Commercial kitchen and delivery centre at Unit 5, Roman Way Industrial Estate, Roman Way, Islington

What was proposed

The retrospective application sought to retain a commercial kitchen and delivery centre, roof and wall extraction equipment, and extended operating hours.

“The application seeks retrospective planning permission for a change of use from Light Industrial (B1(c)) to Commercial Kitchen and Delivery Centre (Sui Generis) including the installation of external plant and external alterations, including extract plant / flues on the roof of the property, and alterations to the previously approved hours of operation to include Sundays and Bank Holidays, from 07:00 to 23:00 hours.”

“The plant extract, although projecting above the roof, would neither harm the character of the local area nor the host building given the wider context. It would not harm the setting of the adjacent conservation area.”

Officer report

The site and surroundings

The site is a 295-square-metre industrial unit within a Locally Significant Industrial Site, near housing, railway lines and a conservation area.

“The application site is an industrial unit, known as ‘Unit 5’, located centrally within the Roman Way Industrial Estate, which is designated as a Locally Significant Industrial Site (LSIS). It is a single storey (with mezzanine) terraced unit facing onto the central access road through the industrial estate comprising 295 sqm of floorspace.”

“The site is within 50m of the Barnsbury Conservation Area which extends to the south and east of the industrial estate. Nos. 31-67 Offord Road, which back onto the industrial estate to the south, are locally listed.”

Officer report

Earlier permissions and enforcement

Earlier decisions included refusal of a lawful-use certificate, an enforcement appeal granting temporary permission, and permanent permission for a neighbouring dark kitchen.

“P2021/3211/COL: Certificate of Lawful Use (Existing Use) for the use of Unit 5, Roman Way Industrial Estate, 149 Roman Way, N7 8XH for the purposes of any uses falling within Use Class E. Refusal of permission on 14/03/2022 for the following reason:”

“REASON: Due to condition (10) of planning permission granted on 8 September 1981 (81/678), restricting the use of the premises to light or general industrial uses only and not for any other purpose (including warehousing), the use of the unit for purposes of any other uses falling within use Class E is not lawful and this application for a certificate of lawfulness should fail. It is therefore considered that this application for a certificate of lawfulness should be refused.”

Officer report

What officers recommended

Officers recommended approval because the use was akin to industrial use and would not harm the industrial estate, conservation area, neighbours or highways with conditions.

“A number of representations have been received raising concern regarding the use seeking to be retained and its appropriateness and lawful inclusion within the estate given the permission for industrial uses only.”

“As noted above, the proposed use would be akin to an industrial use and would provide employment opportunities. Importantly, the Inspector in relation to the commercial kitchen and delivery at Unit 4 stated (at paragraph 43 of appeal decision APP/V5570/C/18/3201989) ‘the use would not have a detrimental impact on the area’s primary economic function’.”

Officer report

What people said

Fifty-one objections raised concerns about land use, extraction, noise, odour, air quality, cumulative impacts, Sunday operation, rider behaviour and highway safety.

“Residential Amenity - There has been no independent pollution or odour testing for Unit 5 and reliance on data from another unit is misleading (9.34) - Change of use to hours of operation are in clear breach of the original planning guidance and restrictions on the estate which are there to protect neighbours (9.45-9.47) - Cumulative impacts from both Unit 4 and Unit 5 operating / do not want more food units within the estate (9.33, 9.64) - Sundays and Bank Holidays plus for…”

“Highway Safety - General concern with highway safety (9.75-9.81) - The operation relies on mopeds (9.78) - Rider conduct, driving speed (9.82-9.84) - Higher volume of traffic associated with e-bikes and motorbikes in recent times (9.79) - Report(s) of close collision between pedestrian and rider (9.84) - Offord Street gate closure and near misses adjacent Overground access (9.84-9.86) - Accessing the Overground station is dangerous (9.87) - There are no warning signs in…”

Officer report

Who spoke

The ward councillor objected on residents’ behalf, while the applicant said the submitted assessments addressed the concerns and similar permissions had been considered.

What members discussed

Members questioned cooking arrangements, fire safety, ventilation, delivery vehicles, access controls, complaints handling, the timing of the management plan and sustainable deliveries.

“Members of the Committee raised a range of detailed questions to the applicant regarding the operation and management of the site. The applicant clarified that the facility would not be used for their own cooking but would instead provide kitchen spaces for small, independent food businesses offering a variety of cuisines.”

“Members also sought assurances on the timing of the Operational Management Plan (OMP), with the applicant indicating willingness to submit this earlier than originally proposed. Planning officers advised that technical assessments demonstrated no unacceptable impact in terms of noise, air quality, or transport, and highlighted that the recommended conditions, including restrictions on Sunday and bank holiday use, would introduce greater control over the site than currently…”

Minutes

The vote

A motion to approve the application with conditions and additional amendments was agreed unanimously.

“The committee deliberated on the application and moved motions to amend the Conditions and informatives as follows:”

“Cllr North moved to approve the planning application subject to conditions and the addition of the conditions and informatives above. Cllr Kates seconded. This was agreed by a unanimous vote…”

Minutes

What was decided

Planning permission was granted subject to the report’s conditions and informatives, with an earlier management plan and further requirements on access, electric vehicles and complaints responses.

“That following consideration of the case officer’s report (the assessment and recommendations therein), the presentation to Committee, submitted representations at this meeting, planning permission be granted subject to the conditions and informatives set out in Appendix 1 of the officer report and the addition of conditions set out above.”

Minutes