Ms Caroline Ozor
Planning Department
London Borough of Hackney
1 Hillman Street
London
E8 1DY

24 March 2012

Dear Ms Ozor

Re: 229 Lower Clapton Road, E5 - Planning Application 2011/3486

I am writing on behalf of the Clapton Pond Neighbourhood Action Group to register some objections to the above planning application. 

At the same time I want to make it clear that we welcome the Ethopian Orthodox Church as the owner of the building and hope that we can all work together to make Clapton a better place. We realise the church has already been meeting in the area and has long local associations with Clapton. 

However, it is important that buildings in our area which have some architectural merit and community function are in some way preserved to the mutual satisfaction of concerned residents and owners and developers, and the benefit of future generations. 

We hope that the applicant will understand the following objections in that light. We are not objecting to either the applicant themselves or their intended function in the community of working to help alleviate social problems. 

1.	Change of Use

The planning application indicates that a change of use is sought from sui generis to class D1. However the building was formerly advertised for sale by Kalmars Estate Agents as "Building with D2 use for sale" . Also the details page for both planning application 2011/0365 in July 2011 and 2011/ 3486 in December 2011 on the LBH Planning Explorer site gives the existing land use as "Assembly and leisure, cinema, concert hall, dance hall, bingo hall", i.e. D2 use class - link to example given below::

http://apps.hackney.gov.uk/servapps/Northgate/PlanningExplorer/Generic/StdDetails.aspx?PT=Planning%20Applications%20On-Line&TYPE=PL/PlanningPK.xml&PARAM0=150759&XSLT=/servapps/Northgate/PlanningExplorer/SiteFiles/Skins/Hackney/xslt/PL/PLDetails.xslt&FT=Planning%20Application%20Details&PUBLIC=Y&XMLSIDE=&DAURI=PLANNING 

2.	Impact on the Clapton Pond Conservation Area

The designation of the Clapton Pond Conservation Area in 1969 reflected the value which the London Borough of Hackney and the local community placed on the unique historic character of the area surrounding Clapton Pond. When the Conservation Area was reviewed in 2004 its boundaries were extended, and it was decided that the former Clapton Cinematograph Theatre merited inclusion in the Conservation Area - see Clapton Conservation Area Appraisal section 5.4 "Buildings of Townscape Merit". The Conservation Area Appraisal indicated that the removal from the east facade of the modern canopy and panelling with illuminated signage associated with the Palace Pavilion would enhance its contribution to the historic streetscape. It was thus acknowledged that modern alterations and additions to the facade of the building acted to its detriment and that of the Conservation Area as a whole. The proposals for modern alterations and additions to the facade which are proposed by the planning application would do likewise.  It was to the great benefit of the building and to the Conservation Area that the Palace Pavilion elements of the facade were removed in 2011. 

The building's significance for the Conservation Area is that it is one of the earliest purpose-built cinemas in the country, dating from 1910. It pre-dates other London cinemas such as the Rio in Dalston, the Electric in Portobello Road, the Phoenix in Finchley and the Ritzy in Brixton which are considered to be of national significance by English Heritage. It is also identified as being of historical interest on the notice board in Clapton Pond gardens which provides information on the Conservation Area. It is described by English Heritage as being "typical of many of the early cinema designs with its narrow frontage, restricted entrance hall and passages through to the long, barrel-vaulted, auditorium with a proscenium arch enclosing the screen at the far end". In 2009 the false ceiling installed some decades earlier had a section removed to reveal Edwardian gilded swags decorating the original barrel-vaulted ceiling.. Cinema historian Dr Nicholas Hiley of Kent University is on record as saying of the building "Such survivals from the earliest days of cinema are rare and should be preserved as an important part of British social history".  

The changes to the building which are proposed in the planning application would involve radical alterations to the east facade, involving the addition of a coloured polycarbonate arch and dome, with tinted glazed units and aluminium framed windows. This would be entirely inappropriate in a Conservation Area, as would the proposed use of uPVC windows and extensive use of aluminum framed rooflights. It would also have a negative impact upon the listed St James's Church and the Victorian Buildings of Townscape Merit which are located adjacent to it..The sub-division of the interior, involving changing the original auditorium space, would act to the detriment of the historic character of the building as they would impact upon those elements of the building which defined its traditional use. 

The building occupies a prominent position at the gateway to the Conservation Area and is highly visible from a considerable distance away and from across Clapton Pond gardens. It therefore has an important role in defining the character of the Conservation Area. The alterations and additions proposed in the planning application would not respect and harmonise with the special character of their surroundings and would therefore have a negative impact upon the Conservation Area.

3. 	Residential Use

It is indicated on the planning application that a residential unit is proposed to accommodate a "key worker". The definition of a "key worker" is understood to be a public sector employee who is considered to provide an essential service, e.g  teachers, nurses, police officers, prison officers, probation officers, firefighters, social workers etc. However it is understood that the residential unit would be for the use of a church member who does not fall within the afore-mentioned categories. Also, the usage class proposed in the planning application is class D1 which is for non-residential institutions.

4.	Setting of a Listed Building

Core Strategy Policy 25 on the Historic Environment indicates that "The Council will use the planning processes to maintain the integrity and setting of listed buildings and the features they contain". 229 Lower Clapton Road is situated adjacent to St James's Church which is a Grade II listed building. As an important element in the setting of this listed building, it is essential that 229 retains its own integrity and features. These would be compromised by the modern alterations and additions to its facade proposed in the planning application. 

5. 	Precedent set by Appeal Decision in respect of 231 Lower Clapton Road

A planning application (2001/1029) in respect of 231 Lower Clapton Road, which has an existing leisure and assembly use, went to appeal in 2003. The Planning Inspector ruled that change of use to a residential development with subordinate uses consisting of A1/A2/A3 and B1 classes was not appropriate for the site. The Council's policy of seeking to retain existing arts, cultural and entertainment facilities was a significant factor in the Inspector's decision. This planning precedent is significant as 231 Lower Clapton Road is immediately adjacent to 229 Lower Clapton Road.  

Lower Clapton Road is identified in the Council's Core Strategy as a local commercial centre. CPNAG has taken the lead in establishing the Clapton Conference which seeks to develop the potential for the area around Clapton Pond to become a vibrant civic and cultural hub, and is currently working with the Council and the local community to prepare for a consultation exercise to inform a Planning Brief for the former Clapton Cinematograph Theatre and adjoining land. The area's existing and future role and its capacity for regenerative development should be a factor in deciding change of use, and it is essential that the vitality of this district centre and its capacity to retain uses which have a strong employment component and increase spending and visitor footfall be safeguarded.  Core Strategy Policy 13 seeks to "promote and encourage development of retail, office, community, leisure, entertainment facilities, recreation uses, arts, culture and tourism activities within its major and district centres". The change of use proposed in the planning application for 229 Lower Clapton Road would therefore be in conflict with the Council's Core Strategy in respect of A Dynamic and Creative Economy.

6.  	Impact upon Sense of Place

The Council's Core Strategy in respect of Spatial Portrait and Context states that "our approach is to plan for the places in Hackney to ensure we are place-making rather than plan-making." The traditional role of the former cinema in the cultural life of the local community for over a century, and the memories and associations which the building has for local people is an important part of their sense of place. It is a landmark building in the social and community sense.  

7.	Impact upon parking provision in the area

The planning application indicates that there would be no car parking provision. This would impact upon pressure on parking in the streets surrounding the Clapton Pond area, as the building is situated on a very busy Red Route which accommodates ten bus routes and is in regular use by delivery vehicles which serve the numerous retail outlets and businesses on Lower Clapton Road. At the rear of the site there are parking restrictions in force on Powell Road. The applicants point to the limited parking provision at the rear of the site, which is currently in use for staff, carers and disabled users of the Huddleston Centre. CPNAG would not support any reduction in parking provision for the Huddleston Centre. 

I would be grateful if the above points could be taken into consideration in determining the planning application for 229 Lower Clapton Road.

Yours sincerely

Ian Rathbone
On behalf of Clapton Pond Neighbourhood Action Group (CPNAG)

Cc Cllrs Oguzkanli, Muir, Russell, Nicholson; Julia Lafferty, Clapton Cinematograph Group (by email); Dave Rindl (by email); Clapton Conservation Area Advisory Committee (by email): Monica Blake, Hackney Society (by email); Randall McDonald, LBH Planning (by email); Tafari Lewis (by email); Graham Loveland, Ass Director Planning.