land use and conformity with strategic policies. b] the impact on amenity of neighbouring properties. c] the impact on the character and appearance of the area. d] the impact on highway and pedestrian safety issues. 13 Planning Policy On July 28 2007 the Council formally adopted the Southwark Plan. Southwark Plan (UDP) 2007 1.4 Employment Sites outside the Preferred Office Locations and Preferred Office Locations and Preferred Industrial Locations 1.5 Small Business Units 3.2 Protection of Amenity 3.3 Sustainability Assessment 3.4 Energy Efficiency 3.5 Renewable Energy 3.7 Waste Reduction 3.9 Water 3.11 Efficient Use of Land 3.12 Quality in Design 3.13 Urban Design 3.14 Designing out Crime 5.2 Transport Impacts 5.3 Walking and Cycling 5.6 Car parking

5.7 Parking Standards for disabled people and the mobility impaired London Plan 2004 3C.21 Improving conditions for cycling 3C.22 Parking strategy 4A.7 Energy efficiency and renewable energy 4B.1 Design principles for a compact city 4B.2 Promoting world-class architecture and design 4B.3 Maximising the potential of sites 4B.6 Sustainable design and construction Supplementary Planning Guidance [SPG] No. 1 Design and Layout of Developments - adopted 1995 No. 3 Crime and Security - adopted 1995 No. 4 Access and Facilities for People with Disabilities and People with Mobility Difficulties - adopted 1995 Consultations Site Notice 26 January 2007 Press Notice Not required Internal Consultees Noise and Air Quality Team (Environmental Health) Traffic Waste Management Statutory and non-statutory consultees None Neighbour consultees Railway Arch 80, 81 and 82, Railway Arch 84, Railway Arches 86-88 Scoresby Street, SE1 48-51, 50, 52, 68-71, 72, Part Ground Floor, Fifth Floor, Sixth Floor 197, 197, 202, Basement to Second Floors Great Surrey House 203-205, Third Floor Great Surrey House 203-205 Blackfriars Road, SE1 Railway Arch 94-95, 96, 97-99Joan Street, SE1 52a, 61a, 61b, Flats 1-156, Surgery Rowland Hill House, Nelson Square, SE1 1-17 Rotherham Walk, SE1 Lord Nelson, 243 Union Street, SE1 1-9 Ring Court, 1, First Floor Flat 1, Flat 1b 1, Flat 1c 1, Fourth Floor Flat 1, 3-11, The Cut, SE1 1-14 Brinton Walk, SE1 2-18 (evens) Nicholson Street, SE1 45, 45a, Ground Floor Flat 45 Dolben Street, SE1 Re-consultation 16 February 2006 - consulted additional properties (wider consultation area) as requested by a local Councillor. Consultation replies Internal Consultees

14 15 16 17 18 19 20 21 22 23 24 Noise and Air Quality Team (Environmental Health) No objection subject to an appropriate condition relating to the noise level from any plant and ducting. Traffic No objection subject to a condition that a delivery service should not operate in connection with the proposal as it is considered that the operation of take-away vehicles will have a negative impact on the safety and operation of the surrounding highway and network. Cycle provision should be considered as this group would welcome secure cycle storage for both staff and visitors. However, this would be subject to site constraints. Waste Management Initially commented that the refuse details supplied by the applicant are considered to be too vague. There was no assessment of the volume of waste expected to be produced, details of where this would be housed (location and container type), collected from or collection frequency. The appraisal suggests that the waste could be stored 100m away from the restaurant in Union Street - it was not clear whether the waste would be collected from here or from the restaurant. and it was also questioned whether storage of waste 100m away is a realistic option. The applicant submitted additional information and the Waste Management Team commented that the refuse and recycling arrangements shown on the revised plans are considered acceptable. Statutory and non-statutory consultees One letter of objection has been received from Rochester Estate Tenants and Residents Association raising the following concerns: Land Use: If planning permission is granted it would set a precedent and the remaining storage units would soon follow suit thus destroying the residential character of this area. Change in character of the area: Although the southern side is railway arches, Scoresby Street is seen by residents as a residential street. Any development on Scoresby Street should therefore be treated as being in a residential area. Amenity: The noise created by the proposed restaurants and bar would affect the local resident's ability to use gardens in summer and disrupt sleeping patterns. Noise would be caused by customers leaving the premises, cars revving up, slamming doors and music systems and customers spilling out onto the pavement on warmer nights. Air conditioning units running all night will also be a major problem. Light from the restaurant's windows and signage would shine into the bedroom windows of the houses along Scoresby Street. Increase in litter. Traffic: Illegal parking on residents parking along Scoresby Street will increase and it is also likely that cabs collecting and dropping off customers would occupy residents parking spaces. A letter of objection has been received from Bankside Residents Forum raising the following concerns:

The creation of small local business and affordable retail that will benefit families living in the area is welcomed, but yet another restaurant / take-away does not meet the criteria particularly in a residential area and so close to people's homes. 25 26 Amenity: Additional noise and continuous smells from cooking. Additional noise will be created in the area from customers leaving and gathering outside particularly with the current trend to smoke outside licensed premises. No information about opening hours or plans to extend licensing hours in the report. This will impact on local residents as they could experience excessive noise and light at all hours of the day and night. Waste: There are problems locally with access and collection of refuse and in particular appropriate storage of refuse. It is noted that Waste Management have expressed concerns regarding this and that the applicant proposes to store refuse 100m away which is unacceptable in a residential area. Neighbour consultees 27 28 29 30 A letter of objection has been received from Cllr McCarthy who supports the objections raised by local residents. Twenty two letters of objection have been received from 1, 3, 5, 6, 8,11, 12, 13, 14, 16 and 17 Rotherham Walk, Rochester Estate, Nicholson Street; 3, 7, 8, 10, 12 Brinton Walk and 4 and 16 Nicholson Street, 85 Rowland Hill House and 45 Dolben Street raising the following concerns: Land Use: It is not clear what type of take away is proposed. There is an oversupply of restaurants in the area. Arch 86, next to arch 85, has already got planning permission for a restaurant / wine bar. If this opens, then there will be four such businesses in one small residential street. It appears that the applicant for planning permission for arch 85, Mr Curzon, also leases arch 86. It is not clear whether he propose to operate two separate businesses or to amalgamate them at a later date. If the former, then the objections raised will be exacerbated. If the latter it is believed this would create a significantly larger business with a consequently greater effect on the neighbourhood and current businesses than currently envisaged or considered by Council officers. Amenity: There are already two restaurants / bars, Blackfriars Wine Bar and Mar y Terra, which are noisy and disturb local residents. The proposal would increase noise especially in the late evening. Extra noise day and night with people falling out of the wine bar into the takeaway. Extractor fans are noisy. Food smells in from the takeaway. More rubbish at the back of the garden gate of No. 3 Rotherham Walk. It is not clear if people will be hanging outside on evenings - would cause noise and a nuisance. It is not clear what licence the bar will have - late licence would lead to people leaving the bar late creating noise and unsocial behaviour. It is not clear whether the extract duct would face Scoresby Street and if it does, whether it would be noisy and permeate smells from the kitchen. If the premises will be lit up it would create a problem for the houses on the opposite

side of the road. The distance from the proposed restaurant to the rear bedrooms of houses along the north side of Scoresby Street is approximately 30m - the commercialisation of Scoresby Street would have a severely detrimental effect on the quality of family life in these homes. 31 31 32 Traffic: Less parking space for residents. It is not clear where the restaurant managers/owners will park their vehicles. It is not clear whether there will be regular deliveries/loading/drop offs and where the associated vehicles will park. The other restaurants on the street already take up 2-3 spaces and local residents can't afford to loose more. Increase in traffic down Scoresby Street as customers park their vehicles in the area or in residential bays on the weekend. Deliveries/loading and unloading will increase the traffic on Scoresby Street. While welcoming the proposed condition that there should be no delivery service, the problems of parking, dropping off and collection have not been fully addressed. It is questioned whether the effect of the hotel opening, with the increase in traffic, has been taken into account. Refuse Litter is already deposited in the street, on the roofs of garden sheds and thrown into gardens on Scoresby Street21 Other: Blackfriars Wine Bar have had to lose a huge part of their trade due to the area being developed and another new bar and restaurant would not help existing businesses. In particular the change of use to a take away would increase the amount of litter in the street and nearby Gambia Street garden. PLANNING CONSIDERATIONS Principle of development 33 34 Policy 1.4 Employment Sites outside the Preferred Office Locations and Preferred Office Locations and Preferred Industrial Locations allows a change of use from storage (Class B) uses to retail, restaurant, bar etc (Class A) uses on ground floors within Town Centres. The application site is within a Town Centre and therefore the proposal complies with this policy and will provide an active frontage. Policy 1.5 'Small Business Units' of the emerging Southwark Plan March 2007 allows change of use of railway arches to uses within the A Use class. There is no objection in principle to the change of use from storage (Use Class B8) to a restaurant, bar etc provided that it has no impact on the amenities goof neighbouring occupiers or on car parking, traffic congestion and road safety. Environmental impact assessment 35 Not required for a scheme of this scale. Impact of proposed development on amenity of adjoining occupiers and surrounding area 36 The rear gardens of residential units on the opposite side of Scoresby Street, to the north, along Rotherham Walk, back onto Scoresby Street. There is 18 metres between the application site and the back of the houses. Residents have raised

concerns about the numbers of restaurant and similar uses in the area. However, the area is a town centre and located within the Central Activity Zone and it is not considered that there is an over saturation of such uses in the area. 37 38 It is considered that the proposed development would not have a detrimental impact on amenity of future and existing neighbouring properties subject to the restriction of opening hours. It is recommended that a condition be imposed restricting the opening hours of the proposed A3, A4 and A5 uses between 07.00 and 23.00 on any day. No objection has been raised to the proposed ducting subject to an appropriate condition relating to the noise level from any plant and ducting. The Environmental Health Section (Noise and Air Quality Team) have confirmed that subject to the imposition of conditions they have no objections to the proposal. Impact of adjoining and nearby uses on occupiers and users of proposed development 39 The existing storage units, offices, restaurants and residential uses would not have a detrimental impact on the proposed use. The existing adjoining and nearby uses would provide a market for the proposed A Class uses. Traffic issues 40 41 42 Due to site restrictions there are no parking facilities on site, and there is on-street parking in all the surrounding roads, including Gambia Street, Scoresby Street and The Cut. Therefore patrons would have to either come on foot or use public transport. The application site is located close to Southwark Station and Waterloo Station. It is considered that the operation of a delivery service using motorised vehicles, including scooters or motorbikes, will have a negative impact on the safety and operation of the surrounding highway and network as there would be a need to provide parking for them which is not possible. Therefore, it is recommended that permission be granted subject to a condition that a motorised delivery service should not operate in connection with the proposal. Cycle provision is restricted due to site constraints. Therefore, it is considered acceptable that staff and clients would make use of existing cycle parking in the area. Design issues 43 The external alterations provide a simple and functional facade to the opening of the arches which is considered appropriate in this case as it responds positively to the industrial character of the arches and railway. The appearance of the proposed large glazed openings to the arches enhances the character of the arches and the area in general. Impact on character and setting of a listed building and/or conservation area 44 The application site lies outside a conservation area and is not listed. Planning obligations [S.106 undertaking or agreement] 45 None required for a scheme of this scale. Other matters Refuse

46 47 48 49 It is proposed to separate refuse into recycling etc. and deposited into three 1,100L Euro bins located in the service void at the rear of the restaurant premises, behind the kitchen area. It is envisaged that these would then be emptied by a private contractor on a daily basis. Energy / Sustainability In line with Policy 3.4 of the Southwark Plan development should maximise energy efficiency through design. This can be achieved by making the development as energy efficient as possible through passive design before any mechanical systems are considered. This includes maximising use of sunlight, thermal mass and using the site s microclimate to provide natural lighting, heating and cooling of buildings. This will reduce the need for mechanical ventilation, heating and cooling. The energy used to convert a development also needs to be considered. Materials with low embodied energy should be used, and they should be sourced from as close to the development site as possible. Buildings should be fitted with energy efficient lighting, appliances and mechanical systems. The applicant submitted a copy of the heating and ventilation design (dated December 2006). The Council accepts that the applicant is limited to the type of installation that can be accommodated within the arch as there is not a rear access to the premises as it backs to the rear of the building attached to arch 86. This necessitates the provision of all air supplies and the extraction through the front of arch 85. It is proposed that heating will be by means of electric heater batteries as the site does not have the facility to install a gas fired boiler with a flue extraction. An informative is proposed drawing the applicant's attention to the need to comply with the requirements of the Building Regulations. Conclusion 50 The principle of change of use to A3, A4 and A5 Use classes is acceptable and it is considered that, subject to a condition restricting a motorised delivery service, this is an appropriate use in this location within the arches. It is considered that the proposed development would not have a detrimental impact on amenity of existing neighbouring properties and would be of a high quality design. COMMUNITY IMPACT STATEMENT 51 In line with the Council's Community Impact Statement the impact of this application has been assessed as part of the application process with regard to local people in respect of their age, disability, faith/religion, gender, race and ethnicity and sexual orientation. Consultation with the community has been undertaken as part of the application process. a] The impact on local people is set out above. b] The following issues relevant to particular communities/groups likely to be affected by the proposal have been identified as impact on amenity and traffic issues. c] The likely adverse or less good implications for any particular communities/groups have been also been discussed above. Specific actions to ameliorate these implications are a condition prohibiting delivery service of the A5 Use Class and restriction of opening hours. SUSTAINABLE DEVELOPMENT IMPLICATIONS 52 See paragraph 54 to 56.

LEAD OFFICER Gary Rice Head of Development Control REPORT AUTHOR Andre Verster Team Leader Development Control [tel. 020 7525 5457] CASE FILE Papers held at: TP/RLY/11/BK1 Regeneration Department, Council Offices, Chiltern, Portland Street SE17 2ES [tel. 020 7525 5403]

RECOMMENDATION This document shows the case officer's recommended decision for the application referred to below. This document is not a decision notice for this application. Applicant Mr S.J. Curzon S.J. Curzon & Associates Ltd Application Type Full Planning Permission Recommendation Grant Draft of Decision Notice Reg. Number 07-AP-0103 Case Number TP/RLY/11/BK1 Planning Permission was GRANTED for the following development: Change of use from storage to restaurant, bar and takeaway (Class A3, A4, A5) together with the provision of an extract duct, alterations to the front of the arch to create a new entrance with stainless steel louvered section over the ducting. At: RAILWAY ARCH 85, SCORESBY STREET, LONDON, SE1 0XN In accordance with application received on 12/01/2007 and Applicant's Drawing Nos. Site Plan, PN/113/A, PN/113B, PN/113/C, MW.001 and Design and Access Statement received 7 August 2007. Subject to the following conditions: 1 The development hereby permitted shall be begun before the end of three years from the date of this permission. Reason As required by Section 91 of the Town and Country Planning Act 1990 as amended 2 Notwithstanding the provisions of Use Class A5 of the Town and Country Planning (Use Classes) Order and any associated provisions of the Town and Country Planning General Permitted Development Order (including any future amendment of enactment of those Orders) the use hereby permitted shall not include any motorised delivery service, including scooters and motorbikes. Reason: The operation of a motorised delivery service will have a negative impact on the safety and operation of the surrounding highway and network due to the need to park the vehicles and would be contrary to Policies 3.2 Protection of Amenity and 5.2 Transport Impacts of the Southwark Plan July 2007. 3 The refuse storage arrangements shown on the approved drawings shall be provided and available for use by the occupiers of the premises before the use of the premises is commenced and the facilities provided shall thereafter be retained and shall not be used or the space used for any other purpose without the prior written consent of the Council as local planning authority. Reason In order that the Council may be satisfied that the refuse will be appropriately stored within the site thereby protecting the amenity of the site and the area in general from litter, odour and potential vermin/pest nuisance in accordance with Policy 3.2: Protection of the Southwark Plan July 2007. 4 The use hereby permitted for A3 (restaurant), A4 (drinking establishment) and A5 (hot food take away) purposes shall not be carried on outside of the hours 0700 to 2300 on any day. Reason: In the interest of protecting the amenity of surrounding properties from noise and disturbance in accordance with Policy 3.2: Protection of Amenity of the Southwark Plan July 2007. 5 The noise level from any plant (e.g. refrigeration, air conditioning), together with any associated ducting, shall be 10(A) db or more below the lowest measured external ambient L Aeq, T* at the site boundary. The equipment shall be installed and constructed in accordance with any approved scheme and be permanently maintained thereafter.a test shall be carried out prior to the discharge of this condition to show above criterion shall be met and the results submitted to the Local Planning Authority for approval.

Reason To ensure that users of the surrounding area not suffer a loss of amenity by reason of noise nuisance and other excess noise from plant or other machinery within the commercial premises in accordance with Policy 3.1 Environmental Effects of the Southwark Plan July 2007. *L Aeq, T. T = 1 hr between 07:00 and 23:00 and 5min between 23:00 and 07:00. Reasons for granting planning permission. This planning application was considered with regard to various policies including, but not exclusively: a] Policies 1.5 Small Business Units, 3.2 Protection of Amenity, 3.3 Sustainability Assessment 3.4 Energy Efficiency, 3.5 Renewable Energy, 3.7 Waste Reduction, 3.9 Water, 3.11 Efficient Use of Land, 3.12 Quality in Design, 3.13 Urban Design, 3.14 Designing out Crime, 5.2 Transport Impacts, 5.3 Walking and Cycling, 5.6 Car parking, 5.7 Parking Standards for disabled people and the mobility impaired of the Southwark Plan [July 2007]. Planning permission was granted as there are no, or insufficient, grounds to withhold consent on the basis of the policies considered and other material planning considerations. Informative The applicant's attention is drawn to the need to ensure that the development is designed to be as energy efficient as possible and complies with Part L of the Building Regulations. Advice on this can be obtained from the Council's Building Control service on 020 7525 5571.