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Agenda item

Orange Square Farmers Market, Pimlico Road, London, SW1W 8NB

Minutes:

Use of open space between Ebury Street and Pimlico Road as weekly Saturday farmers' market with servicing hours from 7am - 3pm and trading hours from 9am - 2:05pm.

 

Additional representations were received from Councillor Murad Gassanly (17.10.2018) and London Farmers Markets Ltd (19.10.2018).

 

Late representations were received from Councillor David Harvey (30.10.2018) and The Belgravia Society (29.10.2018).

 

Councillor Murad Gassanly addressed the Committee in his capacity as a Ward Councillor in support of the application.

 

The presenting officer tabled the following revised recommendation with conditions:

 

Revised Recommendation:

 

1.    Do Member’s consider that the revised offer of a 7.30am start time for setting up is acceptable?

 

2.    Subject to 1, grant conditional permission for a temporary period of 5 years.

 

Recommended Conditions:

 

1.    Only London Farmers' Markets Ltd can carry out the market use.  No one else may benefit from this permission.

 

 

Reason: Because of the special circumstances of this case, we would not have granted planning permission to anyone other than London Farmers' Markets Ltd.  This is as set out in SS13 of our Unitary Development Plan, adopted January 2007.

 

 

2.    The market use allowed by this permission can continue until 31 October 2023.  After that the land must return to its previous condition and use.

 

 

Reason:

We cannot give you permanent permission as the area in question is, and is intended to remain, public highway and Section 130 (1) of the Highways Act 1980 states that "It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority". We also need to assess the effect of this activity regularly to make sure it meets S29 of Westminster's City Plan: Strategic Policies which we adopted in July 2016 and ENV 6 and ENV 13 of the Unitary Development Plan, adopted January 2007. For the above reasons, and not because this is seen a form of trial period, we can therefore only grant a temporary permission.

 

 

3.    Notwithstanding references in the documentation submitted with this application, you can use Orange Square for this purpose between 0730 and 1500 on Saturdays and not at any other times. Outside these hours the site shall be clear of all materials, produce, waste, spillages and equipment connected with the market.

 

 

Reason:

In order to reserve details of the days/ times for the operation of the market with the chosen market operator in order to safeguard the amenities of nearby residents as set out in S29 and S32 of Westminster's City Plan: Strategic Policies which we adopted in July 2016 and ENV6 and ENV13 of our Unitary Development Plan that we adopted in January 2007.

 

 

4.    You must store and dispose of waste and materials for recycling, make the storage available to all stallholders, and clean Orange Square between 1330 and 1500 on every Saturday the market is open.

 

 

Reason:

To protect the environment and provide suitable storage for waste as set out in S44 of Westminster's City Plan (November 2016) and ENV 12 of our Unitary Development Plan that we adopted in January 2007.  (R14BD)

 

 

5.    You must display a contact address and telephone number of London Farmers' Markets Ltd, and a contact number for the Market Manager at the site from 0730 to 1500 every Saturday the market is open.

 

 

Reason:

To provide visitors and people in neighbouring properties with contact details of the applicant, if they have any questions or complaints about the market.

 

 

6.    You must not allow any vehicles to mount or drive across the paved parts of Orange Square.

 

 

Reason:

To make sure that the paving, street furniture, trees and underground vaults are not damaged by vehicles visiting the site. This is in line with DES12 of our Unitary Development Plan, adopted January 2007.

 

 

7.    You must not clean the paving or the areas around the tree bases with any substances which would harm the future health of any tree in Orange Square.

 

 

Reason:

To make sure that trees are not damaged when Orange Square is cleaned. This is as set out in S38 of Westminster's City Plan (November 2016) and ENV16 of our Unitary Development Plan, adopted January 2007.

 

 

8.    You must not fix advertisements, signs or anything else to trees in Orange Square with nails or screws. You must remove any signs fixed with string by 1500 every Saturday the market is open.

 

 

Reason:

To make sure that trees are not damaged by items fixed to them. This is as set out in S38 of Westminster's City Plan (November 2016) and ENV16 of our Unitary Development Plan, adopted January 2007.

 

 

9.    You must not put any hot dog stalls, roast chestnut stalls or anything else that generates heat beneath any part of any tree in Orange Square.

 

 

Reason:

To make sure that trees in Orange Square are not damaged by heat. This is in line with  ENV16 of our Unitary Development Plan, adopted January 2007.

 

 

10.If any pruning or work to the trees in Orange Square is necessary, it must only be done by contractors working for us, under instructions given by us.

 

 

Reason:

To make sure that any work to the trees is absolutely necessary and is done properly. This is as set out in S38 of Westminster's City Plan (November 2016) and ENV16 of our Unitary Development Plan, adopted January 2007.

 

 

11.If any trees in Orange Square are damaged by stallholders, you must rectify the damage to our satisfaction and at your expense.

 

 

Reason:

To make sure that any damage to any trees is rectified and the future health of the trees is maintained. This is as set out in S38 of Westminster's City Plan (November 2016) and ENV16 of our Unitary Development Plan, adopted January 2007.

 

 

12.You must ensure that stallholders do not cook or heat food, or serve hot food from any stall at the market without first getting written approval from us.

 

 

Reason:

To make sure that trees in Orange Square are not damaged by heat. This is as set out in S38 of Westminster's City Plan (November 2016) and ENV16 of our Unitary Development Plan, adopted January 2007.

 

 

13.With the exception of the market operating hours set out in Condition 3, you must operate and manage the market in accordance with the approved Noise Prevention Procedure, the LFM Method Statement and Parking Arrangement plans.

 

 

Reason:

To protect the environment of the occupiers nearby residential properties in accordance with S29 of Westminster's City Plan: Strategic Policies which we adopted in July 2016 and ENV 6 and ENV 13 of the Unitary Development Plan, adopted January 2007.

 

 

RESOLVED UNANIMOUSLY:

 

1.            That it be agreed that the revised offer of a 7.30am start time for setting up is acceptable.

 

2.         That subject to 1, conditional permission for a temporary period of 5 years be granted as set out in the revised recommendation and conditions above.

Supporting documents: