(Clapham Common Ward) PDF 404 KB - Lambeth Council

Location
Ward
6 Cavendish Parade Clapham Common South Side London SW4 9DW
Clapham Common
Proposal
Change of use of the premises to a mixed use comprising cafe (Class A3) with retention of
existing internet cafe use (Class A1) and associated alterations to the forecourt including
installation of new decking, fencing and a retractable awning on the shopfront. Use of forecourt
as ancillary sitting out area
Application Type
Application No
Applicant
Full Planning Permission
06/00117/FUL/DC_AB/26306
The Glow Lounge
6 Cavendish Parade
Clapham Common South Side
London SW4 9DW
Date Valid 3 March 2006
Considerations
Conservation Area CA1: Clapham Conservation Area
Within 100m of Trunk Road within 100m of Trunk Road
Tunnel Safeguarding line Tunnel Safeguarding Line
5 Approved Plans
001, 002, 003, 004, 005, 006, 007
Recommendation Refuse Permission

Officer Report
06/00117/FUL
1.0 KEY ISSUES
1.1 The main issues arising from this proposal relate to:
2.0 SITE
Impact of the proposed café on the amenity of surrounding residential properties
Proportion of Use Classes A3 and A4 to other uses in the area
Impact on the retail vitality and viability of the parade
Impact of proposed works and use of forecourt on the character and appearance
of the Conservation Area
Whether enforcement action should be taken against the unauthorised change of
use
2.1 The subject site is located on the eastern side of Cavendish Parade, which fronts onto
Clapham Common South Side, within the Clapham Common Conservation Area. The
site contains a 3-storey mid-terrace building used as an internet café (Class A1 and café
(Class A3) at ground floor, known as the ‘Glow Lounge’. The upper floors are in
residential use.
2.2 The authorised use of the property is an internet café (Class A1, formerly Sui Generis).
The current application seeks to regularise the existing use. It appears that the use
evolved from a predominantly internet café use, to a predominantly restaurant/café use
around January 2006, following the grant of a Premises Licence under the Licensing Act
2003 by the Licensing Sub-Committee.
2.3 There are 8 buildings within the parade, located between Cavendish Road to the north,
and Englewood Road to the south. All properties within the parade have a commercial
use at ground floor level.
2.4 The parade is identified as a Local Centre in the Adopted UDP. The Local Centre
comprises the parade, and 3 units to the south of the parade, across Englewood Road.
2.5 The ground floor units within the Local Centre are occupied as follows:
Address Class Authorised Land use
1 Cavendish Parade A2 Estate agent
2 Cavendish Parade A1 Vacant – previously off-licence
3 Cavendish Parade A3 Indian restaurant
4 Cavendish Parade A3 Italian restaurant
5 Cavendish Parade A1 Convenience shop
6 Cavendish Parade A1 Internet café (however also used
as unauthorised café)
7 Cavendish Parade A4 Bar

8 Cavendish Parade A4 Bar
9 Cavendish Parade A2 Real estate agency
10 Cavendish Parade A1 Dry cleaners
11 Cavendish Parade A1 Hairdresser
3.0 PROPOSAL
3.1 It is proposed to change the use of the premises to a café (Class A3) with retention of
existing internet cafe use (Class A1) and associated alterations to the forecourt including
installation of new timber decking and fencing to use as an ancillary seating out area.
3.2 The decking would be 23mm in height to match the neighbouring forecourt at No.7-8
Cavendish Parade. The fencing would be constructed around the north (side) and west
(front) property boundaries, to a height of 81cm to match the height of the fencing
around the neighbouring property. A retractable awning would also be constructed to
provide protection to the forecourt sitting area. A land title search confirms that the
forecourt is in the ownership of the applicant.
3.3 It is proposed to extend the opening hours as follows:
Existing:
Proposed:
Mon-Fri: 08:00 to 22:00 08:00 to 01:00
Sat-Sun: 10:00 to 22:00 09:00 to 01:00
4.0 RELEVANT HISTORY
4.1 The site has been the subject of a number of past planning applications, those which are
considered most relevant to the current scheme are summarised as follows:
In January 1972, planning permission was granted for the installation of a new
shopfront.
In September 1989, planning permission was granted for a change of use from
retail (Use Class A1) to use as a winebar (Use Class A3). At that time two
premises within the parade were vacant, while two were within Use Class A3.
The consent was implemented and the use remained as such until 1995.
In August 1991, a planning application was made for the erection of a covered
staircase at the rear to provide access to the basement kitchen in connection
with the ground floor wine bar use and erection of a flue at the rear of the back
addition. The application was subsequently withdrawn.
In August 2001, a planning application was made for a change of use from shop
(Use Class A1) to a café/bar (Use Class A3) involving a new shopfront. This
application was also subsequently withdrawn.

In October 2003, planning permission was granted for a change of use from retail
(Use Class A1) to Internet Café (Sui Generis, now classified as Class A1 (Shops)
under the Use Classes Order). The consent was implemented, and remains a
part of the existing operation, although a number of unauthorised uses have
occurred since its implementation – namely restaurant/café use (Use Class A3)
In August 2004, planning permission was granted for the installation of an
internally illuminated shopfront facia sign. This consent was implemented.
4.2 The history of the adjoining property at No.7-8 Cavendish Parade, and that of a number
of other premises within the parade is also considered relevant to this application. The
most relevant to the current scheme is summarised below, listed in order of decision
date.
4.3 Nos. 7 & 8 Cavendish Parade
It appears that the historic use of 7 Cavendish Parade is an A3 use. In 1968 the
property was used as a burger bar.
Prior to 1995, 8 Cavendish Parade was in A1 retail use. On 3 January 1995 planning
permission was granted for a change of use of the ground floor and basement of 8
Cavendish Parade to Use Class A3, with 6 Cavendish Parade reverting to retail use
(Use Class A1). At that time, Nos.6 and 8 Cavendish Parade were in the same
ownership. The permission was subject to a condition which stated:
“The use of No.8 Cavendish Parade as a restaurant herein approved shall not
commence until the premises at No.6 Cavendish Parade has reverted to retail use.”
As part of this decision, No.8 Cavendish Parade was also subject to a legal agreement
(under Section 106 of the Town and Country Planning Act) stating that:
The owner hereby covenants with the council that the use of No.8 Cavendish Parade as
a restaurant shall not commence until the premises at No.6 Cavendish Parade ceases to
operate as a restaurant and reverts to retail use within Class A1 of the Town and
Country Planning (Use Classes) Order 1987.”
The Agreement required No 6 to revert to A1 use before No 8 could be used as a
restaurant. There was no requirement for No 6 to remain in A1 use for a specific period.
This was complied with. It is the view of the Council’s Planning lawyer that the Section
106 is valid and has been complied with.
In 1995, Nos.7 & 8 commenced operating as a bar known as “Oblivion”. At that time,
No.6 Cavendish Parade had ceased operating as an A3 use and was vacant. No 6 was
recorded as an A1 use when planning permission for change to internet café was
granted in October 2003.
The legal curtilage of Nos. 7 & 8 includes the forecourt area, and thus its use for
customer seating is lawful. The premises have recently been refurbished, and are now
operating as a bar known as “Gigalam”.

4.4 No.9 Cavendish Parade
Planning permission was granted on 9 April 1997 for the change of use from offices (A2)
to a café/restaurant (A3). This permission has lapsed and, was not implemented.
4.4 No.4 Cavendish Parade
Planning permission was granted in April 1998 for the change of use of the ground floor
to a restaurant. This permission has been implemented, and the premises are currently
operating as an Italian restaurant.
4.5 No.5 Cavendish Parade
Planning permission was refused for a change of use at No.5 Cavendish Parade from
A1 to A3 on 14 June 2001. The proposal was refused as it was considered that it would
result in an unacceptable level of non-retail uses within the parade and harm the range
of shopping facilities and; the provision of an outdoor eating/drinking area with the
associated late evening noise from people leaving the premises would harm the amenity
of neighbouring residents.
This decision was appealed, and the Planning Inspectorate subsequently dismissed the
appeal on 19 November 2001. The Inspector, however, came to the following
conclusions:
“Cavendish Parade appears to have become a poor retail location. Of the eleven
units between Cavendish Parade and the now run-down and disused South
London Women’s Hospital, there is only one shop still trading (the appeal
premises – 5 Cavendish Parade). There are two specialist shops in the form of a
hairdresser and dry cleaners, with the others vacant or in A2 or A3 use. The
Halifax building Society on the corner of Cavendish Road closed down recently
(October 2001).
The parade is in my opinion, unlikely to attract much in the way of passing trade
given the fact that there are busy main roads on two sides, Clapham Common
opposite and a long frontage (the now defunct hospital) separating the parade
from other shops fronting Balham Hill. The opening of the Sainsbury store to the
south has further contributed to the demise of this parade as an attractive retail
location. I share the Appellant’s view that it is no longer a viable retail parade.
There is a good range of shopping facilities to serve the immediate locality within
the extended parade beyond the hospital and on the opposite side of Balham Hill
to the south of the underground station.
…To my mind however, the proposals to enclose part of the forecourt are likely
to bring about an unacceptable increase in the potential for noise disturbance to
nearby residents and have an adverse impact on the character and appearance
of this part of the Conservation Area.”
Planning permission was granted for a change of use from newsagents (A1) to
bar/restaurant (A3) including the excavation of the basement and installation of an
extract duct on 3 February 2003. The use of the forecourt was not proposed under this
revised application. This permission has lapsed, and the consent was not implemented.

4.6 No.2 Cavendish Parade
Planning permission was refused in June 2004 for the retrospective change of use from
shop (Class A1) to bar / restaurant (Class A3), together with associated alterations. The
application was refused on grounds of the detrimental impact the proposal would have
on the amenity of nearby residential properties either alone or cumulatively by way of
noise and general disturbance. The applicant lodged an appeal against this decision.
The Planning Inspectorate subsequently dismissed the appeal on 31 January 2005. The
Inspector concluded that:
a) The proposal, in conjunction with other Class A3 uses in Cavendish parade, would
result in material harm to the occupants of nearby flats and dwellings by reason of
noise disturbance.
b) The general noise and disturbance from customers outside the premises would
have some adverse effect on the character and appearance of the Conservation
Area.
5.0 CONSULTATION
5.1 Letters were sent to the following addresses:
1-11 Cavendish Parade;
2-8 (even) Cavendish Road;
1-6 Englewood Road
5.2 The following internal/external consultees, Groups/Amenity Soc.’s were notified, and the
following comments (summarised) received:
Regulatory Services – Noise/Pollution – no objection, subject to condition requiring use
of the forecourt to cease at 23:00hrs.
Transport/Highways – no objection.
Development Control Enforcement – no comment.
Conservation & Design – object due to the harm to the character of the conservation
area and the streetscene generally.
Streetcare – no observations received.
Clapham Society – objections regarding noise and overcrowding of pavement.
Clapham Park Partner In Action – no comments received.
Transport for London –
5.3 A site notice and press advert were displayed and published on 14.07.2006 following
amendments to the description of the proposed development.

Responses
5.4 Nine objections have been received from surrounding residents, and from the Clapham
Society, with regard to the application. One letter of support was received. The
applicant has also submitted a petition, with 375 signatures in support of the proposal.
No. Letters sent No. of
No. in
Objections support
63 9 1
No. of comments
Assessment
Material planning objections. Response - How met (meets policy -
pls state, condition - pls ID, or nonmaterial)
Noise disturbance to surrounding
residential properties, especially
caused by outdoor seating and
proposed opening hours until
01:00hrs. Parade is oversaturated
with bars
The Council concurs with these
comments and, the proposal is
recommended for refusal on amenity
grounds.
Many problems experienced
(noise opening, anti-social
behaviour, overcrowding of
pavement) with bar at No.7-8
Cavendish Parade, proposal could
follow this example.
Parking pressure and open-air
bars make passage difficult for
pedestrians, as customers spill
onto pavement. Enclosure of
pavement pushes pedestrians
towards busy and dangerous
road.
Increased litter, inadequate
provision for refuse storage.
Council refused a similar
application at No.2 Cavendish
Parade, and the appeal Inspector
upheld this decision.
The proposal is recommended for refusal
on amenity grounds.
There are no transport objections raised.
No parking is proposed, site has
exceptional Public Transport Accessibility
Level (PTAL6a)
The application is not for a takeaway. The
use could be subject to a waste storage
condition were it considered acceptable.
Officers agree with the objection.

Material planning objections. Response - How met (meets policy -
pls state, condition - pls ID, or nonmaterial)
Enclosure of forecourt adversely
impacts on the character and
appearance of the Conservation
Area
The boundary enclosure is considered
Permitted Development under the Town
and Country (General Permitted
Development) Order 1995
The Section 106 Agreement for
the use of No.7-8 Cavendish
Parade as a bar requires that No.6
Cavendish Parade revert to retail
use.
Loss of property value.
Competition with bar at No.7-8
Cavendish Parade.
The Section 106 Agreement required
change of use of No. 6 to A1, This was
done. The change from A1 to A3 is
unauthorised. Enforcement Action is now
recommended.
The loss of value to a property is not a
material planning consideration.
Competition between shop or bar owners
is not a material planning consideration
5.5 The comments in support of the application was that no other retail businesses in the
parade will survive
5.6 In addition, the applicant has submitted a list of 375 signatures in support of the
application. The signatures relate to addresses in the local area and the comments
generally express support for such additional uses in the local area, which are regarded
as an asset to the area.
5.7 The application is put forward to the Planning Applications Committee for decision at the
written request of Councillor Darren Sanders.
6.0 RELEVANT POLICIES
National Guidance
6.1 The following national guidance is considered particularly relevant to this application:
PPS6: Planning for Town Centres
PPG24: Planning and Noise
The London Plan
6.2 Policies relevant to the proposed development are:-
Adopted Unitary Development Plan (August 2007) policies:-
Policy 4 [Town Centres and Community Regeneration]
Policy 7 [Protection of Residential Amenity]
Policy 9 [Transport Impact]

Policy 19 [Active Frontage Uses]
Policy 29 [The Evening and Late Night Economy, Food and
Drink and Amusement Centre Uses]
Policy 36 [Extensions and Alterations]
Policy 39 [Streetscape, Landscape, Public Realm Design]
Policy 47 [Conservation Areas]
Policy 54 [Pollution, Public Health & Safety]
Policy 56 [Waste]
6.3 The current up to date statement of the Council's planning policies is contained in the
Lambeth Unitary Development Plan adopted on 6th August 2007. This is the statutory
plan for the Borough, and will be used to determine all planning applications in the
Borough.
6.4 The site has the following designation(s) under the Adopted Unitary
Development Plan (2006):-
Clapham Conservation Area
Local Centre
Adjoining Transport for London Road Network
7.0 PLANNING CONSIDERATIONS:
Land-use and Amenity Issues
7.1 The applicant seeks to obtain planning permission for the change of use of the ground
floor internet café use (A1) of the premises to a café use (A3), with retention of the
internet facilities, in order to regularise the current use of the premises. The main policy
considerations for such a proposal are outlined and assessed below.
7.2 Policy 4 (e) of the Adopted UDP (Town Centres and Community Regeneration) states
that development of leisure and/or food and drink premises is subject to maintaining
amenity in accordance with Policies 7 and 29 of the AUDP
7.3 Policy 29 of the Adopted UDP (The Evening and Late Night Economy, Food and Drink
and Amusement Centre Uses) states that food and drink uses will only be permitted
where the proposal would not cause unacceptable noise or harm to residential amenity,
in relation to the proximity to residential premises. This policy also states that overconcentration
of such uses would occur where 25% or more of original shop units are
now in A3 use. In this case of the 11 units (i.e. 36.4%) within the Local Centre are
currently occupied by authorised A3 uses.
7.4 Policy 7 of the Adopted UDP relates to the protection of residential amenity, and states
that the ability for people to enjoy their homes will be respected. This policy also states
that in mixed use areas, the scale, intensification, concentration and location of nonresidential
uses will be controlled in relation to residential uses to protect residential
amenity.
7.5 Section 2.24 of PPS6 (Planning for Town Centres) requires local planning authorities to
consider the scale of leisure developments they wish to encourage and their likely

impact, including the cumulative impact on the character and function of the centre, antisocial
behavior, crime and the amenities of nearby residents.
7.6 The Council’s Regulatory Services Noise/Pollution department was consulted on the
application. No objection was raised to the proposal in relation to noise, subject to the
inclusion of conditions limiting the hours of use of the forecourt. It was commented that
there has been no noise complaints registered against the premises.
7.7 Nevertheless it is noted that there is a heavy concentration of residential use in the
immediate vicinity of Cavendish Parade. Apart from the flats on the upper floors of
Cavendish Parade, there are dwellings nearby in Cavendish Road and Englewood
Road. Objectors have noted that the concentration of late night premises in the area
(particularly the premises at No.7-8 Cavendish Parade) has led to noise, littering, and
anti-social behaviour in the area.
7.8 Using the test for the appropriate proportion of uses within Local Centres contained in
Policy 29 of the Adopted UDP, there is already an over-concentration of such land uses
in the vicinity of the site. The Council should seek to reduce the percentage of A3 uses
to a maximum of 25% over time in accordance with the Policy guidance. The proportion
of authorised land uses in the Local Centre which sell food and drink (ie.A3 and A4 uses)
is currently 36.4%, which already gives rise to considerable night-time activity with
associated amenity impacts. Should the proposed change of use be allowed, this would
result in 5 of the 11 units being in A3 /A4 use, or 45.5% - significantly greater than the
maximum 25% specified under Policy 29. It would also result in more than 2 in 5
consecutive original units being used for A3/A4 purposes.
7.9 It is considered that the cumulative impact of A3/A4 uses in the area has had an adverse
impact on the amenity of surrounding properties. Whilst it is acknowledged that specific
effects of the proposal could be controlled through the imposition of conditions regarding
hours of opening, noise insulation, limits on audible sound outside the premises,
effective provision of refuse storage etc, in practice, it is considered that it would be very
difficult to control the activities outside the premises by those patronising the
establishment. It is reasonable to expect that a certain level of noise would harm the
peace and quiet of nearby residents, particularly when patrons leave the premises. This
would be the case whether or not the external forecourt is used for seating.
7.10 It should be noted that the subject premises has obtained a Premises Licence for supply
of alcohol, live music, recorded music, and provision of facilities for dancing until
01:00hrs all week under the Licensing Act 2003 (Premises Licence No.
05/04287/PRELI/886). Council’s Licensing and Noise Pollution Departments have
reported that there have been no complaints against the premises. This indicates that
the premises have been managed responsibly since the license was issued. However,
this is not considered reason enough to approve the proposal, given that the proposal
represents such a clear departure from current planning policy, which seeks to prevent
the concentration of late night uses that are likely to cause negative amenity impacts
and, seek to retain the diversity of the centre.

7.11 Officers are of the opinion that allowing such a heavy concentration of A3 uses in a small
area containing a high proportion of residential properties would cause unacceptable
loss of residential amenity. Further, the permission for A3 use would run with the land,
and there is no guarantee that the future management of the premises will be of a similar
standard. Having regard to current policy, it is evident that there is an over saturation of
late night uses within the Local Centre, and their associated impacts on the amenity of
nearby residential properties would be exacerbated by the current proposal.
Conservation and Design Issues
7.12 The site is located within the Clapham Conservation Area (CA1), and Policies 33, 39 and
47 of the Adopted UDP are most relevant to the consideration of the proposed external
works.
7.13 The application proposes alterations to the forecourt including installation of new timber
decking and planter fencing for use as ancillary sitting out area. The decking would be
23mm in height to match the neighbouring forecourt at No.7-8 Cavendish Parade. The
planter fencing would be constructed around the north (side) and west (front) property
boundaries, to a height of 81cm to match the height of the fencing around the
neighbouring property. A retractable awning would also be constructed to provide
protection to the forecourt sitting area from the elements.
7.14 The application is part retrospective, as the retractable awning has been constructed. In
addition, planters have been erected around the forecourt, although these works are not
strictly in accordance with the proposed plans.
7.15 Council’s Conservation and Design Officer has assessed the proposal. It is considered
that the principle of providing an enclosed forecourt would be difficult to resist, given that
a number of properties within the parade have some form of fencing surrounding their
forecourt. However officers did object, to the type of planters used, which are considered
atypical of the area, and harmful to the character and appearance of the Conservation
Area and streetscene generally. Notwithstanding these objections it should be noted
that as the enclosure is less than 1m in height, the works constitute permitted
development under Part 2 of the General Permitted Development Order 1995, and as
such do not require express consent
Transportation Issues
7.16 The Council’s Highways Officer had no objection to the proposal given that no car
parking/access is provided on site, and the site fronts onto Clapham Common South
Side which is part of the Transport for London Road Network. The site has an
exceptional Public Transport Accessibility Level (PTAL 6a), and therefore the proposal is
unlikely to result in any traffic/parking difficulties.
7.17 The Transport for London (TfL) was also consulted and has responded that it has no
observations to make on the proposal.

Other
7.18 The application was referred to the Council’s Streetcare Department, however no
comments were received. Currently refuse collection occurs at the rear of the property,
and these arrangements are proposed to be retained. This is considered acceptable,
however details would have been required via condition had the proposed change of use
been deemed appropriate.
8.0 CONCLUSION:
8.1 It has been demonstrated that the Local Centre currently has an over-concentration of
A3 and A4 uses, as defined under Policy 29 of the Adopted UDP, with 36.4% of ground
floor units in this parade being occupied by A3/A4 uses. The proposed change of use
would result in over 45% of units within the Centre being in A3/A4 use contrary to Policy
29 of the UDP.
8.2 Is acknowledged that Council could seek to control the premises by limiting the hours of
operation and ensuring that proper sound insulation techniques are implemented to
minimise any adverse amenity impact on neighbouring residential properties and the
area in general. However, due to the high proportion of A3/A4 uses in the area, and their
cumulative impact on the amenity of the area, it would not be possible to ensure that the
proposal would not result in further noise or harm to amenity or risk of public disorder. It
is considered that the proposal, cumulatively with other late night uses in the Centre,
would be likely to give rise to unacceptable levels of noise and disturbance for existing
residents in close proximity to the site contrary to Policy 7 of the UDP.
8.3 Although there are no complaints against the owner of the premises to date, it is not
considered that this is sufficient justification to make a fundamental departure from
current planning policy. Furthermore, approval of the scheme and allowing a variation to
Council policy in this instance could give rise to further applications of this kind in the
parade, and the area generally.
8.4 The recommendation to refuse the application is consistent with Inspector’s decision in
relation to neighbouring properties, where similar proposals were refused at appeal on
grounds of loss of residential amenity.
9.0 RECOMMENDATION A:
9.1 It is therefore recommended that permission be REFUSED.
REASONS FOR REFUSAL
1. The proposed change of use, cumulatively with other Class A3 use in the vicinity, would
be detrimental to the amenities of nearby residential properties by reason of noise and
general disturbance. As such, the proposal is contrary to Policies 7 and 29 of the
Adopted Unitary Development Plan (August 2007).
10.0 RECOMMENDATION B:
10.1 To take formal ENFORCEMENT ACTION against unauthorised material change of use.

10.2 THE BREACH OF PLANNING CONTROL
Without planning permission the material change of use of the property from an internet
café use (Use Class A1) to a café use (Use Class A3).
10.3 RECOMMENDATION
It is recommended that the Council serve an Enforcement Notice under Section 172 of
the Town and Country Planning Act 1990 (as amended) requiring within 3 months from
the date the Notice takes effect the;
1. Discontinuance of the unauthorised use of the property as a café (Use Class A3)
2. Removal of all items from the property which facilitate the unauthorised use of the
property as a café (Use Class A3).
3. The institution of any necessary legal proceedings in the event of non-compliance
with the Notice.
REASONS WHY IT IS CONSIDERED EXPEDIENT TO RECOMMEND ENFORCEMENT
ACTION
1. The use of part of the premises at ground floor for a cafe use in addition to other Class
A3 and Class A4 uses in the vicinity would be detrimental to the amenities of nearby
residential properties by reason of noise and general disturbance. As such, the proposal
is contrary to Policies 7 and 29 of the Adopted Unitary Development Plan (August 2007).
INFORMATIVE
1. You should be advised that in deciding this application, the taking of enforcement action
has been recommended under Section 172 of the Town and Country Planning Act 1990.
You are advised to contact the Planning Enforcement Team on 0207 926 1185 as a
matter of urgency.