Agenda item

It was MOVED, SECONDED and RESOLVED that:

The application submitted under Section 73 of the Town & Country Planning Act 1990 (as amended) for a Minor Material Amendment in connection with the planning permission DC/21/121756 dated 19 August 2021 to allow a variation of Conditions 2 and 5 to extend the operating hours until 4:00 pm, extend operating days of the market to also include Saturday and to extend closing down and removal hours until 6pm at Blackheath Station Car Park (Farmers Market), SE3

Be approved, subject to the conditions set out in the report

The officer gave an illustrative presentation of the application. The proposal was for a Minor Material Amendment in connection with the planning permission DC/21/121756 dated 19 August 2021 to allow a variation of Conditions 2 and 5 to extend the operating hours until 4:00 pm, extend operating days of the market to also include Saturday and to extend closing down and removal hours until 6pm at Blackheath Station Car Park (Farmers Market), SE3. Background Papers: (1) Submission Drawings (2) Submission technical reports and supporting document.

The main planning considerations were: Principle of Development; Urban Design; Transport Impact; Living Conditions of Neighbouring Properties. The officer stated that the proposed conditions were considered sufficient to prevent any harmful impacts on any of the considerations.

It was the officer recommendation that the application was approved.

It was asked that of the overall viability of market i.e. extended opening hours- how much of that is a consideration for the Committee. The Planning Officer responded that they have considered this positive land use, but this is not a planning consideration.

The agent for the application made the following points: the site is an existing carpark. 35 car parking spaces holds the market between the times 10am and 2pm. The market was first established in 2001. The proposal seeks to extend hours from 2-4pm on Saturdays in addition to Sundays. The time allocated to close down the market would be between 4-6pm. This would provide locals with choice and grant opportunities for vendors. There is emphasis on making the market a success and traders will use these hours to its full capacity. This will result in enhanced market for the community and will make the market more vibrant. She stated it would grant more flexibility and strengthen overall the Blackheath village. It could also potentially create jobs. The proposed application also meets the objectives of sustainable development.

It was asked by Members if traders would be able to leave after 2pm as they did or if they were obligated to work all hours. The applicant responded that there was flexibility to work their own hours. After approval the decision would go back to store-holders to make a further decision regarding the hours they would work.

The applicant was also asked to address noise objections, to which she responded that noise impact was covered in the officer’s report. She said the market had been running for 20 years with no major issues- they do not see how one extra day will cause any more noise than usual.

The objector raised the following points: the issues arising from the 7th condition from planning officer’s proposal- he stated this condition would restrict the applicant to operate in accordance with the London Farmers Market. Their group had been advised by the London Farmers Markets they do not favour 2 day markets. There is also not enough demand for a 2 day operation to make them viable. Lewisham Council’s website promotes other farmers markets, none of which operate for 2 days. Under LFM rules, no traders would allowed to leave the site before final trading hours. Even so, the stores are packed tightly so hard to get out. Meat and fish sellers will be affected by this the most as they are limited to 4 hours of operation. An assessment of this application is needed before it is approved.

The Planning Officer responded to these points stating that a lot of the matters raised are about the commercial use and not the land use so are not material considerations for the Committee. The key consideration is the land use, and by extended hours of operation allows greater flexibility in terms of the use for the space. He continued that condition 7 relates to the goods and products to be sold so is not the rules of the LFM. If it was found that the range of goods sold went beyond what was reasonably expected to be sold, as defined in condition 7, enforcement action against the market would be able to be taken.

After discussing the proposal, Members moved to vote on the application.

It was MOVED, SECONDED and RESOLVED to approve the application.