The Planning Sub-Committee of Hackney Council met on Tuesday 22 March 2011, deciding on several planning applications. Key decisions included the refusal of planning permission for the Nightingale Estate Phase 7D development due to a lack of equivalent green space provision, the granting of temporary planning permission for a nightclub at 46-48 Kingsland Road, and the approval of a change of use for retail at 7 Chatham Works.

Nightingale Estate, Rendlesham Road, London, E5, Phase 7D

The committee refused planning permission for the erection of 18 new dwellings on the Nightingale Estate, Rendlesham Road, London, E5. The primary reason for refusal was the lack of equivalent green space provided to compensate for the loss of existing open space. Councillor Michael Desmond arrived during the discussion and therefore did not participate in the vote. The application had previously been refused on 9 March 2011, but was brought back due to new information regarding the re-provision of amenity green space. An addendum to the report included a plan showing an area of re-provided open space as part of Phase 4 development.

Objector Kevin Geoghegan raised concerns about the scheme reducing sunlight to neighbouring properties, lack of consultation, increased traffic congestion, and the insufficient provision of green space for children. Nancy Ghazi, Housing Renewal Manager, spoke in support, highlighting that the scheme would provide 8 family units with grant funding and that the amenity site was Council-owned.

Members expressed concerns about the masterplan for the Nightingale Estate Regeneration Programme, with Councillor Linda Smith specifically wishing to see new green space provided. It was clarified that the area in question was previously developed and is now derelict. The Sustainability, Urban Design and Conservation Manager, Margaret Gustafsson, was in attendance. The application was ultimately refused by a vote of 4 to 3, with Councillors Barry Buitekant, Susan Fajana-Thomas OBE, Katie Hanson, and Vincent Stops voting against the officer's recommendation, and Councillors Michael Levy, Ann Munn, and Linda Smith voting in support.

46-48 Kingsland Road, 431-434 Kingsland Viaduct & 1-3 Cotton's Gardens, London, E2

Planning permission was granted for the use of premises at 46-48 Kingsland Road, 431-434 Kingsland Viaduct & 1-3 Cotton's Gardens, London, E2, as a nightclub, but for a temporary period of 12 months. This decision was made after local residents raised concerns about inadequate consultation. The Head of Development Management, Femi Nwanze, explained that consultation letters had been issued in compliance with planning guidance, and the committee decided to proceed.

The premises had a complex history, with a previous grant of use as a nightclub and restaurant in 1997, followed by a refusal of a certificate of lawfulness for this use, which was upheld by a Planning Inspector. This left the premises without a designated lawful use, and there had been unlawful uses, including a recording studio and private parties.

Councillor Jonathan McShane, speaking on behalf of residents, objected to the scheme, citing insufficient time for residents to respond, a misunderstanding of the Inspector's conclusions, the proximity to residential properties, and a lack of confidence in the management's adherence to conditions. Other objectors, Roger Earle, Joe Cunnane, and Oliver Bullid, also raised concerns about notification, the lack of a lawful use, negative impacts on residents' amenity, and requested a deferral. They also highlighted issues with noise, the lack of double doors or a lobby, new housing in the vicinity, and the area already being saturated with late-night premises.

The committee agreed that a management plan and noise report would need to be submitted and agreed before the permission could commence, and that these conditions should return to the committee for approval. Councillor Michael Levy expressed concern about the submission of these documents, suggesting deferral. The decision was made to grant permission on a temporary basis for 12 months to monitor the applicant's adherence to conditions. Councillor Linda Smith voted against the application.

The permission was granted subject to ten conditions, including requirements for a noise report, a management plan, a waste management plan, details of plant installations, restricted hours of operation (10:00 to 00:00 Sunday-Wednesday, 10:00 to 02:00 Thursday-Saturday), restricted use of the external yard, no amplified music in the yard, and restricted access for patrons via Kingsland Road only.

7 Chatham Works, Chatham Place, London, E9 6LT

Planning permission was granted for a change of use of the ground floor of 7 Chatham Works, Chatham Place, London, E9 6LT, from light industrial (Class B1) to retail (Class A1), along with associated external alterations and hard landscaping. The decision was made unanimously, subject to conditions and a Section 106 Agreement.

An addendum to the report detailed the proposed economic package, including flexible workspace to be let at £12.50 per square foot, all-inclusive of service charges, rates, and building insurance. The first-floor plan was revised to reflect this. An email from the Centre of Excellence fully supported the development. Jeff Field spoke in support, noting that the property had been on the market for two years with no interest, and that the new business would employ between 60-70 people, requiring significant investment.

A condition was put in place restricting the ground floor to retail for clothing and clothing accessories (Use Class A1), with any change requiring committee approval. The shop front would be visible from Morning Lane, and bollards would be installed for safety. The car park would be removed to facilitate deliveries. Kevin Moore from the Hackney Society requested that the blue plaque be moved to the front of the building, which was agreed. The Chair also requested an informative be added to allow for an area on the ground floor for students to display their designs, which was also agreed.

The decision was subject to a Section 106 Agreement to secure highway and transportation improvements, including reinstatement and improvement of the footway, and to provide flexible workspace units at a discounted rent, with preferred tenants nominated by the Hackney College of Fashion Centre for Excellence. The reasons for approval cited contributions to addressing worklessness, improving business function, enhancing the area, and meeting business needs. Relevant policies from the Hackney Unitary Development Plan and Core Strategy were considered.

71 Greenwood Road, London, E8 1NT

Planning permission was unanimously granted for a change of use at 71 Greenwood Road, London, E8 1NT, from three flats to a single dwelling house, with minor external alterations to windows. The existing uPVC windows to the front elevation were to be replaced with timber sash windows, subject to a condition to secure the details of these windows. The decision was based on relevant policies from the Hackney Local Development Framework Core Strategy, including those on housing growth and density.

44 Eleanor Road, London, E8 1DN

Planning permission was unanimously granted for the erection of a single-storey rear extension at lower ground floor level to accommodate a dining room at 44 Eleanor Road, London, E8 1DN. The application was brought to the committee because the applicant was a council employee. Concern was raised that the extension could be used as a roof terrace, but it was confirmed that a condition was in place to prevent this, restricting the flat roof's use to means of escape in an emergency or for maintenance. The decision was made subject to conditions regarding the approval of external materials and the development being in accordance with submitted plans.

144 - 146 Lower Clapton Road, London, E5 0QJ

The committee unanimously resolved to discharge Condition 3 (details of bollards) of planning permission reference number 2010/1749, dated 04/11/2010, for the installation of six security bollards at 144 - 146 Lower Clapton Road, London, E5 0QJ.

The Tramshed, 32 Rivington Street, London, EC2A 3EQ

The application for The Tramshed, 32 Rivington Street, London, EC2A 3EQ, was withdrawn from the agenda at the request of the planning department.