(Coldharbour Ward) (10/02057/FUL) PDF 308 KB - Lambeth Council

Site address
Ward
Proposal
Application type
Application ref(s)
435-437 Coldharbour Lane, London SW9 8LN
Coldharbour
Change of use of the existing ground floor shop (Use
Class A1) to provide a mixed use of Restaurant/Cafe and
Drinking Establishment (Use Classes A3 and A4) involving
excavation to create a basement level/cellar with an
access hatch on the shop forecourt and the installation of
an external extract flue on rear elevation (AMENDED
DESCRIPTION AND PLANS - EXTRACT DUCTING,
REFUSE STORAGE AND CYCLE PARKING)
Full Planning Permission
10/02057/FUL
Validation date 09.07.2010
Case officer details
Applicant
Name: Mr David Moon
Tel: 020 7926 1194
Email: dmoon@lambeth.gov.uk
Anthony Thomas
Agent
Considerations/constraints
Approved plans
Recommendation(s)
Brixton Conservation Area
East London Rail Extension
Brixton Area of Small Shops & Markets
Major Town Centre - Edge
Design and Access Statement, LP-01, Existing Ground
Floor Plan 100-SV-01, Existing Cross Section 110-SV-01,
Existing Front Elevation 120-SV-01, Existing Rear
Elevation 120-SV-01, Proposed Ground Floor Plan 200-
SK-01, Proposed Basement Plan 200-SK-02, Proposed
Cross Section 210-SK-01, Proposed Front Elevation 220-
SK-01, Proposed Rear Elevation 220-SK-02, Proposed
Cellar Hatch 300-D-01, Kitchen Extraction Specification.
Grant planning permission subject to conditions.

Report Review
Department(s) or Organisation(s) Date
consulted
Date
response
received
Comments
summarised
in para
Governance & Democracy (legal) 23/8/12 29/8/12 6.1 and 6.3

Consultation
Department(s) or Organisation(s)
Consulted?
(y/n)
Date
response
received
Internal
Highways & Transport Y 03/08/2010 Y
Noise & Pollution Y 26/07/2012 Y
Food Safety Y 23/08/2012 Y
Planning Policy Y 22/07/2010 Y
Streetcare Y No Response
Policy, Equalities & Performance N
Conservation and Design Y 27/09/2011 Y
LBL Crime Prevention Unit Y 11/08/2011 Y
External
Brixton Society Y No Response
Herne Hill Society Y No Response
Transport for London
N
GOL
N
GLA
N
Households Y Y
Comments
summarised
in report?
(y/n)
Background documents
Case File (this can be accessed via the Planning Advice Desk, Telephone 020 7926 1180).
For advice on how to make further written submissions or to register to speak on this item,
please contact Governance & Democracy by emailing democracy@lambeth.gov.uk or
telephoning 020 7926 2170. Information is also available on the Lambeth website
www.lambeth.gov.uk/democracy

1 Summary of Main Issues
1.1 The main issues involved in this application are:
• The principle of the proposed change of use from retail shop (Use Class
A1) to restaurant /bar (Use Class A3/A4).
• The impact of the proposal on the streetscene and on the character and
appearance of Brixton Conservation Area.
• The impact of the development on the amenity of neighbouring
residential occupiers.
• Implications of the proposal for community safety in the local area.
• The transport implications of the proposal.
2 Site Description
2.1 The application site is located on the southern side of Coldharbour Lane
approximately 100m to the east of its junction with Brixton Road. The site is
rectangular in shape and is approximately 23m deep with a frontage onto
Coldharbour Lane of 10.5m. The site contains a vacant double fronted ground
floor shop unit in a mid-terraced part single, part 3 storey building. The two
upper floors are in residential use with independent access from street level.
2.2 The ground floor, which occupies the entirety of the site with a single storey
extension to the rear was used as a bicycle retail shop known as ‘Brixton
Cycles’ until 2001. It was subsequently occupied by a fashion retailer who has
since ceased trading. The lawful use of the ground floor remains for retail (Use
Class A1) purposes.
2.3 The rear of the site adjoins a neglected open area, known as ‘Soner Square’
beyond which is the rear of 4 storey residential blocks, which front onto
Rushcroft Road to the south. The application site forms part of a parade of 26
commercial units including retails shops, restaurants and cafes, offices, drinking
establishments and hot food takeaway, situated between the Ritzy bar/Cinema
to the north and the Dogstar Public House to the south.
2.4 Within the Lambeth Unitary Development Plan Proposals Map, the parade of
shops is designated within the Brixton Major Town Centre area. The site is also
within the designated Brixton Conservation Area. The site fronts onto
Coldharbour Lane, which is classified as a London Distributor Road, with on
street waiting controlled by double yellow lines.
3 Planning History
3.1 On 4th April, 1991 planning permission was granted for ‘Change of Use of the
first and second floors to office use’ (Ref DC/90/1401/MAD/17352).
3.2 On 5th January, 1993 planning permission was granted for the ‘Installation of a
parade of new shopfronts along with alterations to the upper facades at 425-441
(odd) Coldharbour Lane (Ref DC/92/2302 SW/18212).

3.3 On 4th August, 2000 planning permission was granted for the ‘Change of use of
first and second floors from ancillary retail to four self-contained flats and
alterations to front and rear elevations to facilitate the conversion’ (ref
99/00043/FUL).
3.4 On 13th February, 2004 planning permission was refused for the ‘Change of
use from shop (A1) to a bar/internet cafe (A3) on the ground floor, ancillary
store, office and customer toilets on the first floor and ancillary office space on
the second floor and installation of two air conditioning units on the roof of the
three storey building’ (Ref 01/01391/FUL). The reason for refusal states the
following:
The proposed change of use, on an individual basis and cumulatively with other
Class A3 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 S14 and ENV19 of the adopted Unitary
Development Plan (1998) and Policies 7, 29 and 53 of the Deposit Replacement
Unitary Development Plan (2002-2017).
3.5 On 7th September, 2004 planning permission refused for the ‘Conversion,
change of use and extension of property above the existing ground floor shop to
provide 9 self-contained flats, including the extension to rear at first and second
floor levels with the erection of an additional storey above, replacement of
existing shopfront and other fenestration on front elevation, together with
associated alterations’ (Ref 04/02232/FUL). Permission was refused for the
following reasons:
(i) The proposed extension, by reason of its siting, height, massing and
fenestration detail, would constitute an intensive development of the site. It
would appear an intrusive and prominent feature that would be out of keeping
with the existing building and the townscape character of the area. It would also
fail to preserve or enhance the character of the Conservation Area. As such,
the proposal is contrary to Policies CD2, CD18 and H10 of the adopted Unitary
Development Plan, Policies 33 and 42 of the Revised Deposit Unitary
Development Plan and Council's Supplementary Planning Guidance on
Residential Extensions and Alterations.
(ii) The proposed development, by reason of its siting, fenestration, rear
balconies and its proximity to the rear boundary would adversely affect the
residential amenities of neighbouring properties at the rear of the site and would
result in overlooking and loss of privacy. As such, the proposal is contrary to
Policies CD18, G17, H10 and Standard ST5 of the adopted Lambeth Unitary
Development Plan (1998) and to Policy 33 of the Revised Deposit Unitary
Development Plan (2002-2017).
3.6 On 20 th April 2005 planning permission was refused for ‘Conversion and change
of use and extension of property above the existing ground floor shop to provide
8 self contained flats, including the extension to rear at first and second floor
levels with the erection of an additional storey above, replacement of existing
shopfront and other fenestration on front elevation, together with associated
alterations’ (Ref 05/00578/FUL). Permission was refused for the following

easons:
(i) The proposed extension, by reason of its siting, size, height, massing and
design, would constitute an intensive development of the site. The third floor
extension, by virtue of its design, size, height and fenestration detail, would be
obtrusive and prominent in the street scene and would be out of keeping with
the existing building. As such the development would fail to preserve or
enhance the character of the Conservation Area. The proposal is therefore
contrary to Policies CD2, CD18 and H10 of the adopted Unitary Development
Plan, Policies 33 and 42 of the Revised Deposit Unitary Development Plan and
Council's Supplementary Planning Guidance on Residential Extensions and
Alterations.
(ii) The proposed development, by reason of its siting, fenestration and its
proximity to the rear boundary would adversely affect the residential amenities
of neighbouring properties at the rear of the site and would result in overlooking
and loss of privacy. As such, the proposal is contrary to Policies CD18, G17,
H10 and Standard ST5 of the adopted Lambeth Unitary Development Plan
(1998) and to Policy 33 of the Revised Deposit Unitary Development Plan
(2002-2017).
3.7 On the 25 th August 2005 an appeal (Ref APP/N5660/A/05/1180594) against the
refusal of planning permission for the extension and provision of 8 flats (Ref
05/00578/FUL) was allowed. The scheme of conversion has been
implemented.
4 Proposal
4.1 Planning permission is sought for the change of use of the existing ground floor
shop (Class A1) to provide a mixed use of Restaurant / Café (Class A3) and
Drinking Establishment (Class A4) involving excavation to provide a new
basement level to be used for ancillary storage purposes.
4.2 External alterations are proposed as part of the proposal. These entail:
• Installation of an access hatch on the shop forecourt to provide access to
the proposed basement level.
• Installation of an external extract flue on the eastern side of the rear
elevation of the property. The flue would be 7.8m in height and extend
0.7m above the host building.
• Installation of 2 cycle racks to store 3 cycles at the western side of the
front of the site.
• Provisions for storage of 2 refuse bins at the western side of the front of
the site.
4.3 The application proposes to operate between 10am to midnight Monday to
Sunday and on Public and Bank Holidays.
4.4 Proposed employment would be 4 full-time staff and 8 part-time staff.

5 Consultations and Responses
5.1 All properties at the following neighbouring addresses have been consulted (60
in total):
• All addresses including flats 1-8 Rosslyn House, Rushcroft Road
• All addresses including flats at 1-8 Suffolk House, Rushcroft Road
• All addresses including flats at 1-12 Hereford House, Rushcroft Road
• All even addresses including flats 418–428 Coldhabour Lane
• All odd addresses including flats 433-445 (odd) Coldharbour Lane
• 16 Carlton Mansions, 387 Coldharbour Lane
• All odd addresses including flats at 15-23 Electric Lane
5.2 It should be noted that original consultation on this application was carried out
with a site notice displayed on 30 July 2010 and 3 June 2011 and a press notice
was published on 30 July 2010. Due to awaiting revised plans, further
consultation was carried out. A site notice was displayed on 28 September
2011 and press notice was published on 3 June 2011.
Internal consultation
5.3 The Council’s Highways and Transportation officer had no objections subject to
conditions.
5.4 The Council’s Noise and Pollution officer had no objections subject to
conditions.
5.5 The Council’s Food Safety officer did not object to the proposal but indicated a
preferable for the height of the extract flue to be used to minimise the potential
odour nuisance to neighbouring properties.
5.6 The Council’s Policy officer had no objections subject to acceptability of Land
Use.
5.7 The Council’s Streetcare Team did not respond.
5.8 The Council’s Conservation Officer’s response is outlined in Conservation and
Design section of this report.
5.9 10 letters of objection have been received following the consultation process. 1
letter of support has been received.

No. of Letters No. of Objections No. in support Comments
sent
60 10 1 0
Objections:
Council’s Response:
Potential impact on
surrounding
residential properties
from noise and
disturbance through
proposed use.
Over intensification
of A3 and A4 uses in
the area.
It is considered that the proposed use would be acceptable
within this location given the existing mixed use nature and
established late night economy within the locale. In regards to
opening hours, deliveries and refuse collections it is considered
that these details could be conditioned to ensure that existing
residential amenity is not comprised.
A Land Use survey has been undertaken for the surrounding
area and the implications of the change of use in the area is
discussed fully in the Planning Considerations section of this
report.
6 Planning Policy Considerations
National Guidance
National Planning Policy Framework
6.1 Central Government guidance is contained in the National Planning Policy
Framework (NPPF), which was published on the 27 th March 2012. This sets out the
current Government’s planning policies for England and how these are expected to
be applied. It reinforces the Development Plan led system and does not change
the statutory status of the development plan as the starting point for decision
making.
6.2 The NPPF must now be taken into account in the preparation of local and
neighbourhood plans and is a material consideration in planning decisions.
6.3 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. The development plan in Lambeth is
The London Plan which was adopted in July 2011, and provides strategic planning
guidance for development and use of land and buildings within the London region.
All Borough plan policies are required to be in general conformity with the London
Plan policies the Lambeth Core Strategy (adopted 19 January 2011), and the
remaining saved policies in the ‘Lambeth Unitary Development Plan (UDP) 2007:
Policies saved beyond 5 August 2010 and not superseded by the LDF Core
Strategy January 2011’.
The London Plan 2011
6.4 The London Plan was published in July 2011 and replaces the previous versions

which were adopted in February 2004 and updated in February 2008. The London
Plan is the Mayor’s development strategy for Greater London and provides
strategic planning guidance for development and use of land and buildings within
the London region.
6.5 The London Plan is the overall strategic plan for London, and it sets out a fully
integrated economic, environmental, transport and social framework for the
development of the capital over the next 20-25 years. It forms part of the
development plan for Greater London. All Borough plan policies are required to be
in general conformity with the London Plan policies
6.6 The key policies of the plan considered relevant in this case are:
• Policy 3B.1: Developing London's economy
• Policy 3B.11: Improving employment opportunities for Londoners
• Policy 3C.2: Matching development to transport capacity
• Policy 3C.22: Improving conditions for cycling
• Policy 3C.23: Parking strategy
• Policy 4A.14: Sustainable drainage
• Policy 4A.20: Reducing noise and enhancing soundscapes
• Policy 4B.3: Enhancing the quality of the public realm
• Policy 4B.2: Promoting world-class architecture and design
• Policy 4B.11: London’s Built Heritage
• Policy 4B.8: Respect local context and communities
London Borough of Lambeth Local Development Framework: Core Strategy
Adopted January 2011
6.7 The following policies are considered to be of relevance to the assessment of this
application:
• Policy S1 Delivering the Vision and Objectives
• Policy S3 Economic Development
• Policy S4 Transport
• Policy S8 Sustainable Waste Management
• Policy S9 Quality of the Built Environment
• Policy PN3 Brixton
London Borough of Lambeth Unitary Development Plan (2007): ‘Policies saved
beyond 5 August 2010 and not superseded by the LDF Core Strategy January
2011’
6.8 The following policies are considered to be of relevance to the assessment of this
application:
• Policy 4 - Town Centres and Community Regeneration
• Policy 7 - Protecting Residential Amenity
• Policy 9 - Transport Impact
• Policy 14 - Parking and Traffic Restraint
• Policy 19 - Active Frontage Units
• Policy 29 - The Evening and Late Night Economy, Food and Drink
• Policy 36 – Alterations and Extensions

• Policy 47 - Conservation Areas
The following are also considered relevant:
6.9 • Supplementary Planning Document ‘Sustainable Design and Construction’
• Supplementary Planning Document ‘Safer Built Environments’
7 Land Use and Principle of Change of Use
7.1 The development proposes a restaurant/drinking establishment use retaining the
existing active frontage within the boundary of the Brixton major town centre. The
existing active frontage fronts onto Coldhabour Lane and follows the proportions
and rhythm of the shopfronts on this road. This level and type of development
would support the vitality and viability of the Brixton major town centre and would
be acceptable subject to the impact on residential amenity of local residents.
7.2 The proposal would provide a food and drink use within the local area and
therefore saved policy 29 of the UDP would be relevant. The main principle of the
policy is the protection of neighbouring and surrounding residential amenity. Saved
policy 29 states the closing hours, concentration and scale of premise and use of
outdoor area, should not create or add to unacceptable noise or harm to amenity
or risk of public disorder. Generally the test of overconcentration applies to both
the core and the edge of major town centres and district centres as well as to local
centres and will be breached where 25% or more of original units would be in A3
use. The policy states that to mitigate the potential impact of local
overconcentration within town centres no more than 2 in 5 consecutive original
units should be in A3 use. The assessment of the proposal against this policy
requires a land use survey of the Brixton’s edge of major town to be completed, in
order to assess the level of A3 uses within the area. The land use survey carried
out by Officers is replicated below in Table 2. The area survey does not include the
whole of the Major town centre, given its expanse, only the immediate area around
the application site has been surveyed. This survey area includes part of
Coldharbour Lane, (a length of approximately 160 metres) between Brixton Road
to the west and Atlantic Road to the east. Please note that all double or triple
fronted properties have been counted as two or three units respectively (i.e. 447-
445 is counted as 2 units).
7.3 Table 2: Land Use Survey (June 2011)
Street Number Use Use Class
Brixton Road
McDonalds
café/takeaway
Ritzy Bar
A3/A5
(1)
A4
Coldharbour
Lane
(south side)
447-445 Satay Bar/Restaurant A3/A4
Electric Lane
443 Shop/ A4/Club A1/A4/SuiGeneris

Brixton Road
Coldharbour
Lane
(north side)
(2)
441 Café A3
439 Book Shop A1
437 / 435 Vacant Shop A1
433 Office A2
431 Hairdresser A1
429 Entrance to Residential C3
above
427 Grocers A1
425 Letting Agent A2
423 Vacant Take Away A5 Vacant
421 Hairdresser A1
419 Herbal Medicine shop A1
417 Nail Bar Sui Generis
415 Vacant Shop A1
411-413 Police neighbourhood Sui Generis
office
409 Hairdresser A1
405 Vacant
401 Thai Restaurant A3
399 Take Away A5
397 Café A3
395 Music Shop A1
393 Salon A1
391 Shop A1
389 Dogstar Public House A4
KFC
Restaurant/Takeaway
The Prince
Bar/Restaurant
A3/A5
(3)
A3/A4
432 Shop A1
428 Opticians A2
426 Restaurant A3
424 Café A3
422 Shop A1
420 Off license A1
418 Prince Albert Public A4
House
416-414 Club A4
412 Money Shop A2
410 Shop A1
408 Shop A1
406 Shop A1
404 Hairdresser A1
402 Cab Office Sui Generis
396 Shop A1
394-392 Copy shop A1
390 Shop A1

388 Beauty Salon A1
386 Restaurant A3
384 Solicitors A2
382 Music recording B1
380 Off license A1
378 Take Away A5
Notes
(1) This is a relatively large café/takeaway located on the opposite side of
Brixton Road which is open 24 hours a day 7 days a week.
(2) This is a purpose built public house which historically operated as an A4
use and changed use to a fishmongers/butchers shop under Permitted
Development provisions. This use operated for approximately six months.
Since approximately the end of March 2011 the premises have operated as
an A4/Club Use without the benefit of planning permission.
(3) This is a relatively large café/takeaway which is open 10am to 2am Mon-
Wed, 10am to 4am Thurs-Fri –Sat and 11am to 2 am Sun.
7.4 Table 3: Land Use Figures
Actual
(1 Units)
Percentage
(1 Units)
Existing Units
A1: 24 (46%)
A3/A4/A5: 17 (33%)
other (A2, B1, and Sui Generis) 10 (19%)
Vacant Units 1 (2%)
Existing Total 52 (100%)
Proposed Units
Proposed A1: 23 (44%)
Proposed A3/A4/A5 18 (35%)
Proposed other (A2, B1 and Sui 10 (19%)
Generis)
Vacant Units 1 (2%)
Proposed Total 52 (100%)
7.5 The Council’s Policy team advised in their comments dated 09/06/2011 that the
premises should be counted as one unit for the purpose of the land use survey.
7.6 The above figures illustrate that the proportion of units, in the immediate locality of
the site within this part of the Brixton major town centre (not the whole), currently in
A1 Class use is 46%. If the current proposed change of use were permitted, the
proportion of A1 units would decrease to 44%. At the same time the proportion of
A3/A4/A5 uses would increase from 33% to 35%. However it is noted that the
current percentage of units within A3/A4/A5 uses within the locality of the site is
33% which already significantly breaches the 25% overconcentration percentage

outlined in Policy 29 (ii) of the UDP, therefore the increase to 35% is considered
minor and given the nature of the local area, and the established late night
economy within the locality it is considered that this would not cause a significant
impact on the residential amenity of local residents.
7.7 With regards to Brixton Town Centre as a whole the total concentration of food and
drink premises as of October 2010 was 13%. Therefore it is unlikely that the 25%
concentration test has been breached in the town centre since this survey was
undertaken and would not be breached as a result of this change of use.
7.8 Saved Policy 29 of the UDP states to mitigate the potential impact of local over
concentration within town centres, not more than 2 in 5 consecutive original units
should be in A3 use. The proposal would not result in more than 2 in 5 consecutive
units being in A3/A4/A5 use class (i.e. 3 in 5) when considered as 1 unit. The
introduction of an addition A3/A4 use at this location, given the nature and
character of the area, location within a major town centre, with limited surrounding
residential and an established late night economy, would not result in a harmful
impact on the locality and residential amenity. The surrounding development and
mixed use nature of the local area would be compatible with the proposed
development.
7.9 The Council’s Noise and Pollution team, state that they would recommend a
number of conditions to ensure that the noise and vibrations generated from the
proposed kitchen extractor and flue would not have an undue harm on the amenity
of neighbouring residents. The proposed opening hours suggested within the
application form would appear to be acceptable and would not be out of keeping
with other restaurants and bars within the area. As such whilst it is noted that the
proposal would fail to comply with the quantitative tests set out within Saved policy
29, it is considered that the essence of policy 29 of the UDP is the protection of
residential amenity and living conditions of neighbouring properties. The proposal
would not result in undue harm to residential amenity over and above the
conditions that currently exist within this mixed use area which had an established
late night economy. As such the proposal is considered to be acceptable and
could be controlled to ensure there are no further impacts on the residential
amenity of surrounding and neighbouring properties.
7.10 Policy PN3 of the Core Strategy relates specifically to Brixton and seeks to
enhance the town centres popularity for leisure, entertainment and nightlife and
supports the inclusion of housing as part of mixed use developments where it
would not displace other priority uses, have acceptable levels of amenity and add
to the vitality of the area. The application site is located within the boundary of
Brixton Major town centre. There is an established late night economy within this
area, the introduction of the proposed restaurant and drinking establishment is
considered to be acceptable and would be unlikely to harm residential amenity
over and above the conditions that currently exist.
7.11 With regard to the Brixton specific policy the proposal would provide a mixed use
development within an active frontage within the boundary of Brixton Major Town
Centre. The provision of a restaurant and drinking establishment is considered to
support the main Brixton town centre roles and maintain and enhance its character
and diversity.

7.12 In conclusion the development proposed would continue to provide a mixed use
scheme within the boundary of the Brixton major town centre. The proposal would
result in a restaurant and drinking establishment use at ground floor and existing
residential on the upper floors. The continued provision of an active frontage
allows compliance with saved policies 4 and 19 of the UDP subject to an
acceptable impact on residential amenity. The land use survey carried out
indicates that the proposal would result in an over concentration of food and drink
in the immediate locality uses however it is considered that this would not result in
an unacceptable impact on the local residential amenity of existing properties
within the area given the nature and character of the surrounding area. As such
the proposal is considered to comply with saved policies 4, 19 and 29 of the UDP
and Policies S3 and PN3 of the Core Strategy (2011).
8 Amenity
8.1
Noise and disturbance:
The character of the immediate vicinity comprises a large number of mixed use
properties of residential and commercial uses; therefore the provision of a
restaurant and drinking establishment would not result in unacceptable impacts
from noise and disturbance to existing residential amenity.
8.2 Further to this the potential for noise and disturbance between the proposed
restaurant and drinking establishment and residential units could be mitigated
through a planning condition requiring sound proofing between the floors. This
could also be provided at ground floor level between the application site and the
adjoining properties. The Council’s Noise and Pollution officer has not raised
concerns in regards to the insertion of a flue and extract system and should the
application be granted approval further details and the potential noise levels
produced would be conditioned to ensure any potential impact is adequate.
9 Conservation and Design
9.1 Saved Policy 36, Part (e) of the UDP seeks to ensure that all building services
equipment should be designed into the development so that it is physically
integrated into the envelope of the building or where not this is not practicable it
should be located in visually inconspicuous positions on the least important
elevations, and be of an acceptable design, positioning and visual impact, with
minimal effect on local amenity.
9.2 Saved Policy 47 of the UDP also states development in conservation areas should
preserve or enhance the character and appearance of the conservation area.
Policy 47 (d) of the UDP states that extensions to buildings in conservation areas
should not alter the scale or roofline of the building detrimental to the unity or
character of the conservation area and should be complementary to the original
building in elevational features.
9.3 The application relates to an unlisted building which makes a positive contribution
to the Brixton Conservation Area. The proposals involve the excavation of a
basement level, installation of an access hatch to basement level on the shop
frontage and the erection of an external extract flue on the rear elevation of the

uilding. The Councils Conservation and Design Officer has no objection to the
proposed works. The applicant has ensured that the design of the access hatch
incorporates traditional features and would complement the Conservation Area.
They have also stated that the height and location off the extract flue would not
cause undue impact on the Conservation Area.
10 Traffic and Parking
10.1 Saved Policy 9 of the UDP states that planning applications will be assessed for
their transport impact, including cumulative impacts on highway safety; on the
environment and the road network; and on all transport modes, including public
transport (in particular, the impact on demand for and the operation of public
transport), walking and cycling. The policy goes on to state that any increase in
traffic generated by development, should not increase levels of traffic congestion,
lead to a situation where the condition of highway safety is reduced, causes
material harm to the speed and/or reliability of bus and other public transport
services or undermine traffic reduction and/or management measures.
10.2 Development with an unacceptable transport impact (including in particular
significant traffic generation), and/or contributing to a transport capacity shortfall, or
leading to a compromise in the condition of highway safety will be refused, unless
measures are secured as part of the application to make this acceptable.
10.3
Access
The application site fronts onto a busy main road with double yellow line waiting
restrictions. The site is located in the southern edge of Brixton Major Town Centre
and has an excellent Public Transport Accessibility Level. No off street car parking
is be proposed. There is no space on site for car parking. This respects the
incompatibility of provision of alcohol with driving. The lack of parking provision
and public transport accessibility can be expected to reduce car use by customers.
Ground floor access from Coldharbour Lane would permit full disabled access.
10.4 The Council’s Transport Planner offered the following comments regarding the
proposal:
Trip Generation
‘The current legal use of an A1 retail unit is likely to have a similar trip generation
to that of the proposed use of eating and drinking establishment and as such I do
not feel that there would be any significant increase in visitors as a result of the
development’
Servicing
‘The servicing of the majority of the businesses in Coldhabour Lane takes place
from the kerbside in accordance with the relevant on-street loading restrictions. I
do not consider that the servicing needs of the proposed use would differ greatly
from those existing use and as such I do not feel that there would be any impact
on the highway in this respect.’
Refuse Storage
‘The proposed ground floor plans shows refuse storage on the footway outside the
property. Transport records indicate this area to the front of the shop unit is

adopted public highway and not private land and as such should not be used for
the permanent storage of refuse as it would obstruct pedestrian right of way and
would attract litter and vermin on to the highway. It is therefore considered that in
the event of planning permission being granted details of alternative provision for
permanent refuse storage be submitted for approval prior to occupation.
Cycle Parking
Currently 2 cycle racks are provided outside the premises. It is recommended that
3 racks are provided on the western side of the site against the flank wall of the
existing bookshop, positioned so that they are parallel to the shopfront of the
application site. These racks could be secured by condition in the event of
planning permission being granted.
Construction Management Plan
The proposed excavation of the basement would involve the removal of large
amounts of spoil and the associated movements of a significant number of Heavy
Goods Vehicles. Coldharbour Lane is a well used shopping street and it is
necessary to ensure that the footway is maintained in a safe and unobstructed
condition throughout the construction works. It is therefore recommended that, in
the event of planning permission being granted, the development shall not begin
until a Construction Management Plan is submitted and approved.
10.5 In conclusion the proposal is considered to be acceptable in highway terms subject
to conditions. The proposal is therefore considered to be in compliance with saved
policies 9 and 14 of the Unitary Development Plan: Policies as saved beyond the
5 th August 2010 and Policy S4 of the Core Strategy.
11 Other Matters
11.1
11.2
Secure by Design
Saved Policy 32 of the UDP requires that developments should enhance
community safety. Development will not be permitted where opportunities for crime
are created or where it results in an increased risk of public disorder. This
requirement is contained within Section 17 of The Crime and Disorder Act 1998
which imposes an obligation on the local planning authority to consider crime and
disorder reduction in the assessment of planning applications. The Council’s Crime
Prevention Officer has been consulted on the application and has not raised any
concerns in regards to the proposal subject to conditions therefore it is considered
that the scheme would not result in any undue implications in terms of community
safety and crime issues.
Sustainability Issues
Saved Policy 35 of the UDP (Sustainable Design and Construction) considers that
the Council will seek the maximum reuse of existing buildings, subject to protecting
their character and local residential amenity. In this instance only minor alterations
are proposed to the existing building, which will not impact on the character of the
area. The change of use to A3/A4 would bring new life to a currently vacant shop
in the Brixton major town centre without the need to replace the building as a
whole and maintaining the character of the Brixton Conservation Area.

12 Conclusion
12.1 The proposal is considered to be acceptable in land use terms and the provision of
a restaurant and drinking establishment on this site is considered appropriate
given the surrounding uses. In design terms the excavation of a basement level,
installation of an access hatch to the basement level and the erection of an
external extract flue would preserve the character and appearance of the Brixton
Conservation Area.
12.2 In light of the above the proposal is considered acceptable and compliant with the
Local Development Plan and London Plan Policies as such it is recommended that
planning permission is granted for subject to the following conditions.
13 Recommendation
13.1 Grant conditional planning permission
14 Summary of the Reasons
14.1 In deciding to grant planning permission, the Council has had regard to the
relevant policies of the Development Plan and all other relevant material
considerations. Having weighed the merits of the proposal in the context of these
issues, it is considered that planning permission should be granted subject to the
conditions listed below. In reaching this decision the following policies were
relevant:
14.2 Unitary Development Plan: Policies as saved beyond the 5 th August 2010
Policy 4 - Town Centres and Community Regeneration
Policy 7 - Protecting Residential Amenity
Policy 9 - Transport Impact
Policy 14 - Parking and Traffic Restraint
Policy 19 - Active Frontage Units
Policy 29 - The Evening and Late Night Economy, Food and Drink
Policy 36 – Alterations and Extensions
Policy 47 - Conservation Areas
Local Development Framework Core Strategy Policies (January 2011)
Policy S1 Delivering the Vision and Objectives
Policy S3 Economic Development
Policy S4 Transport
Policy S8 Sustainable Waste Management
Policy S9 Quality of the Built Environment
Policy PN3 Brixton

15 Conditions
Standard Conditions
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 (as amended by 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.
Design
3. No new plumbing or pipes, other than rainwater pipes, shall be fixed on the
external faces of the building, unless the prior written approval of the Local
Planning Authority has been obtained.
Reason: Such works would detract from the appearance of the building and would
be detrimental to the visual amenities of the locality in accordance with Policy 33 of
the Lambeth Unitary Development Plan: Policies as saved beyond the 5 th August
2010 and Policy S9 of the LDF Core Strategy (2011).
4. Notwithstanding the approved plans, detailed drawings of the cycle & refuse
storage including elevational appearance, dimensions, location, layout and
materials shall be submitted to and approved by or on behalf of the Local Planning
Authority prior to commencement of the development. All works are to be carried
out in accordance with the approved plans.
Reason: To ensure that the materials used are of appropriate quality in the
interests of maintaining the character and appearance of the area in accordance
with Policies 33 and 47of the Unitary Development Plan Policies as saved beyond
the 5 th August 2010 and Policies S4, S8 and S9 of the LDF Core Strategy (2011).
Refuse
5. Details of a 'Refuse and Recycling Management Plan', incorporating provision for
refuse storage and recycling facilities on the site, (separate provision should be
provide for the residential and commercial elements of the proposal including
details of the disposal of customer litter and waste from the cooking process
(including the disposal of fats/oils)) and collection procedures, shall be submitted
to and approved in writing by the Local Planning Authority prior to the
commencement of construction. The refuse storage and recycling facilities shall
be provided in accordance with the approved details prior to the occupation of the
development and shall thereafter be retained as such for the duration of the
permitted use.

Reason: To ensure adequate residential and commercial refuse and recycling
storage and collection is available on site, in the interests of the amenities of the
area in accordance with Policies 9 and 32 of the Unitary Development Plan:
Policies as saved beyond the 5 th August 2010 and Policy S4 and S8 of the LDF
Core Strategy (2011).
Transport
6. Adequate precautions shall be taken during the construction period to prevent the
deposit of mud and similar debris on the adjacent public highways in accordance
with details to be submitted to and approved in writing by the Local Planning
Authority prior to the commencement of development.
Reason: To minimise danger and inconvenience to highway users in accordance
with Policies 9 and 31 of the Lambeth Unitary Development Plan (2007).
7. No development shall take place until a Method of Construction Statement
(including provision has been made to accommodate all site operatives', visitors'
and construction vehicles loading, off-loading, parking and turning within the site
during the demolition and construction period) has been submitted to and
approved in writing by the Local Planning Authority. Construction works, including
parking, deliveries and storage, shall take place solely in accordance with the
approved details.
Reason: To avoid hazard and obstruction being caused to users of the public
highway and in the interest of public safety in accordance with Policies 9 and 31 of
the Lambeth Unitary Development Plan (2007) as saved beyond the 5 th August
2010.
Noise
8. Prior to the occupation of the proposed development soundproofing shall be
installed between the commercial premises on the ground floor and residential
premises on the first floor. Sound insulation shall be provided and installed in the
premises in accordance with a scheme submitted to and approve by the Local
Planning Authority and shall thereafter be retained as such for the duration of the
permitted use.
Reason: To ensure an adequate level of internal amenity is provided for future
residents and that the development results in a suitable residential environment in
accordance with Saved Policy 33 of the Unitary Development Plan Policies as
saved beyond the 5 th August 2010, Policy S2 of the Local Development
Framework Core Strategy (2011).
9. Noise from the kitchen extractor and flue shall not exceed the background noise
level when measured outside the window of the nearest residential or noise
sensitive window.
Reason: To ensure an adequate level of internal amenity is provided for future
residents and that the development results in a suitable residential environment in
accordance with Policy 33 of the Unitary Development Plan Policies as saved

eyond the 5 th August 2010, Policy S2 of the Local Development Framework Core
Strategy (2011).
10. There shall be no amplified sound, speech or music, which is audible outside the
premises.
Reason: To protect the amenities of adjoining occupiers and the surrounding area
in accordance with Policies 7 and 29 of the Unitary Development Plan, Policy S2 of
the Local Development Framework Core Strategy (2011).
11. The flue shall be designed and installed using anti-vibration/isolation technology.
Reason: To protect the amenities of adjoining occupiers and the surrounding area
in accordance with Policies 7 and 29 of the Unitary Development Plan, Policy S2 of
the Local Development Framework Core Strategy (2011).
Operation of hours
12. The opening hours of the premises shall be restricted to the following:
Mondays to Sundays and Public/Bank Holidays: 10:00 – 00:00 hrs
Reason: To protect the amenities of adjoining occupiers and the surrounding area
in accordance with Policies 7 and 29 of the Unitary Development Plan, Policy S2 of
the Local Development Framework Core Strategy (2011).
13. No deliveries shall be received at the approved development before 08:00 hours or
after 20:00 Monday to Sunday and Public/Bank Holidays
Reason: To protect the amenities of adjoining occupiers and the surrounding area
in accordance with Policies 7 and 29 of the Unitary Development Plan, Policy S2 of
the Local Development Framework Core Strategy (2011).
16 Informatives
1. This decision letter does not convey an approval or consent which may be required
under any enactment, by-law, order or regulation, other than Section 57 of the
Town and Country Planning Act 1990.
2. Your attention is drawn to the provisions of the Building Regulations, and related
legislation which must be complied with to the satisfaction of the Council's Building
Control Officer.
3. You are advised of the necessity to consult the Council’s Highways team prior to
the commencement of construction on 020 7926 9000 in order to obtain necessary
approvals and licences prior to undertaking any works within the Public Highway
including Scaffolding, Temporary/Permanent Crossovers, Oversailing/Undersailing
of the Highway, Drainage/Sewer Connections, Hoarding, Excavations (including
adjacent to the highway such as basements, etc), Temporary Full/Part Road
Closures, Craneage Licences etc.

4. You are advised to consult the Council's Environmental Health Division concerning
compliance with any requirements under the Housing, Food, Safety and Public
Health and Environmental Protection Acts and any by-laws or regulations made
thereunder.
5. You are advised of the necessity to consult the Council's Streetcare team within
the Public Protection Division with regard to the provision of refuse storage and
collection facilities. The London Borough of Lambeth's 'Waste and Recycling
Storage and Collection Requirements: Guidance for Architects and Developers'
(May 2006) is available on the planning pages of the Council's website:
www.lambeth.gov.uk.
6. Your attention is drawn to the need to comply with the requirements of the Control
of Pollution Act 1974 concerning construction site noise and in this respect you are
advised to contact the Council's Environmental Health Division.
7. Your attention is drawn to the necessity to register your food business with the
Council's Environmental Health Division, under the Food Premises (Registration)
Regulations 1991 before the use commences. Failure to do so may result in
prosecution.
8. Thames Water recommends the installation of a properly maintained fat trap on all
catering establishments. We further recommend, in line with best practice for the
disposal of Fats, Oils and Grease, the collection of waste oil by a contractor,
particularly to recycle for the production of bio diesel. Failure to implement these
recommendations may result in this and other properties suffering blocked drains,
sewage flooding and pollution to local watercourses. Further information on the
above is available in a leaflet, 'Best Management Practices for Catering
Establishments' which can be requested by telephoning 020 8507 4321.
9. You are advised that this permission does not authorise the display of
advertisements at the premises and separate consent may be required from the
Local Planning Authority under the Town and Country Planning (Control of
Advertisements) Regulations 1992.
__________________________