On the corner of Plough Yard and Bowl Court there is an empty plot of land full of weeds, litter and deep holes. This used to be a Victorian timber and steel framed warehouse much like the one still standing at number 6. However, 5 Bowl Court was demolished without consent.
Gamma City (now owned by Hammerson) applied for permission to knock down both of the warehouses Bowl Court, which is inside the Shoreditch High Street conservation area. In November 98 the council refused consent for the demolition of number 5 and likewise, permission was also denied for number 6. A year latter and the council was still ardent that there be no permission to demolish the buildings.
Undeterred, the owners tried again with an application that was granted in 2002 (application 2002/1061 see copy of the application and OS map). No letter referring to the decision of the planning board can be found in those case files. However, a thorough hunt of the council website revealed the document below which sheds some light on the matter.
Hammerson was given retrospective permission with conditions when the council found out that the building had been illegally knocked down. They expressed little concern over the loss of the building but rather fussed about the appearance of the empty plot and its hoardings. The conditions specified that Hammerson undertake to certain agreement relating to the remedial site treatment, ongoing use of the site and that the site be maintained in an orderly and tidy condition at all times. No further correspondence on these agreement could be found by us and it’s clear from the rubbish and dangerous holes that Hammerson have not been held to those conditions.
Planning Sub Committee –18.12.2006
ADDRESS: 1 Plough Yard / 5 – 8 Bowl Court.
APPLICATION NUMBER(S): Relating to conditions pursuant to application reference 2002/1061.
Covering letter from DP9 received 6th October 2006.
REPORT AUTHOR: Andrew Dillon. VALID DATE: 06/11/2002
APPLICANT: Hammersons plc, 10 Grosvenor Street London W1K 4BJ.
AGENT: DP9, Cassini House, 57 – 59 St James’s Street, London SW1A 1LD.
The removal of condition 2 of Conservation Area Consent reference 2002/1061 :
“The demolition works hereby permitted shall not be carried out otherwise than as part of the completion of development for which planning permission was granted on 11th November 2003 and such demolition and development shall be carried out without interruption and in complete accordance with the plans referred to in this consent and any subsequent approval of details”
RECOMMENDATION SUMMARY: REMOVE CONDITION SUBJECT TO INCLUSION OF NEW CONDITION. ANALYSIS INFORMATION
Conservation Area YES (Shoreditch High Street Conservation Area).
Listed Building (Statutory) NO
Listed Building (Local) NO
Defined Employment Area YES
OFFICERS VARIATION REPORT
1.1 The Planning Committee at their meeting of 11 November 2003 resolved that Planning Permission and Conservation Area Consent be granted subject to conditions and the applicant entering into a planning agreement pursuant to Section 106 of the Town and Country Planning Act and Section 278 of the Highways Act 1980. Please note that the original planning report is attached.
1.2 As the Section 106 Agreement has not been engrossed planning permission is yet to be granted. Subsequent to the resolution of the Planning Committee in 2003 and the preparation of the a draft Section 106 Agreement the applicant has requested that condition 2 of the planning permission be removed. Consequently this variation report has been prepared to seek Members endorsement for these proposed changes.
2.0 SITE DESCRIPTION
1. The site is located at the rear of Shoreditch High Street, fronting Bowl Court. To the north of the site is Plough Yard, which is a narrow road connecting with Shoreditch High Street. To the east of the site fronting Shoreditch High Street are four and five storey Victorian properties, which are in commercial use at ground floor level, with a mixture of residential, commercial/ offices uses on upper storeys. A railway viaduct is located to the west of the site.
2. The site previously accommodated two buildings (5 & 6 Bowl Court, surrounded by open areas used for car parking. One of these buildings (5 Bowl Court) has subsequently been demolished and this part of the site is screened off by hoardings.
3. RELEVANT HISTORY
1. 2002/0954 – Erection of 5 storey and 6 storey buildings and conversion of existing 4 storey building with roof extension at 4th floor level to provide 2647sqm of office (Class B1) floorspace and 4 x 2 bedroom flats together with basement parking for 8 cars – Approved (Subject to conditions and completion of s106 agreement) – November 2003. The S106 agreement has not been signed to date and the development has not been implemented.
2. 2002/1061 – Conservation Area Consent for the demolition of 5 Bowl Court (pursuant to the above application) – Approved (Subject to Conditions) – November 2003.
3. Planning and Conservation Area Consent was refused for the demolition of the existing building for office and residential uses on 11th and 17th May 1999 and 1998 respectively. The applicant appealed against the council’s decision and both appeals were dismissed in April 2000.
4.0 CONSERVATION IMPLICATIONS
4.1 The site is located within the Shoreditch High Street Conservation Area.
4.1 Date Statutory Consultation Period Started (Reconsultation):
4.2 Site Notice: No
4.3 Press Notice: No
5.5 23 neighbouring occupiers consulted. One letter of objection
received. Issues raised include:
o Condition prevents building being demolished except as part of a redevelopment of the site, providing control over the future development of the site.
o Adjacent building was previously demolished and is now used as a car park.
HACKNEY UNITARY DEVELOPMENT PLAN
EQ1 – Development requirements
EQ12 – Protection of Conservation Areas
E2 – Development within Defined Employment Areas
E5 – Retention of sites and Floorspace within Employment Areas
E18 – Planning Standards
7.1 The Planning Sub Committee resolved in November 2003 to grant Conservation Area Consent (Ref: 2002/1061) for the demolition of 5 Bowl Court subject to conditions. Condition 2 of the draft planning permission states that; ‘The demolition works hereby permitted shall not be carried out otherwise than as part of the completion of development for which planning permission was granted on 11th November 2003 and such demolition and development shall be carried out without interruption and in complete accordance with the plans referred to in this consent and any subsequent approval of details’.
2. The S106 concerning the full planning application (2002/0954) was never signed, as such no final decision has been issued in relation to both the full planning and the conservation area consent applications.
3. Subsequently the land owner “Gamma City Developments Limited” proceeded to demolish number 5 Bowl Court due to problems with Squatters. This demolition does not benefit from planning permission.
4. Gamma City Developments Ltd have recently been bought by Hammersons plc. Hammersons plc have brought this matter to our attention (no enforcement complaint has ever been received) and wish to regularise the planning situation to avoid the possibility of future enforcement action by the council. Hammersons are currently drawing up future plans for the site and do not intend to progress with planning application 2002/0954.
5. The Inspector dealing with the previous appeals on this site concluded that number 6 Bowl Court was of sufficient architectural merit to warrant its retention, but raised no objection to the demolition of number 5 Bowl Court. The same position was taken by the Planning Sub Committee in November 2003.
6. Given that the Council has not previously raised any objection to the demolition of number 5 Bowl Court, it is not considered expedient or appropriate to require the re-erection of number 5 Bowl Court. It is also not possible to require the owner of the site to complete and implement planning permission 2002/0954.
7.7 Notwithstanding this, it is important that the Council, retains control over the appearance of the site, to minimise any adverse impact on the character and appearance of the Shoreditch High Street Conservation Area. It is considered that the best way of achieving this aim, is to attach an alternative condition requiring details to be submitted and approved concerning remedial site treatment, hoardings and use.
8.1 It is considered that in the circumstances, the most approiate course of action is to grant retrospective Conservation Area Consent for the demolition of 5 Bowl Court, substituting Condition 2 for an alternative condition requiring details of proposed hoardings and temporary site treatment.
9.1 That members resolve to agree the removal of condition 2 of Conservation Area Consent Reference 2002/1061 subject to the inclusion of and the following condition:
10.1 Within 3 months of the date of this approval, detailed drawings/full particulars of the proposed development showing the matters set out below must be submitted to and approved in writing by the Local Planning Authority. Such details to be implemented in accordance with a timescale to be agreed in writing by the Local Planning Authority to comprise:
* Details of proposed boundary enclosure, such as hoardings.
* Details of proposed remedial site treatment.
* Details of proposed temporary uses of site.
In addition, the site at all times, shall be maintained in an orderly and tidy condition.
REASON: To ensure the site is kept in a secure and tidy condition so as to safeguard environmental and visual amenity in the Shoreditch High Street Conservation area.
CORPORATE DIRECTOR, NEIGBOURHOODS AND REGENERATION