Planning Sub Committee A - Thursday, 25th April, 2024 7.30 pm

April 25, 2024 View on council website Watch video of meeting Watch video of meeting
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Summary

The Planning Subcommittee unanimously resolved to grant planning permission subject to conditions for the change of use of Unit ST-2 at 21 Parkfield Street from Use Class E to Use Class E and/or Class B8 to allow for the operation of a dark supermarket, for the storage and distribution of grocery goods, with associated parking. The committee added further conditions to the officer's recommendation in order to ensure greater management of the site's operation and its impact on the amenity of nearby residents. These included the submission of details of the welfare facilities provided for staff and the provision of a designated point of contact for residents to raise any concerns with the management of the unit before the commencement of its operation. After one year of operation the applicant will also be required to submit a new delivery and servicing plan, operational management plan and transport statement including real trip data.

The Proposed Development

The application site sits within the basement level of the Angel Central Shopping Centre. Unit ST2, which has a floorspace of 365sq.m, has been vacant since the shopping centre’s regeneration completed in 2019. The unit has no street frontage, is not overlooked, and is not naturally lit. The proposal would convert the unit into a dark supermarket, for the exclusive use of online grocery shopping, with goods delivered to customers using only pedal bikes or e-bikes. The applicant estimated that the site would employ six members of staff, with up to fourteen delivery drivers using the site. There would be no customer access to the site.

The unit would be serviced from Angel Central’s service yard, which is accessed from Parkfield Street. The unit would also provide a pick up point for drivers, and nine cycle parking spaces, within the shopping centre’s basement level car park. This car park is accessed by a ramp from Parkfield Street.

The applicant proposed that the dark supermarket operate between 7:00am and 11:00pm, seven days a week, with deliveries to the site limited to between 8:00am and 10:00pm, Monday to Saturday. They predicted that the site would generate a maximum of 170 delivery trips per day and that the busiest times would be on Friday and Saturday evenings between 9:00pm and 11:00pm.

Residents' Concerns

Residents of Bromfield Street, the nearest residential street to the site, objected to the application on the grounds of noise and disturbance. They reported that they had already experienced significant disturbance from deliveries to the Angel Central Shopping Centre and that these deliveries frequently took place outside the permitted hours. They also objected to the increased traffic that the development would generate and that this would increase congestion and danger on local roads.

The Committee's Concerns

The committee shared residents' concerns, and, while broadly supportive of the principle of the development, felt that the applicant had not adequately addressed the potential for noise and disturbance. They acknowledged that this was a relatively new type of business and that there was a need for greater oversight and management in the early stages of the operation.

The committee also questioned the robustness of the applicant's traffic assessments, given that they relied on data from similar operators rather than on direct experience of this particular site.

Councillor Clark said, It's really obvious that this is a highly congested area already, that there are five supermarkets serving that immediate vicinity and this is an added, it's going to be an added impact on the residential area around it. I agree with you, Chair, about making this management plan and reviewing it in a year. I think that's a good thing to ask for, but I really, and the other point you've made, so I just think that we need to be really conscious that there's a stress point now on that area and that we really need to be listening to the residents and to be as has been proposed, but that we don't want too much extra stress on that point in that area.

Existing Disturbance

The committee was informed that the Angel Central Shopping Centre currently benefits from a PTAL rating1 of 6A. This means that the site benefits from excellent provision of public transport. Despite this, the centre has a large service yard with vehicle access from Parkfield Street. The committee was told that deliveries to the site often took place outside the permitted hours, and that residents' concerns about these breaches had not been addressed. The applicant's assertion that Parkfield Street receives a relatively low level of traffic was challenged by both residents and the committee.

Councillor Diarmaid Ward said, The applicant made the point that, oh, it's a, you know, it's very low traffic. Well, that's what we want in this, actually, that is exactly what we want, low traffic neighbourhoods, so I would really, you know, if we could put into your traffic management that we would encourage, we'd like to encourage electric vehicles and no HDVs, if we could put that in, you know, see how that is going at the end of that year, that would be good. And the point about the employees is welcome, that these careers are going to be direct employees of the company, can we put that in as well, that we want to make sure that those people are employed on good terms and conditions at the end of that year.

Councillor North, noting the applicant's and officers' confirmation that delivery and servicing outside the permitted hours was in breach of the existing planning permission, said, it's absolutely something I've made a note of it and I'm going to raise you with our planning enforcement team tomorrow. If there's hours in place there that they should be doing it by and they're exceeding that and it's clear evidence of it, we will do something about it.

Employment and Working Conditions

The applicant stated that the development would create jobs and that these jobs would be subject to at least the London Living Wage. They also asserted that the quality of the working environment within the unit would meet all relevant health and safety guidelines.

The committee acknowledged the jobs created by the development, but expressed concern that this was a poor quality working environment and a relatively low standard of employment.

Councillor Hannah McKew said, I haven't been convinced that there's a very clear grasp on how these management plans are going to be introduced and monitored, so I would hope that, should this be approved, there would be a consultation ongoing, either with the Chair or some representative, to make sure that these management plans actually do end up looking sensible and are going to be enforced carefully and closely.

The Decision

The committee unanimously approved the officer's recommendation to grant planning permission subject to conditions, but added further conditions in order to address their concerns. These related to:

  • Welfare facilities: A condition requiring the applicant to submit an amended operational management plan, detailing the welfare facilities provided for staff, before the unit's operation commences.
  • Point of contact: A condition requiring the applicant to provide a single, named point of contact for residents to raise concerns about the management of the unit.
  • Review after one year: A condition requiring the submission of a new delivery and servicing plan, operational management plan and transport statement after one year of operation. This will include real trip data and will be used to ensure that the operation is being managed responsibly and is not causing a detrimental impact on residents.

Councillor North, summing up the committee's decision, said, Given these concerns, I think there are some conditions that we can suggest to strengthen, so I particularly would like to see a condition that the officer mentioned around stipulating of welfare facilities for staff both working within the unit and those riders who are collecting from the unit. I also would like to pick up Councillor McKew's point around having a single named point of contact for residents if there are any concerns around the operation of the unit. But I think coming back to the transport point, given it's a new and growing use, I'm really concerned that the figures that we're basing, the trip generation figures, may not be robust given it's relatively new, so I'm considering whether we should look at conditions that would require a new transport statement and perhaps even a new OMP and delivery and servicing plan to be submitted and approved by the planning authority after one year of operation, just so we can have absolute certainty that if we give this permission or recommendation this evening, then we do have a full back position if the operation does not run as we would expect with the high standards that we expect in order to mitigate impact on residents.


  1. A PTAL, or Public Transport Accessibility Level, is a measure of how well a site is served by public transport. PTAL ratings range from 1a (very poor) to 6b (excellent).