THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA PLANNING APPLICATIONS COMMITTEE 16/06/2015

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1 THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA PLANNING APPLICATIONS COMMITTEE 16/06/2015 REPORT BY THE EXECUTIVE DIRECTOR, PLANNING AND BOROUGH DEVELOPMENT Application: /PP/15/02000 Agenda Item: N34 Address: Proposal: Units 2 and 3, The Westway Centre, 69 St Mark's Road, LONDON, W10 6JG Change of use of industrial storage units to music rehearsal space with single storey extension, roof terrace, security gate and external signage. Applicant: Agent: Horn Productions 1983 Pension Fund Mr Turner Earle Architects Properties notified: Objections: Support: Comments: Petition: Summary 1.1 The proposed use of Units 2 and 3 as a music rehearsal space under the B1 use class would be acceptable under the relevant policies of the Core Strategy. The proposed single storey extension, terrace, fenestration changes and gate to the units would have an acceptable relationship with its surroundings. Subject to recommended conditions, the use of the premises and the proposed air-conditioning units and terrace would preserve the amenity of neighbouring B1 commercial property and the nearest residential occupiers. The proposals would not have any unacceptable implications for parking or safe use of the highway. It is recommended the Committee grants planning permission with the conditions listed in Section 8 of this report. 2. Reason for committee consideration Three or more objections were received during the consultation period and the recommendation is to grant. 3. The site and its surroundings 3.1 The application relates to two of the units of the Westway Centre, which is a development of 11 commercial units on the land on the western side of St Mark's Road between the elevated Westway flyover and the London Underground line. Unit 2 is adjoined to Unit 1, and Unit 3 is adjoined to Unit 4. Units 2 and 3 have lawful planning use as a light industrial use within the B1 use class. The site is not within a conservation area.

2 4. The proposal and any relevant planning history 4.1 The application seeks planning permission for: the change of use of two industrial storage units to a music rehearsal space a single storey extension between Units 2 and 3 measuring 83 sq m a first floor roof terrace adjacent to Unit 3 measuring 6 m x 5.8 m a security gate with pedestrian pass-gate between Units 2 and 3 air conditioning units on the roof of the new extension and mounted at first floor level adjacent to Unit The applicant is advised in recommended informative 5 that the proposed external signage requires a separate application for advertisement consent. 4.3 Condition 1 of planning permission granted under TP/84/02086 states that "the premises shall be used only for the purposes of light industry, excluding design or photographic studios and warehousing". 4.4 The current proposals comprise elements which are similar to those which have been approved under extant permissions at Units 2 and 3. Reference Summary description Decision and date TP/84/02086 Erection of 11 light industrial units with a Granted 19/ pavement crossover TP/98/00883 Unit 2 Erection of a rear extension to provide ancillary storage and office space at Unit Granted 23/06/1998 PP/03/01320 Units 2 and 3 PP/14/04470 Unit 2 PP/14/05046 Unit 3 PP/14/07451 Unit 3 2. Extension of the existing ground floor light industrial unit to provide additional light industrial space and the erection of a first floor addition between Units 2 and 3 Construction of a side extension to add recording booths Conversion of commercial unit into music studios and extension infilling the space between building and railway Change of use of storage unit to music rehearsal space, side extension with external terrace filling disused space between building and railway, provision of heat rejection unit, and metal sliding gate with side pedestrian gate Granted 12/08/2003 Granted 12/09/2014 Granted 25/09/2014 Granted 16/12/ Main relevant policies and strategies relevant to the decision The development plan 5.1 The main planning considerations applying to the site and the associated policies are: Core Strategy Saved UDP General townscape CL1, CL2, CL6, CL9 E26 Amenity CL5, CE6 Transport CT1 Use CF5

3 These documents can be read online at: Core Strategy and Saved UDP: orestrategypdfs.aspx Other local strategies or publications 5.2 The main relevant supplementary planning documents adopted by the Council are: Noise Transport These documents can be read online at: Other documents: ning.aspx 6. Evaluation 6.1 The decisive issues are: i ii iii iv Whether the impact of the change of use on the provision of light industrial units within the Borough, and the suitability of the proposed use would be acceptable; Whether the proposals would preserve the appearance of the building and surrounding area; Whether the proposals would preserve the amenity of neighbouring occupiers; and Whether the impact of the proposals on traffic and parking would be acceptable. Change of use 6.2 The existing units are described by the applicant as industrial storage units. However, following the grant of planning permission under PP/14/05046 and PP/14/07451, Unit 3 has lawful planning use as a music studio, which counts as a 'light industrial' use within the B1 use class. The lawful use of Unit 2 is B1, confirmed under planning permission PP/14/04470 (although this application related an extension, and not the use of the premises). Nevertheless, a recording/music studio falls within the B1 use class, and permission is not required for this use. Core Strategy policy CF5 (f) seeks to protect all light industrial uses throughout the Borough. This reflects the rarity of such uses and the contribution that a light industrial use can play to the diversity of the Borough and in the provision of a range of employment opportunities. Paragraph of the Core Strategy states that light industrial uses are valuable as the smaller business units usually provide disproportionately more jobs for local people than larger units. It is these smaller units which are of particular demand for the Borough's creative and cultural industries. The proposal for a music rehearsal space would retain the units as class B1 floorspace, and be appropriate in this location. Appearance 6.3 The proposed single storey extension would be sited to the rear of Unit 2 in an under-utilised space, and to the front of Unit 3, in order to physically join Units 2 and 3.

4 The extension would abut the railway to the rear, which has commercial units occupying the arches underneath. The proposed metal clad extension would integrate with the appearance of the existing units given the use of materials to match existing. The addition of two modest rooflights adjacent to Unit 2 would not harm its appearance, nor would installation of a new aluminium framed window to its side. A new glazed door would provide access to the first floor terrace, with the terrace would be enclosed by railings and a metal balustrade which would be suitably compatible with the appearance of the existing units. The design of the proposals would have an acceptable relationship with its surroundings and satisfy policies CL1, CL2, CL6, and CL9. Amenity 6.4 The siting of the extension to the rear of Unit 2 and in front of Unit 3 in an enclosed location would not give rise to issues of increased overlooking or sense of enclosure, or loss of light to neighbouring occupiers. 6.5 The site is on an industrial estate between the Westway flyover and London Underground railway line. The nearest residential occupiers on Bartle Road and Ruston Mews, and further away on Cambridge Gardens and Malton Road are a considerable distance away from the application site, with intervening structures. Whilst a noise report has not been submitted in support of the proposed air conditioning units, its location adjacent to the rear wall which abuts the railway would be acceptable to neighbouring B1 commercial property and would not have a significant impact on the living conditions of neighbouring residential occupiers. Recommended condition 5 would ensure that no audible noise is heard outside of the premises to preserve neighbouring amenity. Recommended condition 3 would require details of a scheme of sound insulation to Units 2 and 3 to prevent noise transmission, particularly to preserve the living conditions of occupiers of the physically adjoining neighbouring commercial units at Unit 1 and Unit 4. Whilst restricting the hours of use of the premises would not be necessary given that noise would be contained within the premises, condition 6 would restrict the use of the outdoor terrace to 7 am - 11 pm to preserve the living conditions enjoyed by neighbouring occupiers. Transport 6.6 The units are within a private estate separated from the highway. The proposal would not be likely to result in any significant increase in the number of trips to the site nor materially alter the way in which the site would operate compared to trips that would be generated under the extant permissions granted under PP/14/04470, PP/14/05046 and PP/14/07451, satisfying policy T1 of the Core Strategy. Issues and balancing 6.7 The use of the units as a music studio within use class B1 would contribute to the vitality of the area and be compatible with existing uses. The proposals would not harm the appearance of the units. Whilst the Council's Environmental Health officer has raised objections to the proposals in terms of potential noise disturbance, the recommended conditions would overcome these concerns. The proposals would have an acceptable impact on the highway. 7. Consultations carried out Comments from interested parties Eight nearby owners/occupiers were notified directly of the application. The application was advertised in the Kensington & Chelsea Chronicle on 24/04/15.

5 Four letters were received objecting to the application, summarised as: Comment 1 Concerns about noise (3) Response The proposals would not result in harmful noise disturbance to neighbours. See paragraph Concerns about the hours of use of the premises (1) The hours of use of the premises have not been provided. However, given that Condition 5 would ensure that noise would not be audible outside the premises, and Condition 6 would restrict the hours of use, there would be no harm to neighbouring living conditions from noise disturbance. See paragraph Concerns about noise transmission out of the unit (3) The existing units are lightweight. Condition 3 requires a scheme of sound insulation to the units in order to preserve neighbouring amenity. See paragraph Concerns about the change of use (1) The proposal would retain the premises as B1 light industrial floorspace which would be acceptable. See paragraph Lack of, and errors in, consultation with neighbouring occupiers (1) The Council has re-consulted neighbours with the correct address of the application site. Other consultees and organisations Consultee Environmental Health Comment The application is unacceptable since it does not include the hours of operation, an acoustic report, and acoustical measures to contain the music within the building. Where in the report this is considered See paragraphs 6.5 and Recommended conditions if the application is granted 1. Time Limit The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason - As required by Section 91 of the Town and Country Planning Act 1990, to avoid the accumulation of unexercised Planning Permissions.

6 2. Compliance with approved drawings The development shall not be carried out except in complete accordance with the details shown on submitted plans 1-LO 101; 1-LO 102; 6-EX 101; 6-EX 102; 6-EX 201; 6-EX 202; 6-EX 301; 2-GA 101 A; 2-GA 102 A; 2-GA 201 A; 2-GA 202 A; 2-GA 203 A; 2-GA 301. Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan. 3. Submission of details (Full PP) No development shall commence until full particulars of the following have been submitted to and approved in writing by the local planning authority and the development shall not be completed otherwise than in accordance with the details so approved: (a) details of the acoustic insulation for Units 2 and 3 and any other acoustic insulation Reason To accord with the development plan by ensuring that the character and appearance of the area are preserved and living conditions of those living near the development suitably protected. It is necessary for the condition to be on the basis that No development shall commence until as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan. 4. Materials - To match existing All work and work of making good shall be finished to match the existing exterior of the building in respect of materials, colour, texture, profile and, in the case of brickwork, facebond and pointing, and shall be so maintained. Reason - To preserve the character and appearance of the building and surrounding area in accordance with policies of the development plan in particular policies CL1, CL2 and CL6 of the Core Strategy. 5. No music audible outside No music, musical instruments, or loudspeakers shall be played or used within the premises forming the subject of this permission so as to be audible outside the premises. Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Core Strategy. 6. Use of roof as terrace precluded The first floor terrace on top of the extension forming the subject of this planning permission shall not be used as a terrace other than between the hours of 7 am and 11 pm on any day. Reason - To prevent any significant disturbance to residents of neighbouring properties and so accord with policies of the development plan, in particular policy CL5 of the Core Strategy. INFORMATIVES 1 Your attention is drawn to the Conditions of this Permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990, as amended. All Conditions must be complied with. If you wish to seek to amend a Condition you should apply to do so under s.73 of the Act, explaining why you consider it is no longer necessary, or possible, to comply with a particular condition.

7 2 Condition no. 3 imposes requirements which must be met prior to commencement of the development. Failure to observe these requirements could result in the Council taking enforcement action, or may invalidate the planning permission and render the whole of the development unlawful. 3 Planning permission is hereby granted for the development as shown on the approved drawings. Any variation to the approved scheme may require further permission, and unauthorised variations may lay you open to planning enforcement action. You are advised to seek advice from the Directorate of Planning and Borough Development, before work commences, if you are thinking of introducing any variations to the approved development. Advice should urgently be sought if a problem occurs during approved works, but it is clearly preferable to seek advice at as early a stage as possible. Use the following link to see how advice can be obtained: Planning Advice Service 4 Separate approval for the works hereby granted permission/consent may be required by the Building Act 1984 and the Building Regulations 2000 (as amended), and the grant of planning permission does not imply that such approval will be given. The Director of Building Control, Town Hall, Hornton Street, W8 7NX should be consulted before works commence. 5 The advertisements shown on the drawings hereby approved require separate consent under the Control of Advertisement Regulations Application should be made to the Executive Director, Planning and Borough Development, Town Hall, Hornton Street, W8 7NX before any sign is displayed. The Council has the power to prosecute under the Town and Country Planning Act 1990 for the unauthorised display of advertisements. 6 To assist applicants in finding solutions to problems arising in relation to their development proposals the Local Planning Authority has produced planning policies, and provided written guidance, all of which are available on the Council's website, and which has been followed in this instance. 7 The applicant is advised to contact the Council's Environmental Health department for advice on appropriate sound insulation measures to the premises. 8 You are reminded that, if not properly managed, construction works can lead to negative impacts on the local environment, reducing residential amenity and the safe function of the highway. The Council can prosecute developers and their contractors if work is not managed properly. For advice on how to manage construction works in the Royal Borough please see the Council's website: From this page you will also find guidance on what to include in Construction Traffic Management Plans (where these are required). 9 You are advised that that construction and demolition work is controlled by the Council under Section 60 and 61 of the Control of Pollution Act In particular, building work which can be heard at the boundary of the site shall only be carried out between the following hours: Monday to Friday to Saturdays to Sundays and Bank Holidays No noisy works at all Builders who undertake noisy work outside of these hours may be liable for prosecution and a fine of up to 5,000 where a notice has been previously served under the Control of Pollution Act 1974.

8 10 Your attention is drawn to Section 61 of the Control of Pollution Act 1974, which allows developers and their building contractors to apply for 'prior consent' for noise generating activities during building works. This proactive approach involves assessment of construction working methods to be used and prediction of likely construction noise levels at sensitive positions, with the aim of managing the generation of construction noise using the 'best practicable means' available. You are advised to engage an acoustic consultant experienced in construction noise and vibration assessment and prediction to complete your S.61 application. Relevant information can be found here S.61 Control of Pollution Act 1974 Background papers: Documents associated with the application (except exempt or confidential information) is available at or electronically in our Customer Service Centre, Town Hall, Hornton Street. Contact officer: Ms. C. Saverus Telephone:

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