Wandsworth Council's Planning Applications Committee has deferred a decision on the proposed change of use for Arch 79 in Battersea Park Ward, citing concerns raised by residents and the late submission of crucial documentation. The application sought permission to transform the railway arch into a food and drink establishment, a local community use space, and a drinking establishment with expanded food provision. It also included a retrospective element, requesting permission for the retention of an aluminium-framed glazed shopfront.
Significant debate centred on resident concerns regarding noise, nuisance, anti-social behaviour, and late-night operations. Objectors highlighted perceived deficiencies in the applicant's noise assessments and called for a full reassessment of potential impacts. The proposed opening hours for the food and drink and drinking establishment uses are Sunday to Thursday, 8am to 11pm, and Friday and Saturday, 8am to midnight.
Arch 79 was previously granted temporary planning permission for a Class D2 fitness studio use for a limited two-year period under application reference 2019/4077, which expired on June 22, 2023. Concerns regarding noise, nuisance, anti-social behaviour, and late-night operation were raised by residents in response to the current application.
A legal advisor, Duncan Moore, recommended deferring the decision due to the late arrival of a 60-page report and its peer review. Mr. Moore expressed concern that committee members had not had sufficient time to consider the environmental health officer's views on this documentation, stating that members had not had a proper opportunity to consider the environmental health officer's views on this peer review.
The environmental health officer's views on the late documentation were noted in the late items paper. The officer reviewed the peer review and commented on it, particularly referencing policy BS 4142 in relation to the assessment of the seating area. They advised that a predicted noise level of 57 decibels was presented within the noise assessment, and that a paragraph within the applicant's submitted noise assessment referred to a figure of 50 decibels, which is one decibel below the established background level and would therefore be expected to result in no adverse impact on neighbouring residents.
To mitigate noise and nuisance, the applicant has proposed several measures. These include a Noise Management Plan (Condition 13), restrictions on opening hours (Sunday to Thursday from 8am to 11pm, and Friday to Saturday from 8am to midnight), and a curfew on the use of the external seating area from 10am to 8pm, after which time tables and chairs would be folded up and packed away. The applicant also committed to the installation of a sound limiting device to ensure noise levels do not exceed specified maximum limits, and included conditions relating to the treatment of fumes and odours (Condition 8) and external lighting (Condition 12). Furthermore, the applicant stated they would engage operators to restrict dockless e-bikes in the immediate access road to prevent street clutter and congregation.
Councillor Ravi Govindia, Chair of the Committee, proposed deferring the item to the July meeting to allow for full consideration of the late documentation. This motion was seconded and carried.
If the application for Arch 79 is eventually approved, the council might impose several conditions. These include temporary permission for a limited period of two years, after which the use must cease and return to its previous B2 use unless otherwise agreed in writing by the Local Planning Authority. This is to safeguard amenities and allow for monitoring. Other conditions include adherence to approved drawings, specifications, and reports; restrictions on customer opening hours; a curfew on the external seating area; submission and approval of a Flood Emergency Plan and details for proposed refuse stores prior to commencement of use; provision and retention of five cycle parking spaces; submission and approval of details for the treatment of fumes and odours generated from food preparation prior to the preparation of hot food; implementation in accordance with the Noise Assessment, Noise Management Plan, and Premises Licence & Operating Schedule; implementation in accordance with the approved Flood Risk Assessment and Waste Management Plan; and submission and approval of details for any external lighting scheme prior to installation, designed to minimise light spillage.
