Licensing

Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS 32 MARKET SQUARE UXBRIDGE Change of use from Class A1 (Shops) to Class A3 (Restaurants and Cafes) for use as Coffee shop/Cafe. 31/03/2010 Report of the Head of Planning & Enforcement Address Development: LBH Ref Nos: 35737/APP/2010/705 Drawing Nos: Photographs 1227-002 1:1250 Location Plan 3D Visuals x 10 Supporting letter dated 17/03/10 prepared by Marks & Spencer Letter from the General Manager of the Mall dated 16/06/10 Plan showing temporary and vacant shop units within the Pavilions Shopping Centre Date Plans Received: Date(s) of Amendment(s): 1. SUMMARY Planning permission is sought for the change of use from Class A1 to Class A3. The proposed change of use would not harm the vitality and viability of the Uxbridge Town Centre. APPROVAL subject to the following: T8 N15 NONSC Time Limit - full planning application 3 years Hours restriction for audible amplified music/sound Refuse facilities The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON To comply with Section 91 of the Town and Country Planning Act 1990. No music or other amplified sound arising from the premises shall be audible from t he inside of surrounding or adjacent premises. REASON To safeguard the amenity of the occupants of surrounding properties in accordance with Policy OE1 of the Hillingdon Unitary Development Plan Saved Policies (September 2007) and Policy 4A.20 of the London Plan (February 2008). The use hereby permitted shall not commence until details of arrangements for the storage and disposal of refuse, generated by the use, have been submitted to and approved in writing by the Local Planning Authority. 1 2 3 2. RECOMMENDATION 31/03/2010 Date Application Valid: Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS OM18 NONSC NONSC RCU1 Litter Picking Required Signage regarding litter disposal Air extraction Use within Same Use Class REASON To ensure that adequate provision is made for the disposal of litter generated from the development, in the interests of maintaining a satisfactory standard of amenity in t he locality, in accordance with Policy OE1 of the Hillingdon Unitary Development Plan Saved Policies (September 2007). A schedule of 'litter picking' shall be submitted to and approved by the Local Planning Authority and carried out for as long as the use hereby permitted is in existence. REASON To ensure the satisfactory disposal of litter and waste, in the interests of mai ntaining a satisfactory standard of amenity in the locality, in accordance with Policy O E1 of the Hillingdon Unitary Development Plan Saved Policies (September 2007). A notice shall be displayed permanently and prominently within the premises requesting that customers dispose of their litter responsibly. REASON To ensure the satisfactory disposal of litter in the interests of maintaining a satisfactory standard of amenity in the locality, in accordance with Policy OE1 of the Hill ingdon Unitary Development Plan Saved Policies (September 2007). No air extraction system shall be used on the premises until a scheme for the contr ol of noise and odour emanating from the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include such combination of measures as may be approved by the Local Planning Authority. The scheme shall be fully implemented before the development is brought into use and thereafter shall be retained and maintained in good working order for so long as the development remains in use. REASON To safeguard the amenity of the occupants of surrounding properties in accordance with Policy OE1 of the Hillingdon Unitary Development Plan Saved Policies (September 2007). The premises shall be used as a café or restaurant and for no other purposes (including any other purpose in Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987). REASON To maintain the character and function of the primary shopping area in accordance with policy S11 of the Hillingdon Unitary Development Plan Saved Policies (September 2007). 4 5 6 7 INFORMATIVES Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS I52 I53 I1 I3 I15 Compulsory Informative (1) Compulsory Informative (2) Building to Approved Drawing Building Regulations - Demolition and Building Works Control of Environmental Nuisance from Construction Work 1 2 3 4 5 The decision to GRANT planning permission has been taken having regard to all relevant planning legislation, regulations, guidance, circulars and Council policies, includi ng The Human Rights Act (1998) (HRA 1998) which makes it unlawful for the Council to act incompatibly with Convention rights, specifically Article 6 (right to a fair hearing); Article 8 (right to respect for private and family life); Article 1 of the First Protocol (protection of property) and Article 14 (prohibition of discrimination). The decision to GRANT planning permission has been taken having regard to the policies and proposals in the Hillingdon Unitary Development Plan Saved Policies (September 2007) set out below, including Supplementary Planning Guidance, and to all relevant material considerations, including the London Plan (February 2008) and national guidance. You are advised this permission is based on the dimensions provided on the approved drawings as numbered above. The development hereby approved must be constructed precisely in accordance with the approved drawings. Any deviation from these drawings requires the written consent of the Local Planning Authority. Your attention is drawn to the need to comply with the relevant provisions of the Buil ding Regulations, the Building Acts and other related legislation. These cover such work s as - the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of serv ices, underpinning works, and fire safety/means of escape works. Notice of intention to demolish existing buildings must be given to the Council's Building Control Ser vice at least 6 weeks before work starts. A completed application form together with detai led plans must be submitted for approval before any building work is commenced. For further information and advice, contact - Planning & Community Services, Building Contr ol, 3N/01 Civic Centre, Uxbridge (Telephone 01895 250804 / 805 / 808). Nuisance from demolition and construction works is subject to control under The Contr ol of Pollution Act 1974, the Clean Air Acts and other related legislation. In partic ular, you should ensure that the following are complied with: - A) Demolition and construction works should only be carried out between the hours of 08.00 hours and 18.00 hours Monday to Friday and between the hours of 08.00 hours and 13.00 hours on Saturday. No works shall be carried out on Sundays, Bank and Public Holidays. B) All noise generated during such works should be controlled in compliance with Bri tish Standard Code of Practice BS 5228: 1984. S11 OE1 Service uses in Primary Shopping Areas Protection of the character and amenities of surrounding properties and the local area Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS I51 Notification of Commencement of Works 6 7 3.1 Site and Locality The application site comprises a retail unit located on the south east side of Market Square within the Pavilions Shopping Centre, which is located on the south west side of the pedestrian section of High Street Uxbridge. The Pavilions Shopping Centre lies within the Primary Shopping Area of the Uxbridge Town Centre as identified in the adopted Hillingdon Unitary Development Plan (Saved Policies September 2007). The site is al so covered by an Archaeological Priority Area however given the nature of the proposed development, no archaeological remains would be affected. 3.2 Proposed Scheme Planning permission is sought for the change of use from a retail unit to a restaur ant for use by Marks & Spencer (M&S) as a Cafe as an addition to their existing retail unit. The application unit is currently vacant. The applicant has advised that within the Pavilions Shopping Centre, there are 4 vacant units (including the application premises) and 15 units under short term temporary lett ings. The application premises has been vacant for nearly a year. The proposed Cafe would be open between the hours of: C) The elimination of the release of dust or odours that could create a public health nuisance. D) No bonfires that create dark smoke or nuisance to local residents. You are advised to consult the Council's Environmental Protection Unit, 3S/02, Civ ic Centre, High Street, Uxbridge, UB8 1UW (Tel.01895 277401) or to seek prior approval under Section 61 of the Control of Pollution Act if you anticipate any difficulty in carrying out construction other than within the normal working hours set out in (A) above, and by means that would minimise disturbance to adjoining premises. Written notification of the intended start of works shall be sent to Planning & C ommunity Services, London Borough of Hillingdon, Civic Centre, High Street, Uxbridge, UB8 1UW at least seven days before the works hereby approved are commenced. Thames Water have advised as follows: The installation of a properly maintained fat trap on all catering establishments is recommended. Thames Water 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 leafl et, 'Best Management Practice for Catering Establishments' which can be requested by telephoning 020 8507 4321. 3. CONSIDERATIONS Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS There is an extensive planning history relating to the Pavilions Shopping Centre, none of which is relevant. 4. Planning Policies and Standards Monday - Wednesday: 0800 - 1800 Thursday: 0800 - 1900 Friday: 0730 - 1900 Saturday: 0730 - 1800 Sundays: 10.30 - 1700. External alterations are proposed in the form of replacement signage and new glazing. No details of these have been submitted and as such they do not form part of this application. PT1.18 PT1.19 To maintain, enhance and promote town centres as the principle centres for shopping, employment and community and cultural activities in the Borough. To maintain a hierarchy of shopping centres which maximises accessibility to shops and to encourage retail development in existing centres or local parades which is appropriate to their scale and function and not likely to harm the viability and vitality of Town or Local Centres. UDP / LDF Designation and London Plan The following UDP Policies are considered relevant to the application:- Part 1 Policies: S11 OE1 Service uses in Primary Shopping Areas Protection of the character and amenities of surrounding properties and the local area Part 2 Policies: Not applicable 6th May 2010 Advertisement and Site Notice 5. 5.1 Advertisement Expiry Date:- Not applicable 5.2 Site Notice Expiry Date:- 6. Consultations External Consultees 7 adjoining owner/occupiers have been consulted and a site notice has been placed on site. 1 letter of support has been received from the Mall (Pavilions). Thames Water: Thames Water recommends the installation of a properly maintained fat trap on all cateri ng 3.3 Relevant Planning History Comment on Relevant Planning History Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS 7.01 The principle of the development Paragraphs 8.24 of the adopted Hillingdon Unitary Development Plan (Saved Policies September 2007) defines primary shopping areas as the focus of retail activity in the centres and are either already generally dominated by retail shops or are areas which the Local Planning Authority considers have prime retail potential. Paragraph 8.26 states t hat as a guideline, the Council will normally seek to prevent a separation or an increase i n the separation of class A1 units of more than approximately 12m which is broadly the widt h of two typical shop fronts. Class A1 shops should remain the predominant use in primary areas and the Local Planning Authority will expect at least 70% of the frontage to be i n class A1 use. Policy S11 establishes the change of use from class A1 to non class A1 uses in pr imary frontages where there remains adequate retail facilities to accord with the character and function of the shopping centre in order to maintain the vitality and viability of t he town centre. The 2010 Shopping Survey update for Uxbridge Town Centre shows that 70.55% of the primary frontage falls within class A1 uses. The loss of the application proper ty, which, due to its corner location has two frontages, would reduce this to 70.49%, a total reduc tion of 0.06%. Therefore the proposal would not result in a reduction in the retail frontage of below 70% and it is not considered it would harm the vitality or viability of U xbridge Town Centre. It could be argued that the proposed unit would be ancillary to Marks and Spencer's much larger retail store opposite, and would enhance the viability of this m ajor retailer, which occupies one of the largest units within the Shopping Centre. In addi tion, given its association with a major retailer it is likely the unit would be leased on a long- term let which, it is considered would be positive given the current number of vac ant and temporarily let units within the centre. The application property lies at the corner of Market Square and Mercer Walk. The adjoining units, 31 Market Square and 1-3 Mercer Walk, are both retail units. It i s therefore considered that the proposed change of use to a non retail use would not result in a separation distance of more than 12m between retail units. On this basis, the proposed change of use would not result in an unacceptable concentration of non-retail uses to the detriment of the vitality and viability of the town centre. Internal Consultees Environmental Protection Unit: No objections subject to condition relating to hours of operation, plant equipment, deliver ies and litter. Officer comments: Given the location of the application property within the Pavil ions Shopping Centre, which has its own established opening hours and that there are no residential properties within the Centre, some of the above mentioned conditions are not relevant. 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 i nformation on the above is available in a leaflet, 'Best Management Practices for Catering Es tablishments' which can be requested by telephoning 020 8507 4321. MAIN PLANNING ISSUES 7. Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS 7.02 7.03 7.04 7.05 7.07 7.08 7.09 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 Density of the proposed development Impact on archaeology/CAs/LBs or Areas of Special Character Airport safeguarding Impact on the green belt Impact on the character & appearance of the area Impact on neighbours Living conditions for future occupiers Traffic impact, Car/cycle parking, pedestrian safety Urban design, access and security Disabled access Provision of affordable & special needs housing Trees, landscaping and Ecology Sustainable waste management Renewable energy / Sustainability Flooding or Drainage Issues Noise or Air Quality Issues Comments on Public Consultations Planning obligations Expediency of enforcement action Overall, it is considered that the proposed change of use will not harm the vitalit y and attractiveness of the Uxbridge Town Centre as a whole and would go some way to reinforce the viability of the Pavilions Shopping Centre. The proposed use will not r esult in a concentration of non-shop uses within this part of the Primary frontage and would comply with policy S11 of the adopted Hillingdon Unitary Development Plan (Saved Policies September 2007). This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. The external alterations as mentioned above do not form part of this application and therefore the proposal will not affect the appearance of the Centre. There are no residential properties within the Pavilions Shopping Centre and therefore the proposal will not affect residential amenity. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. There are no third party comments. This is not applicable to this application. Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS 7.22 Other Issues This is not applicable to this application. There are no other relevant issues. 8. Observations of the Borough Solicitor When making their decision, Members must have regard to all relevant planning legislation, regulations, guidance, circulars and Council policies. This wil l enable them to make an informed decision in respect of an application. In addition Members should note that the Human Rights Act 1998 (HRA 1998) makes it unlawful for the Council to act incompatibly with Convention rights. Decisions by the Committee must take account of the HRA 1998. Therefore, Members need to be aware of the fact that the HRA 1998 makes the European Convention on Human Rights (the Convention) directly applicable to the actions of public bodies in England and Wales. The specific parts of the Convention relevant to planning matters are Article 6 (rig ht to a fair hearing); Article 8 (right to respect for private and family life); Art icle 1 of the First Protocol (protection of property) and Article 14 (prohibition of discrimination). Article 6 deals with procedural fairness. If normal committee procedures are fol lowed, it is unlikely that this article will be breached. Article 1 of the First Protocol and Article 8 are not absolute rights and infri ngements of these rights protected under these are allowed in certain defined circumstances, for example where required by law. However any infringement must be proportionate, which means it must achieve a fair balance between the public interest and the private interest infringed and must not go beyond what is needed to achieve its objective. Article 14 states that the rights under the Convention shall be secured without discrimination on grounds of 'sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status'. 9. Observations of the Director of Finance This is not applicable to this application. 10. CONCLUSION For the reasons outlined above it is considered that the proposal would comply with the aforementioned policies of the adopted Hillingdon Unitary Development Plan Saved Policies (September 2007). Accordingly, this application is recommended for approval. 11. Reference Documents Adopted Hillingdon Unitary Development Plan (Saved Policies September 2007) Sonia Bowen 01895 250230 Contact Officer: Telephone No: LONDON BOROUGH OF HILLINGDON Planning & Community Services Civic Centre, Uxbridge, Middx. UB8 1UW Telephone No.: Uxbridge 250111 RR E R E R A UU 8 Our Lady of Lourdes 18 3 29 to 32 58 Grainge's Yard 140 141 48 1 3 150 38.7m Yard 53 Bank Hi gh Street 155 El Sub Sta Cock OSBORN ROAD Pant il e Walk 1 to 1 7 Mercer Walk 33 to 3 7 12 to 26 13 7 142 PH 5 10 Bennett's BELM ONT ROAD 48 St 42.4m Sh elter 19 to 26 9 to 12 (Multistorey) 4 to 8 27 59 to 61 45 to 38 14 High St reet M Char The Pavilions 2 TCB LB 138 43 139 Belmont House Bank 50 PO 9 152 PH 6 Und STR EET 157 159 to 161 PC 1 to 11 39 55 to 57 WINDSO R STREET 8 52 50 PH 15 4 148 W INDSOR 156 4 FB WAY 13 to 17 3 to 19 (Multistorey) Chequers Sq uare Westcombe House TCBs 44 53 151 49 LYNCH CLOSE Presby TRUMPER 4 Armstrong Hous e 36 to 38 Market Square 42 21a 12 PH 52a 7 9 5 158 29 CROS S STREET and St Michael Church 3 Telephone Exchange Shelter Crown Walk 2 to 1 6 Grainge's Car Park 28 26 to 38 6 Tower H ou se Midd lese x Hou se 41 20 18 17 54 39 to 40 14 8 Und 51 PH 5b to 4 Church Margaret's WINDS OR SREET 1:1,250 ´ July 2010 Site Address Notes For identification purposes only. © Crown Copyright. All rights reserved. London Borough of Hillingdon 100019283 2009 Site boundary This copy has been made by or with the authority of the Head of Committee Services pursuant to section 47 of the Copyright, Designs and Patents Act 1988 (the Act). Unless the Act provides a relevant exception to copyright. 32 Market Square Uxbridge 35737/APP/2010/705 Central And South Planning Application Ref: Planning Committee Date Scale

Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS 32 MARKET SQUARE UXBRIDGE Change of use from Class A1 (Shops) to Class A3 (Restaurants and Cafes) for use as Coffee shop/Cafe. 31/03/2010 Report of the Head of Planning & Enforcement Address Development: LBH Ref Nos: 35737/APP/2010/705 Drawing Nos: Photographs 1227-002 1:1250 Location Plan 3D Visuals x 10 Supporting letter dated 17/03/10 prepared by Marks & Spencer Letter from the General Manager of the Mall dated 16/06/10 Plan showing temporary and vacant shop units within the Pavilions Shopping Centre Date Plans Received: Date(s) of Amendment(s): 1. SUMMARY Planning permission is sought for the change of use from Class A1 to Class A3. The proposed change of use would not harm the vitality and viability of the Uxbridge Town Centre. APPROVAL subject to the following: T8 N15 NONSC Time Limit - full planning application 3 years Hours restriction for audible amplified music/sound Refuse facilities The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON To comply with Section 91 of the Town and Country Planning Act 1990. No music or other amplified sound arising from the premises shall be audible from t he inside of surrounding or adjacent premises. REASON To safeguard the amenity of the occupants of surrounding properties in accordance with Policy OE1 of the Hillingdon Unitary Development Plan Saved Policies (September 2007) and Policy 4A.20 of the London Plan (February 2008). The use hereby permitted shall not commence until details of arrangements for the storage and disposal of refuse, generated by the use, have been submitted to and approved in writing by the Local Planning Authority. 1 2 3 2. RECOMMENDATION 31/03/2010 Date Application Valid: Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS OM18 NONSC NONSC RCU1 Litter Picking Required Signage regarding litter disposal Air extraction Use within Same Use Class REASON To ensure that adequate provision is made for the disposal of litter generated from the development, in the interests of maintaining a satisfactory standard of amenity in t he locality, in accordance with Policy OE1 of the Hillingdon Unitary Development Plan Saved Policies (September 2007). A schedule of 'litter picking' shall be submitted to and approved by the Local Planning Authority and carried out for as long as the use hereby permitted is in existence. REASON To ensure the satisfactory disposal of litter and waste, in the interests of mai ntaining a satisfactory standard of amenity in the locality, in accordance with Policy O E1 of the Hillingdon Unitary Development Plan Saved Policies (September 2007). A notice shall be displayed permanently and prominently within the premises requesting that customers dispose of their litter responsibly. REASON To ensure the satisfactory disposal of litter in the interests of maintaining a satisfactory standard of amenity in the locality, in accordance with Policy OE1 of the Hill ingdon Unitary Development Plan Saved Policies (September 2007). No air extraction system shall be used on the premises until a scheme for the contr ol of noise and odour emanating from the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include such combination of measures as may be approved by the Local Planning Authority. The scheme shall be fully implemented before the development is brought into use and thereafter shall be retained and maintained in good working order for so long as the development remains in use. REASON To safeguard the amenity of the occupants of surrounding properties in accordance with Policy OE1 of the Hillingdon Unitary Development Plan Saved Policies (September 2007). The premises shall be used as a café or restaurant and for no other purposes (including any other purpose in Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987). REASON To maintain the character and function of the primary shopping area in accordance with policy S11 of the Hillingdon Unitary Development Plan Saved Policies (September 2007). 4 5 6 7 INFORMATIVES Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS I52 I53 I1 I3 I15 Compulsory Informative (1) Compulsory Informative (2) Building to Approved Drawing Building Regulations - Demolition and Building Works Control of Environmental Nuisance from Construction Work 1 2 3 4 5 The decision to GRANT planning permission has been taken having regard to all relevant planning legislation, regulations, guidance, circulars and Council policies, includi ng The Human Rights Act (1998) (HRA 1998) which makes it unlawful for the Council to act incompatibly with Convention rights, specifically Article 6 (right to a fair hearing); Article 8 (right to respect for private and family life); Article 1 of the First Protocol (protection of property) and Article 14 (prohibition of discrimination). The decision to GRANT planning permission has been taken having regard to the policies and proposals in the Hillingdon Unitary Development Plan Saved Policies (September 2007) set out below, including Supplementary Planning Guidance, and to all relevant material considerations, including the London Plan (February 2008) and national guidance. You are advised this permission is based on the dimensions provided on the approved drawings as numbered above. The development hereby approved must be constructed precisely in accordance with the approved drawings. Any deviation from these drawings requires the written consent of the Local Planning Authority. Your attention is drawn to the need to comply with the relevant provisions of the Buil ding Regulations, the Building Acts and other related legislation. These cover such work s as - the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of serv ices, underpinning works, and fire safety/means of escape works. Notice of intention to demolish existing buildings must be given to the Council's Building Control Ser vice at least 6 weeks before work starts. A completed application form together with detai led plans must be submitted for approval before any building work is commenced. For further information and advice, contact - Planning & Community Services, Building Contr ol, 3N/01 Civic Centre, Uxbridge (Telephone 01895 250804 / 805 / 808). Nuisance from demolition and construction works is subject to control under The Contr ol of Pollution Act 1974, the Clean Air Acts and other related legislation. In partic ular, you should ensure that the following are complied with: - A) Demolition and construction works should only be carried out between the hours of 08.00 hours and 18.00 hours Monday to Friday and between the hours of 08.00 hours and 13.00 hours on Saturday. No works shall be carried out on Sundays, Bank and Public Holidays. B) All noise generated during such works should be controlled in compliance with Bri tish Standard Code of Practice BS 5228: 1984. S11 OE1 Service uses in Primary Shopping Areas Protection of the character and amenities of surrounding properties and the local area Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS I51 Notification of Commencement of Works 6 7 3.1 Site and Locality The application site comprises a retail unit located on the south east side of Market Square within the Pavilions Shopping Centre, which is located on the south west side of the pedestrian section of High Street Uxbridge. The Pavilions Shopping Centre lies within the Primary Shopping Area of the Uxbridge Town Centre as identified in the adopted Hillingdon Unitary Development Plan (Saved Policies September 2007). The site is al so covered by an Archaeological Priority Area however given the nature of the proposed development, no archaeological remains would be affected. 3.2 Proposed Scheme Planning permission is sought for the change of use from a retail unit to a restaur ant for use by Marks & Spencer (M&S) as a Cafe as an addition to their existing retail unit. The application unit is currently vacant. The applicant has advised that within the Pavilions Shopping Centre, there are 4 vacant units (including the application premises) and 15 units under short term temporary lett ings. The application premises has been vacant for nearly a year. The proposed Cafe would be open between the hours of: C) The elimination of the release of dust or odours that could create a public health nuisance. D) No bonfires that create dark smoke or nuisance to local residents. You are advised to consult the Council's Environmental Protection Unit, 3S/02, Civ ic Centre, High Street, Uxbridge, UB8 1UW (Tel.01895 277401) or to seek prior approval under Section 61 of the Control of Pollution Act if you anticipate any difficulty in carrying out construction other than within the normal working hours set out in (A) above, and by means that would minimise disturbance to adjoining premises. Written notification of the intended start of works shall be sent to Planning & C ommunity Services, London Borough of Hillingdon, Civic Centre, High Street, Uxbridge, UB8 1UW at least seven days before the works hereby approved are commenced. Thames Water have advised as follows: The installation of a properly maintained fat trap on all catering establishments is recommended. Thames Water 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 leafl et, 'Best Management Practice for Catering Establishments' which can be requested by telephoning 020 8507 4321. 3. CONSIDERATIONS Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS There is an extensive planning history relating to the Pavilions Shopping Centre, none of which is relevant. 4. Planning Policies and Standards Monday - Wednesday: 0800 - 1800 Thursday: 0800 - 1900 Friday: 0730 - 1900 Saturday: 0730 - 1800 Sundays: 10.30 - 1700. External alterations are proposed in the form of replacement signage and new glazing. No details of these have been submitted and as such they do not form part of this application. PT1.18 PT1.19 To maintain, enhance and promote town centres as the principle centres for shopping, employment and community and cultural activities in the Borough. To maintain a hierarchy of shopping centres which maximises accessibility to shops and to encourage retail development in existing centres or local parades which is appropriate to their scale and function and not likely to harm the viability and vitality of Town or Local Centres. UDP / LDF Designation and London Plan The following UDP Policies are considered relevant to the application:- Part 1 Policies: S11 OE1 Service uses in Primary Shopping Areas Protection of the character and amenities of surrounding properties and the local area Part 2 Policies: Not applicable 6th May 2010 Advertisement and Site Notice 5. 5.1 Advertisement Expiry Date:- Not applicable 5.2 Site Notice Expiry Date:- 6. Consultations External Consultees 7 adjoining owner/occupiers have been consulted and a site notice has been placed on site. 1 letter of support has been received from the Mall (Pavilions). Thames Water: Thames Water recommends the installation of a properly maintained fat trap on all cateri ng 3.3 Relevant Planning History Comment on Relevant Planning History Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS 7.01 The principle of the development Paragraphs 8.24 of the adopted Hillingdon Unitary Development Plan (Saved Policies September 2007) defines primary shopping areas as the focus of retail activity in the centres and are either already generally dominated by retail shops or are areas which the Local Planning Authority considers have prime retail potential. Paragraph 8.26 states t hat as a guideline, the Council will normally seek to prevent a separation or an increase i n the separation of class A1 units of more than approximately 12m which is broadly the widt h of two typical shop fronts. Class A1 shops should remain the predominant use in primary areas and the Local Planning Authority will expect at least 70% of the frontage to be i n class A1 use. Policy S11 establishes the change of use from class A1 to non class A1 uses in pr imary frontages where there remains adequate retail facilities to accord with the character and function of the shopping centre in order to maintain the vitality and viability of t he town centre. The 2010 Shopping Survey update for Uxbridge Town Centre shows that 70.55% of the primary frontage falls within class A1 uses. The loss of the application proper ty, which, due to its corner location has two frontages, would reduce this to 70.49%, a total reduc tion of 0.06%. Therefore the proposal would not result in a reduction in the retail frontage of below 70% and it is not considered it would harm the vitality or viability of U xbridge Town Centre. It could be argued that the proposed unit would be ancillary to Marks and Spencer's much larger retail store opposite, and would enhance the viability of this m ajor retailer, which occupies one of the largest units within the Shopping Centre. In addi tion, given its association with a major retailer it is likely the unit would be leased on a long- term let which, it is considered would be positive given the current number of vac ant and temporarily let units within the centre. The application property lies at the corner of Market Square and Mercer Walk. The adjoining units, 31 Market Square and 1-3 Mercer Walk, are both retail units. It i s therefore considered that the proposed change of use to a non retail use would not result in a separation distance of more than 12m between retail units. On this basis, the proposed change of use would not result in an unacceptable concentration of non-retail uses to the detriment of the vitality and viability of the town centre. Internal Consultees Environmental Protection Unit: No objections subject to condition relating to hours of operation, plant equipment, deliver ies and litter. Officer comments: Given the location of the application property within the Pavil ions Shopping Centre, which has its own established opening hours and that there are no residential properties within the Centre, some of the above mentioned conditions are not relevant. 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 i nformation on the above is available in a leaflet, 'Best Management Practices for Catering Es tablishments' which can be requested by telephoning 020 8507 4321. MAIN PLANNING ISSUES 7. Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS 7.02 7.03 7.04 7.05 7.07 7.08 7.09 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 Density of the proposed development Impact on archaeology/CAs/LBs or Areas of Special Character Airport safeguarding Impact on the green belt Impact on the character & appearance of the area Impact on neighbours Living conditions for future occupiers Traffic impact, Car/cycle parking, pedestrian safety Urban design, access and security Disabled access Provision of affordable & special needs housing Trees, landscaping and Ecology Sustainable waste management Renewable energy / Sustainability Flooding or Drainage Issues Noise or Air Quality Issues Comments on Public Consultations Planning obligations Expediency of enforcement action Overall, it is considered that the proposed change of use will not harm the vitalit y and attractiveness of the Uxbridge Town Centre as a whole and would go some way to reinforce the viability of the Pavilions Shopping Centre. The proposed use will not r esult in a concentration of non-shop uses within this part of the Primary frontage and would comply with policy S11 of the adopted Hillingdon Unitary Development Plan (Saved Policies September 2007). This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. The external alterations as mentioned above do not form part of this application and therefore the proposal will not affect the appearance of the Centre. There are no residential properties within the Pavilions Shopping Centre and therefore the proposal will not affect residential amenity. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. This is not applicable to this application. There are no third party comments. This is not applicable to this application. Central & South Planning Committee - 13th July 2010 PART 1 - MEMBERS, PUBLIC & PRESS 7.22 Other Issues This is not applicable to this application. There are no other relevant issues. 8. Observations of the Borough Solicitor When making their decision, Members must have regard to all relevant planning legislation, regulations, guidance, circulars and Council policies. This wil l enable them to make an informed decision in respect of an application. In addition Members should note that the Human Rights Act 1998 (HRA 1998) makes it unlawful for the Council to act incompatibly with Convention rights. Decisions by the Committee must take account of the HRA 1998. Therefore, Members need to be aware of the fact that the HRA 1998 makes the European Convention on Human Rights (the Convention) directly applicable to the actions of public bodies in England and Wales. The specific parts of the Convention relevant to planning matters are Article 6 (rig ht to a fair hearing); Article 8 (right to respect for private and family life); Art icle 1 of the First Protocol (protection of property) and Article 14 (prohibition of discrimination). Article 6 deals with procedural fairness. If normal committee procedures are fol lowed, it is unlikely that this article will be breached. Article 1 of the First Protocol and Article 8 are not absolute rights and infri ngements of these rights protected under these are allowed in certain defined circumstances, for example where required by law. However any infringement must be proportionate, which means it must achieve a fair balance between the public interest and the private interest infringed and must not go beyond what is needed to achieve its objective. Article 14 states that the rights under the Convention shall be secured without discrimination on grounds of 'sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status'. 9. Observations of the Director of Finance This is not applicable to this application. 10. CONCLUSION For the reasons outlined above it is considered that the proposal would comply with the aforementioned policies of the adopted Hillingdon Unitary Development Plan Saved Policies (September 2007). Accordingly, this application is recommended for approval. 11. Reference Documents Adopted Hillingdon Unitary Development Plan (Saved Policies September 2007) Sonia Bowen 01895 250230 Contact Officer: Telephone No: LONDON BOROUGH OF HILLINGDON Planning & Community Services Civic Centre, Uxbridge, Middx. UB8 1UW Telephone No.: Uxbridge 250111 RR E R E R A UU 8 Our Lady of Lourdes 18 3 29 to 32 58 Grainge's Yard 140 141 48 1 3 150 38.7m Yard 53 Bank Hi gh Street 155 El Sub Sta Cock OSBORN ROAD Pant il e Walk 1 to 1 7 Mercer Walk 33 to 3 7 12 to 26 13 7 142 PH 5 10 Bennett's BELM ONT ROAD 48 St 42.4m Sh elter 19 to 26 9 to 12 (Multistorey) 4 to 8 27 59 to 61 45 to 38 14 High St reet M Char The Pavilions 2 TCB LB 138 43 139 Belmont House Bank 50 PO 9 152 PH 6 Und STR EET 157 159 to 161 PC 1 to 11 39 55 to 57 WINDSO R STREET 8 52 50 PH 15 4 148 W INDSOR 156 4 FB WAY 13 to 17 3 to 19 (Multistorey) Chequers Sq uare Westcombe House TCBs 44 53 151 49 LYNCH CLOSE Presby TRUMPER 4 Armstrong Hous e 36 to 38 Market Square 42 21a 12 PH 52a 7 9 5 158 29 CROS S STREET and St Michael Church 3 Telephone Exchange Shelter Crown Walk 2 to 1 6 Grainge's Car Park 28 26 to 38 6 Tower H ou se Midd lese x Hou se 41 20 18 17 54 39 to 40 14 8 Und 51 PH 5b to 4 Church Margaret's WINDS OR SREET 1:1,250 ´ July 2010 Site Address Notes For identification purposes only. © Crown Copyright. All rights reserved. London Borough of Hillingdon 100019283 2009 Site boundary This copy has been made by or with the authority of the Head of Committee Services pursuant to section 47 of the Copyright, Designs and Patents Act 1988 (the Act). Unless the Act provides a relevant exception to copyright. 32 Market Square Uxbridge 35737/APP/2010/705 Central And South Planning Application Ref: Planning Committee Date Scale