Planning Committee: 28 September 2011 Schedule Item: 05

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Planning Committee: 2
8
th

September 2011

Schedule Item: 05

Page
1

of
10





Ref

:

P/2011/2611



Address:

57 NEW BROADWAY EALING W5 5AH



Ward:

Ealing Broadway



Proposal:

Installation of replacement shopfront to front
and side retractable canopy and external
seating area



Drawing numbers:

Site Location Plan, 864/S/001 Rev
B, 864/P/001
Rev D, 864/P/002 Rev C (Received 08/08/2011)



Type of Application:

Full Application



Application Received:

15/06/2011

Revised:





Report by: Rebecca Corrigan




Executive Summary:




Recommendation:
Grant with conditions



The application
proposal seeks to replace the existing shopfront with a
contemporary design, featuring hardwood frames and frameless glass
incorporating fold back doors to facilitate a proposed ‘eating out’ zone to the front
of the premises fronting Uxbridge Road, W5. Th
e western elevation would in
part contain two large glazing panels of similar design however these would
remain securely fixed shut and no additional seating area is proposed.

Ealing Town Centre Conservation Area Panel and Conservation Area Officer
raise

objections to the proposal on the basis that
the plans do not conform to the
Ealing Town Centre Shopfront Guidance.

In the context of its heritage setting, the shopfronts contemporary appearance is
at odds with the preferred traditional design principle
s as set out within Ealing
Town Centre Shopfront Design Guidance however this should not necessarily
negate a contemporary design aesthetic.

Recommendation:

Recommendation:
Grant with conditions

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Conditions/Reasons



Time limit


3 Years

1. The developme
nt permitted shall be begun before the expiration of three years
from the date of this permission.

REASON: In order to comply with the provisions of the Town and Country
Planning Act 1990 (as amended).

Approved Drawings

2. The development hereby approved s
hall be carried out in accordance with
drawing title number(s) 864/S/001 Rev B, 864/P/001 Rev D, 864/P/002 Rev C,
unless otherwise agreed in writing by the local Planning Authority.

REASON: In the interest of proper planning.



Informatives



1. The decisi
on to grant planning permission has been taken having regard to the
policies and proposals in the Adopted Ealing Unitary Development Plan and to all
relevant material considerations including Supplementary Planning Guidance:



Unitary Development Plan:



4
.1 Design for Development

4.3 Inclusive Design


Access for all

4.7 Locally Listed Buildings with Façade Value and Incidental Features

4.8 Conservation Areas

4.10 Commercial Frontages and Advertisement signs



Supplementary Planning Guidance/Documents



S
PG7 Accessible Ealing



Unadopted Planning Guidance



Ealing Town Centre Conservation Area Appraisal (2009)

Ealing Town Centre Management Plan (2009)



Ealing Town Centre Shopfront Design Guidance



In reaching the decision to grant permission, specific c
onsideration was given to
the impact of the proposed development on the amenities of neighbouring
properties and on the character of the surrounding area as a whole. The proposal
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is considered acceptable on these grounds, and it is not considered that ther
e
are any other material considerations in this case that would warrant a refusal of
the application.



2. The Council's Environmental Health Service has powers to control noise and
disturbance during buildings works. It considers that normal and reasonab
le
working hours for building sites are 8.00 am to 6.00 pm Monday to Friday, from
8.00 am to 1.00 pm on Saturday and not at all on Sunday or Public Holidays. If
any activities take place on the site beyond these times which give rise to noise
audible outs
ide the site the Council is likely to take action requiring these
activities to cease.






Site Description:



The site is located on the south side of New Broadway on a corner site at the
junction with the old Empire Cinema. The site is occupied by a fo
ur storey
building with commercial frontage on the ground floor facing Uxbridge Road with
office accommodation above. The footprint of the building covers the entire plot
with no external space within the boundary of the site. The commercial premises
occ
upies both the ground and first floor level and was originally granted
permission for class A3 restaurant use in 1994. It is currently trading as The Thai
Restaurant. The upper floors (third and fourth floors) are utilized as office
accommodation.



Th
e site is located within the Ealing Town Centre Conservation Area. The
parade in which the premises is located is not listed but it is designated as a
Building with Façade Value. New Broadway is located within a Controlled
Parking Zone (CPZ). The street
scene is characterised by a mix of
commercial/retail premises at ground floor level and residential/office use above.



The site is located within the Ealing Town Centre as defined on the Proposals
Map of the adopted Ealing Unitary Development Plan (2004
). The nature of
surrounding development is predominantly retail with residential or storage uses
above to the east, with predominantly office uses to the west. To the rear the site
abuts the construction site of the old Empire Cinema.




The Proposal:



The application proposal seeks to replace the existing shopfront with a
contemporary design, featuring hardwood frames and frameless glass
incorporating fold back doors to facilitate a proposed ‘eating out’ zone to the front
of the premises fronting Uxbrid
ge Road, W5. The western elevation would in
part contain two large glazing panels of similar design, however these would
remain securely fixed shut and no additional seating area is proposed.



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The glazing panels and doors would have a height of 3.27m,
separated at the top
with hung casement fanlights. There would be one mullion and one transom bar
(to support the fanlight) located to the front (north) and side (west) elevation. An
internal entrance lobby would be located to the front of the premises t
owards the
western corner.



The replacement awning would sit above the fanlight and below the fascia sign
and have a projecting height from ground floor level of 2.4m.



Advertisement Consent application reference P/2011/2611 dated 15/06/2011
gave pe
rmission for the installation of one non illuminated projecting sign in
association with this application.




Relevant Planning History





Ref:

Date:

Proposal:

Decision:

02580/11

13
-
10
-
1994

Change of use from bank (class
A2) to restaurant (class A3) on

ground and first floors and
residential on second floors

Granted,
conditionally

02580/13

04
-
08
-
1998

Retention of shopfront



Granted,
conditionally

P/2007/4746

18
-
01
-
2008

Installation of new uPVC box
sash frames and windows to
residential units.



Ref
used

P/2010/3830

09
-
11
-
2010

Replacement shopfront;
installation of retractable awning
and external seating area



Refused

P/2010/3831

09
-
11
-
2010

Installation of internally lit
projecting box sign



Refused

P/2011/2613

10
-
08
-
2011

Installation of one no
n illuminated
projecting sign (Advertisement
Consent)

Granted,
conditionally





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Consultation:



Public Consultation
-

Summary



Neighbour
Notification:

Initiated on the 29
th

June 2011(expired on 20
th

July 2011) 23 surrounding
residential and commercia
l occupiers notified.



No responses received to public consultation





Advertised
Local Press:

In the local press and by a site notice on the 8
th

July 2011 (Expired on the 29
th

July 2011



No responses received to press and site notice






External

Consultation List



Ealing BID
Company Ltd



No comments received

Walpole
Residents
Association



No comments received

Ealing Green
& Town
Centre
Conservation
Area Panel

The panel objects because the plans do not conform to the Shopfront Design
Guid
ance, and would refer to our original concerns of our panel report of 8
th

October 2010



Comments from 8
th

October 2010 for planning application P/2010/3830



The design is bland and faceless and not in keeping with the conservation
area. There are particu
lar concerns as to the single panel fold back window.



Officers comments



Please refer to reasoned justification below






Internal Consultation List



Conservation
Area Officer



Objection to the proposal



We would need proof/ justification submitt
ed with the planning application that
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the frameless windows are suitable for outdoor use.



The fan lights above the door could be just one un
-
openable fan light with a

thinner transom. Ideally the transom would be thinner all the way across, but
we unders
tand this may be required to hold the frameless window.



Officer response



The applicant has demonstrated that the proposed frameless glass door
system is external grade.



The openable fanlights are functional in terms of fresh air intake. The transom
i
s structural and it will be difficult to make it any thinner than illustrated.



Ealing
Access
Officer

No response received





Planning Policies:





National Planning Policies



PPS1

Delivering Sustainable Development





Unitary Development Plan
‘Saved’ Policies



4.1

Design for Development

4.3

Inclusive Design


Access for all

4.7

Locally Listed Buildings, Buildings with Façade Value and Incidental
Features

4.8

Conservation Areas

4.10

Commercial Frontages and Advertising Signs





Supple
mentary Planning Guidance/Documents



SPG7

Accessible Ealing





Unadopted Planning Guidance



Ealing Town Centre Conservation Area Appraisal (2009)

Ealing Town Centre Management Plan (2009)



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Ealing Town Centre Shopfront Design Guidance







Reasoned J
ustification:




All planning decisions are based upon planning policies contained within the
Council’s Adopted Unitary Development Plan ‘Plan for the Environment’ 2004
and related guidance, and any other material considerations. The main concerns
in deci
ding whether to grant permission in this case are:





The principle of the replacement shopfront and associated awning



Design of development



Impact on Heritage



Impact on residential amenities of adjoining properties



Accessibility





Principle of the Propos
ed Development



The site is located within Ealing Town Centre as shown on the UDP Adopted
Proposals Map. The premises is located on a retail/commercial throughfare.



UDP Policy 4.1 (Design for Development) states that high standards of urban
developm
ent are expected in all development, ensuring that schemes reflect the
best elements of the character of the surrounding area, or have sufficient and
distinctive merit that adds to the character and appearance of the area.



Polices 4.7 and 4.10 stipulat
e that alterations to/or new shopfronts should be of
high quality design. This requires the proposal to provided some continuity with
the existing frontage. The retention of incidental features will also be encouraged.



In relation to conservation area
s, policy 4.8 states that new development will be
permitted provided that it is well related to the existing character of the area in
terms of its historic and architectural quality. Ealing Town Centre Shopfront
Design Guidance advises on the use of tradi
tional features such as stallrises,
fanlights, cornice, pilasters and console brackets.



Whilst the proposed contemporary design does not include all of these features it
is considered that the shopfront is of a high quality design that fulfils the broa
der
aims of polices contained within the Unitary Development Plan. In the context of
its heritage setting, the shopfronts contemporary appearance is at odds with the
preferred traditional design principles as set out within Ealing Town Centre
Shopfront De
sign Guidance. However, this should not necessarily negate a
contemporary design aesthetic.



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Design of the Development



The shopfront design guidance advises to look at the block within which the
shopfront sits. For a consistent approach it recomm
ends to look at the areas
around the shopfronts just above and to both sides, to create some continuity
through redecoration within the common areas before looking at the individual
shopfronts.



The site is located next the derelict site of the Empire Ci
nema which is currently
an eyesore on the existing streetscene. The parade in which the restaurant is
located is described as a parade with façade value, however compared to
nos
15
-
31 New Broadway, which is locally listed and reflects the architectural
la
nguage of many other very distinguished façade patterns of red brick buildings
in the CA, the subject parade is of relatively plain design in comparison. The
commercial premises on the ground floor comprise of very poor later addition
shopfronts which inc
lude the Iceland chain and Pizza Hut. For this reason it is
considered that the location of the restaurant, which is positioned between the
chain stores to the east and the derelict cinema site to the west, would allow it to
depart from the favoured tradi
tional design principles and welcome a
contemporary design that would lift this western section of the Ealing Town
Centre Conservation Area and be an improvement to the current frontage.



In addition the Ealing Town Centre Conservation Area Management P
lan pg 4,
states ‘
Contemporary and Modernist styles are entirely acceptable if they are
high in quality and provided that they remain sympathetic in the context and
towards the host building and/or other neighbouring buildings.



Given the above, the shopf
ront is considered to be acceptable as an alternative
contemporary treatment. It would feature hardwood frames and frameless glass
bi folding doors which would facilitate the ‘eating out’ area. In terms of its overall
appearance there are a number of ele
ments that accord to the shopfront design
guidance. These include the height of the glazing panels which sit below the
original line of the fascia panel with fanlights located to the top of the glazing
panels; the construction of the frame from traditiona
l timber materials and the
retention of the existing pilaster, console bracket and corbel. In addition, an
associated advertisement consent has been granted which fullfills all of the
requirements of the Shopfront Design Guidance in terms of fascia size,
traditional
materials and external lighting.



Having assessed the shopfront in context of its setting it is considered that the
contemporary design of the shopfront is acceptable in this instance and its
design would contribute successfully to the appear
ance of the parade, without
detracting from its façade value and would enhance the character and
appearance of the Ealing Town Centre Conservation Area.



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Impact on Heritage



It is recognized that modern shopfronts and signage in many cases spoil the
o
verall appearance of many fine Victorian and Edwardian buildings located within
the Conservation Area. However, in this instance the proposal in considered
acceptable. The site is located on the outer edge of one of the three main
thoroughfares within th
e Conservation Area. In terms of development, these
thoroughfares and in particular the Uxbridge Road, tend to be more modern in
nature than the smaller traditional streets of Bond Street. The purpose of the
modern bi
-
folding doors is to accommodate an e
ating out zone which can be
accommodated by the depth of the pavement along this road. Other examples of
alfresco dining are evident on the opposite side of New Broadway and at Pizza
Hut and this arrangement is considered to contribute to the vitality of
the Town
Centre. For this reason, the proposed is considered to be inkeeping with the
general pattern of development and established character of the western section
of Ealing Town Centre Conservation Area, and therefore consistent with the
broader aims o
f policies 4.1 & 4.8 of the UPD.



In addition, the demolition of the Empire Cinema has been detrimental to the
appearance of the streetscene. It is considered that the proposed shopfront and
associated external dining area would be a positive contribut
ion to the
enhancement of the Ealing Town Centre Conservation Area consistent with
policy 4.8 of the UDP and associated Conservation Area Management Plan
(2009)



Impact on residential amenities of adjoining properties



In relation to residential amenity,

a number of residential units are located within
the upper floor levels of the parade however only office accommodation is
situated directly above the premises. These units are located at a satisfactory
distance from the premises to ensure that current l
iving conditions in terms of
privacy or noise and light pollution would remain unaffected by the proposal,
consistent with polices 4.1 & 4.10 of the UDP



Accessibility



The proposed shop front would improve disabled access by providing level
access with

a door width of 1m in accordance with UDP policy 4.3 and SPG 7









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Conclusion



Ealing Town Centre Shopfront Guide encourages the enhancement of the
appearance of shopfronts. It is considered that the proposed modern glazed
shopfront is in keeping
with the general pattern of development towards the
western section of Ealing Town Centre Conservation Area. It would contribute to
the vitality of the Town Centre and preserve and enhance the appearance of the
Conservation Area and therefore comply with
the general principles as set out
within policies 4.1, 4.3, 4.7, 4.8 & 4.10 of the adopted Unitary Development Plan,
‘Plan for the Environment’ (2004).





Human Rights Act:



In making your decision, you should be aware of and take into account any impli
cations that
may arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public
authority such as the London Borough of Ealing to act in a manner, which is incompatible
with the European Convention on Human Rights.



Approval

You are ref
erred specifically to Article 8 (right to respect for private and family
life), Article 1 of the First Protocol (protection of property). It is not considered that the
recommendation for approval of the grant of permission in this case interferes with loca
l
residents’ right to respect for their private and family life, home and correspondence, except
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