Agenda item

The presenting officer highlighted that this is an application for the change of use and conversion of the ground floor unit from A1 retain to a residential unit and alterations to the shop front. The property is located on the eastern side of Tyrwhitt road, in the Brockley Conservation Area and is subject to an Article 4 Direction. It is a three-storey Victorian property with retail unit at the ground floor that operated as an off-licence shop and has been vacant since July 2017. There are some existing shops nearby on Loampit Hill.

It is proposed to convert the retail unit to a two-bedroom flat at the ground floor with an extension to the rear. A front yard would be established with boundary treatment. The first and second floors are proposed to remain as existing with only window replacements. At the front elevation, elements of the traditional shopfront would be retained and restored with some obscured glass inserted.

The application received 2 objections, 1 from a local resident and 1 from The Brockley Society in regards lack of justification for change of use and loss of employment.

The presenting officer outlined that the applicant did not submit marketing evidence, but they submitted a viability statement to justify the loss of the retail unit and on balance it is considered acceptable to justify the change of use. In regards to design, reinstating timber sash windows is an improvement, the front boundary treatment would be in keeping with local character, the standard of the accommodation is good and there would be no negative impact on neighbours.

Cllr Johnston-Franklin recalled that the property was under offer for a long time, so it could have been a restriction for people who may have wanted to occupy it as a business in that very viable situation.

The presenting officer clarified that they only have confirmation that the occupiers were out of business for some time.

Cllr Adefiranye pointed out that Tyrwhitt road is a residential road in the Brockley Conservation Area and that this proposal would be harmful, front wall details should be looked at in more detail and that Brockley Society is one of the biggest consultees for the Council and they were concerned about loss of employment.

The presenting officer clarified that it is officer’s opinion that the proposed front boundary treatment fits in well with existing properties but it is possible to condition some of those details.

Cllr Kelleher shared concerns raised with Cllr Johnston-Franklin and asked for clarification on a large garden behind and if access is restricted.

The presenting officer showed drawings and Cllr Clarke (Chair) confirmed that there is no garden, it is an outdoor space.

The committee received verbal representations on behalf of the applicant, Jo Townshend, architect and agent of Mr and Ms Patel who own the building for 30 years and they have an ongoing interest in the property. They are aware of community concerns, they have worked with officers to redesign the proposal from the first application. Hard work was put in to be respectful of the tradition of the shopfront and providing what would be someone’s home. The previous occupier who was leasing the property had struggled with viability, they tried to market the property and it wasn’t considered to be viable. They consider that DM 16 relates to a parade of shops and this is one shop sitting on its own, behind the main busy parade, where most successful shops are and it doesn’t attract the same level of interest. There is a shop on the corner that has been empty and has a much better location. The application would provide good quality accommodation in the area with a good PTAL rating.

Cllr Rathbone raised a question on how many commercial agents were approached to market the property. The agent did not have an answer.

Cllr Adefiranye raised concerns on the fact that the original scheme had a solid wall and brick panels, and it is replaced with railings and that the location of cycle storage and bins has moved.

Cllr Clarke (Chair) pointed out that there is a viability report and even viable businesses can close, and this property appears not to be too far from the parade to be considered isolated.

The agent clarified that the unit was an off-licence shop, and that new retail stores had taken away trade from the property and that the corner property has been empty for a long time.

Cllr Clarke (Chair) pointed out that it is difficult to discuss the corner property as there is no sufficient information.

The committee received verbal representations on behalf of the Brockley Society, Clare Cowen, the chair of the Society who asked for refusal of the change of use and that there is nothing to indicate that this property has been properly marketed. The proposed boundary treatment is acceptable as are the upstairs windows changed to sash windows. The area is dependent on these shops on the outskirts. The corner shop will be a deli, the owner confirmed it will be opened by Christmas. The whole area is going through changes with new developments and units like this are an asset to the community. The Victorian shopfront cannot be used as a residential front.

Cllr Anwar commented that no one will close their shop if it is making money and that residential rent is much lower than commercial rent.

Cllr Rathbone pointed out that the current business is not viable and it has not been marketed and proposed to defer this application so that the applicant can provide more viability justification.

Legal officer Kheng Chau clarified that officers recognized that the property was not marketed and consultations were carried out as a departure.

Cllr Clarke (Chair) pointed out that main issues here are loss of retail, loss of employment, change of use.

Cllr Johnston-Franklin went back to the point of assumption of viability, as there is development of viable businesses in the area.

Cllr Adefiranye stated that it is more rewarding to create jobs and that there is no proof that sufficient effort was made to market this property and proposed this application to be rejected, or to defer for additional proof of marketing.

Cllr Bourne drew attention to the fact that focus on employment is irrelevant if a property has been empty for a year and that property owners would know what they can or cannot do.

Cllr Clarke (Chair) asked if a motion to suspend standing orders could be moved. Cllr Rathbone moved to suspend standing orders. Cllr Kelleher seconded. Standing orders were suspended at 9.59pm.

Cllr Copley moved the vote for the application to be rejected for lack of marketing and loss of retail unit. This was seconded by Cllr Johnston-Franklin.

Members voted as follows:

For: Councillors Copley, Johnston-Franklin, Adefiranye, Clarke (Chair), Kelleher, Rathbone

Against: Anwar, Bourne, Muldoon, Paschoud

RESOLVED: Refuse application DC/17/104231 for change of use from retail unit (Class A1) to residential unit (Class C3) for reason of loss of commercial space and employment.