PLANNING APPLICATION FOR A CHANGE OF USE
DESIGN AND ACCESS STATEMENT
Proposed change of use from A1 (Retail) to A1/A3 (Café) at
L'ETO Caffe, 149 Kings Road, London SW3 5TX
April 2013
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CONTENTS
1. Introduction
2. Proposed Development
3. Site and Surrounding Area
4. Planning History
5. Planning Policy Context
6. Assessment of the Proposal
7. Conclusion
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1. Introduction
1.1 The statement is submitted in support of a planning application made by L’ETO CAFFE.
The project is development of a high-class café/deli with the brand L’ETO aimed to
deliver top quality patisserie products, delicatessen and coffee to the local
neighbourhood of Kensington and Chelsea.
1.2 L’ETO prides itself on homemade and creative food and desserts of a very high quality
comprising a twist in backgrounds (beautifully combined Italian, French, Asian and
Eastern European cuisines). One of the most essential components of the café is the
dessert element – L’ETO’s feature is a long dessert/patisserie display facing that
window attracts passers- by and creates an active frontage.
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1.3 Over 60% of the sales across all branches in L’ETO are for takeaway and the premises
are considered an A1 use. Although the proposed café in Kings Road would operate in
largely the same way, the applicant wants to deliver an exceptionally high offer at this
site; given its location and the quality its future patrons would expect.
Whilst the food sold on premises will be prepared off-site in a central production kitchen
and no cooking will be performed on site, it is considered by the applicant that many
customers of this high class residential area would prefer to have their meal inside,
therefore likely introducing an element of restaurant (A3 use). The applicant would also
like extend the range of dishes; adding versatility and creating another exceptional and
unique cafe. Market analysis has identified that there is clear demand for a high-end
café of this nature in this location, and it would seek to complement the existing
specialist retail offer, attracting visitors to stay and shop for longer; and thus enhancing
the vitality and viability of this Shopping Frontage of Kings Road.
The premises would however largely appear as a food retail shop/café and would not
affect the surrounding use consistency of this part of Kings Road.
1.4 This Statement assesses the proposals against the policies in the Development
Plan and other material considerations, which are relevant to the determination of the
application and also outlines the proposed design and access. The Statement is
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structured as follows:

Section 2 - provides detail of the application proposals

Section 3 - describes the Site and surrounding context

Section 4 - details recent planning history

Section 5 - provides an overview of the principle national, regional and local
planning policy and guidance relevant to the assessment of the proposal

Section 6 - provides an assessment of the proposal against the provisions of the
Development Plan and other material considerations

Section 7 - concludes the findings of the assessment of the proposed
development.
2. Proposed Development
2.1 The application seeks planning permission for the change of use of 149 Kings Road
from a vacant retail unit (A1) to a mixed use (A1/A3).
3. Site and Surrounding Area
3.1 The premises are located on the eastern side of Southern Side of Kings Road and
comprise the ground floor and basement of 149 Kings Road. The premises are
currently vacant and form part of a mixed use building development comprising retail
(A1) on ground floor with residential (C3) units above. The site is located within the core
Kings Road/Primary Shopping Frontage and the Conservation Area.
3.2 The Site is adjacent to a retail unit with the residential entrance at number 151 to the
west and a retail store at number 147 to the east. The unit is located within Kings Road
(East) Primary Frontage
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4. Planning History
4.1 Archive References: H 16408
Property Card Number: 0464 228 00
Case 1 of 8: Conditional Permission 01/12/1971
History files and Advert Consents on the Property: CA 75/186 CA 81/008
Alterations to the shop front and the erection of a dutchblind.
Case 2 of 8: TP/80/1557 Conditional Permission 26/01/1981
The installation of a new shopfront.
Case 3 of 8: TP/82/0751 Conditional Permission 20/07/1982
Installation of a new shop front.
Case 4 of 8: TP/85/0342 Conditional Permission 01/05/1985
Application Received: 21/01/1985 Application Completed: 08/03/1985
Installation of a new shop front
Case 5 of 8: TP/87/1313 Refused 26/11/1987
Application Received: 27/06/1987 Application Completed: 03/07/1987
Erection of an additional storey to provide an additional flat
Case 6 of 8: TP/88/0552 Conditional Permission 25/04/1988
Application Received: 04/03/1988 Application Completed: 17/03/1988
Conversion of the 1st, 2nd, 3rd and 4th floors into 4 zone
bedroom self-contained flats and formation of roof access to rear of roof
Case 7 of 8: PP/05/1707 Conditional Permission 26/09/2005
Application Received: 05/08/2005 Application Completed: 08/08/2005
History files and Advert Consents on the Property: CA/99/1096 CA/05/1706
Installation of new shopfront
Case 8 of 8: PP/05/1708 Application Withdrawn 24/08/2005 Letter
Application Received: 08/08/2005 Application Completed: 08/08/2005
Placement of one table and two chairs outside shop during opening hours.
****WITHDRAWN BY APPLICANT'S LETTER DATED 24/08/2005****
4.2 The above planning history suggests that no previous change of use has been made to
the unit
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5. Planning Policy context
5.1. This Section of the Planning Statement outlines the relevant planning policy context
which will be considered in the determination of the application proposals. The planning
policy comprises three levels of adopted and emerging policy – national, regional and local.
Section 6 assesses the application proposal against the Development Plan documents
which comprise the adopted London Plan (2011), saved policies of the Royal Borough (RB)
of Kensington and Chelsea Unitary Development Plan (UDP, 2002) and the Core Strategy
(2010).
5.2. National planning policy is contained principally in planning policy guidance (PPG)
notes and statements (PPS); the most relevant in connection with this application is
Planning Policy Statement 4 (PPS4) – ‘Planning for Sustainable Economic Growth’ (2009),
It outlines that one of the Government’s principle objectives is to promote the vitality and
viability of town and other centres as important places for communities. To do this, the
Government wants new economic growth and development of main town centre uses to be
focused in existing centres, with the aim of offering a wide range of services to communities
in an attractive and safe environment. Policy EC4.1 seeks that local planning authorities
proactively plan to promote competitive town centre environments and provide consumer
choice by taking measures to conserve and, where appropriate, enhance the established
character and diversity of their town centres. 5.3. Regional policy is contained in the London Plan (adopted July 2011). As such it
provides the spatial strategy and policy context to guide development in London. It sets out
a wide range of policies, the most relevant to this application is Policy 2.15 ‘Town Centres’
which seeks to sustain and enhance the vitality and viability of town centres. RB Kensington and Chelsea Unitary Development Plan (UDP)
5.4. Part of the local development plan policies for the area is contained within the Royal
Borough of Kensington and Chelsea UDP (2002) and as amended September 2007. Under
the transitional arrangements of the Planning and Compulsory Purchase Act 2004, the
Secretary of State issued a Direction in September 2007 under paragraph 1(3) of schedule
8 to the Planning and Compulsory Purchase Act 2004, to extend the life of certain policies.
These “saved” policies form the adopted UDP for the Borough.
5.5.The most relevant policies comprise:
.
- To seek to maintain and improve the vitality, viability and function of
the shopping centres throughout the borough.
– To permit uses falling within use classes A2 and A3 in the non-core
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frontage of a principal shopping centre, subject to the following:
a) Any material increase in traffic or parking; or
b) Any material reduction in residential character or amenity including by smells or late
night noise
c) More than one third of the ground floor units in the relevant street frontage are
occupied by non-shop uses; or
d) There are more than three adjoining units at ground floor level in the same use class
as proposed; or
e) There is a break in the relevant ground floor frontage of more than three times the
average width of units in the non-core frontage of the centre.
RB Kensington and Chelsea Local Development Framework
5.6. In accordance with Planning and Compulsory Purchase Act 2004 requirements, the
Council continues to prepare its Local Development Framework (LDF). The LDF comprises
documents identified in the Local Development Scheme, including the Core Strategy,
Development Management Policies and Site Specific Allocations Document. The adopted
LDF documents will eventually replace the adopted UDP.
5.7. The Royal Borough of Kensington and Chelsea’s Core Strategy was adopted in March
2010 and forms part of the Development Plan policy. The Development Management
Policies Document and Site Specific Allocations Documents are still in the early stages of
preparation and are therefore not considered in further detail in this document.
5.8. The most notable Core Strategy policies relevant to this application comprise:
Policy CV15 - Vision for King's Road/Sloane Square in 2028
The King’s Road will not simply be like any other ‘successful’ high street. It will remain one of
London’s most iconic and vibrant shopping streets, containing a lively and diverse mix of shops,
restaurants, and world-class cultural attractions.
It will remain a place where one can shop in both independent boutiques and multiples; a place to
enjoy, to promenade, a place which meets the day-to-day needs of our residents; and a place to
experience some of the best theatre, concert and gallery events that London has to offer.
5.9. Section 6 of this Statement assesses the proposal against the relevant policies
contained within the Development Plan.
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6. Assessment of the Proposal
Introduction
. 6.1. Section 38(6) of the Planning and Compulsory Purchase Act 2004, requires proposals to be
determined in accordance with the Development Plan unless material considerations
indicate otherwise. The Development Plan relevant to this application comprises the
London Plan (July 2011), the ‘saved’ policies within the RB Kensington and Chelsea
Unitary Development Plan (UDP) (2002) and the Core Strategy (2010).
. 6.2. This section assesses the development proposals in light of the Development Plan and
other relevant national, regional and local planning policy guidance. Principle of the Use
and Planning Considerations
. 6.3. It is evident form the review of the relevant planning policy outlined above that, in principle,
the provision of a high-end café use (A1/A3) is appropriate in this shopping centre, as it is
considered an acceptable town centre use (retail) and the provision of the new use is retail
with a small restaurant element (seating inside). It is evident that the Development Plan
policy seeks to protect and where possible enhance the vitality and viability of shopping
centres. The Core Strategy identifies Kings Road as one of the Borough’s high order
centres and seeks to protect the character and shopping function of the centre.
. 6.4. The Site is located within the Kings Road East Primary Shopping Frontage and is currently
vacant. Although the proposed use will in dominantly function as an A1 use, it would be
considered an A3 use, as an element of customer seating for 40 people is included. The
proposal will provide a A1/A3 use that will complement the vast array of retail units on
Kings Road, encouraging shoppers to shop and stay for longer within the shopping
frontage. The proposal is therefore considered to add to the vitality and viability of the
centre; enhancing its high order character in accordance with Development Plan Policy,
most notable Saved Policy S6 of the RB Kensington and Chelsea UDP.
. 6.5. Core Strategy Policy CV16 ‘Vision for Kings Road/Sloane Square in 2028’ also specifically
states that the aspiration for Kings Road is that boutiques and premium quality retailers will
become a feature of the area. It is considered that the proposal meets the identified
aspirations of uses in Policy CV16, providing a high quality product which would meet the
needs of the local catchment.
. 6.6. The other notable local policies relevant to this application are saved policy S18 of the UDP
and Core Strategy Policies CF 3 ‘Diversity of uses within town centres’ and Policy CL5
‘Amenity’, the proposal is considered to accord with the aims of these policies and the
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majority of their specific criteria. Policy S18 and Policy CF 3 seek to permit town centre
uses falling within Class A2 and A3 in non-core frontage or a principle shopping centre
subject to these not being estate agents, bureau de change or hot food takeaways and a
number of environmental and retail character and function criteria. . 6.7. In terms of the environmental criteria it is considered that the proposal will not result in a
material increase in traffic or parking. Given the location of the proposal within a highly
accessible location, it is considered that the majority of patrons will be shopping in the
locality already and would not be expected to drive specifically to the Site.
As no cooking is to be performed on site and all of the foods will be prepared off site with
the purpose of selling it as a retail good neither an acoustic report nor ventilation and
extract statement are necessary for this application.
. 6.8. In terms of retail character and function criteria; the unit is situated within the street frontage
of 145-163 Kings Road, which comprises 12 units. One of them at no. 159 is a non-retail
use (café) uses, nine currently in retail use and two residential entrances at nos. 151 and
155A
6.10. Policy S18 (d) and CF3 also require that proposals do not result in more than 3
adjacent non-A1 ground floor units and therefore accords with this policy requirement.
Policy S18 (e) also seeks to avoid a break in the relevant ground floor frontage of more
than three times the average width of units in the non-core frontage of the centre. The
proposal accords with this requirement.
6.12. It has been demonstrated that the proposal will enhance the vitality and viability of
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the Kings Road Primary Shopping Frontage, and will not have a detrimental impact on
noise, smells or traffic generation and parking, nor will it result in 3 adjacent non-A1 ground
floor units. Measures to ensure the protection of the future use of this unit are also
suggested. The proposal will also assist the Council in meeting their aspirations for Kings
Road/Sloane Street District Centre, identified in Core Strategy Policy CV16; through the
provision of a high-end retailer. It can therefore be concluded that the proposed change of
use accords with the aims of the Development Plan policy.
6.13. The proposal seeks to maintain and enhance the character of Kings Road/Sloane
Street conservation area, by creating an active frontage and enhancing this vacant unit.
6.14. The proposed change of use does not require any alterations to be made to the
shopfront an application for advert consent for signage proposal will be submitted in due
course. The proposed alterations are minor in nature and are internal comprising the
operating nature of the unit inside (provision of seating). Please refer to the accompanying
drawings for additional information.
It is therefore considered that the proposal which will bring a vacant unit back into use and
will enhance the character of the Conservation Area and the Kings Road in accordance
with planning policy most notably Core Strategy Policies CV16 and CL3.
6.15. Access and servicing
The proposed access will remain as existing and in terms of refuse collection and servicing
arrangements, this is not proposed to alter from the existing and approved arrangements.
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7. Conclusion
7.1. It is considered that the proposal will make a better use of this vacant site and will provide a
use appropriate to this important district centre that will attract more shoppers and encourage them
to stay with this District Centre’s shopping frontage for longer. The proposal will therefore enhance
the vitality and viability of the Kings Road area and enhance the character of the conservation area
in accordance with the requirements of PPS4 and RB Kensington and Chelsea planning policy.
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