'Turn left at the kebab shop' - No. 2 York Way as gateway to Kings Cross

From neighbour Sean Murray

To re-cap. 2 York Way was a coffee shop and sandwich bar and is part of the Regent Quarter development. The lease changed hands and it's turned into a Kebab shop. The unit has broken planning regulations with the signage, has outstanding environmental concerns and has been trading illegally after 11pm.

The change of profile of this unit is a key issue as King's Cross becomes a better place to live, work and go out. It's the first unit people see as they exit London's largest transport interchange and head into the Islington side of King's Cross.

We can think of no other developments in central London that would allow this change of use. (N1 centre, Brunswick etc)

Update: The freeholders have confirmed the leaseholders have not got permission for the signage and they have been asked to remove it from the listed building. The freeholders have also advised the unit has applied for planning permission. We are now concerned they will gain approval without key stakeholders being consulted.

If you believe this small, yet high profile, unit should compliment the surrounding area and not attract more drunks, litter and anti social behaviour, please express your support by e-maling the planning officer at salah.kettani@islington.gov.uk cc'ing Andrew.Marx@islington.gov.uk ref case number E09/04644

Comments

[Matt]

Dear William

As much as I understand that you don’t want a Kebab shop as ‘gateway to Kings Cross’, please be aware that you’re dealing with somebody’s livelihood here in which they probably put a lot if not all of their money. Once their business adheres to all the business regulations (signage, opening hours and environmental requirements), they should be allowed (or rather must be allowed [legally]) to trade in this unit OR be given an alternative option (without or only a small cost of relocation).

I think your anger should rather be directed towards the people who would allow such a change of use… and they are also the key to resolving this. I’m sure you’ll find a senior person at the council who agrees that this was a foolish decision and can help initiate the relocation of this shop.

Best wishes,
Matt

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From: william
To: Matt

thanks matt - why not put this in the comments on the article

in a crowded urban environment we all have to get along together and that means businesses accepting that the way they present themselves have costs external to them that are born by the neighbouhood as a whole. the planning and licensing system internalises these costs.

on the cally road, just around the back of this block the community accepted a sex book shop mainly because they had a smart frontage that was a credit to the area and did not have a massive sex-type sign

copying to sean who is pursuing the issue

cheers
w

_________________________________________________
From: Matt
To: william

Hi William,

Thanks for your quick reply.

“that means businesses accepting that the way they present themselves” – I completely agree, that’s why I said once they adhere to signage (and all other) regulation they should be allowed to trade. Also, in terms of externalities born by the neighbourhood, let’s not forget the scale of the issue here: we are taking about a small privately owned kebab shop here not ‘big business’ – the effects on the neighbourhood is pretty much summed up in ‘we don’t really like the site and image of it’. On the other hand we are quite happy to accept a corporation like Tesco’s (on Caledonian Road) which REALLY erodes the variety and charm of our neighbourhood (doesn’t look like ‘K. C. Continental Stores’, ‘ATs Food & Wine’ or ‘Tony’s Organic Food Café’ are thriving?).

As requested, I added this to the comment section of the article.

Best wishes,
Matt

[Sean]

Hello all - Update.

Islington council planning have confirmed the unit has now removed the illuminated flag sign, have turned off the Facia sign and have also advised (They believe) the unit is *not* trading after 11pm.

They have also advised the leaseholders are applying for planning permission at the end of this month. They are not able to confirm what the unit is applying for. A good guess would be trading after 11pm and illuminated advertising / signage.

Anyone who contacts the planning officer with a concern over this unit will be notified of any planning change requests. The planning officer is Salah.Kettani@islington.gov.uk I will let the bulletin board know when I receive a copy of the application.

Our bigger concern is with the freeholder who has not responded to our question 'are they happy for this unit to trade as a kebab shop' The freeholder, La Salle, is the owner of most of Regent Quarter. We believe La Salle has a responsibility to ensure the business mix encourages investment and regeneration. As residents in Regent Quarter we continuing to contact the freeholder via our managing agents for their response.

[Paul Convery]

The issue here is not simply the hours of operation but the actual "use" of the premises. As Matt above remarks, the operator should "adhere to all the business regulations". Well, the operator doen't have a valid planning permission at all.

A permisison was last granted for these premises in 2006 for what is known in the jargon as "A3" use which is defined in the 1987 Use Class Order as "Restaurants and cafés - For the sale of food and drink for consumption on the premises - restaurants, snack bars and cafes". A takeaway kebab shop is a different use class - it's "A5" and which is defined as "Hot food takeaways - For the sale of hot food for consumption off the premises."

That's why the current business owner has recently submitted a planning application to try and regularise his operations. He wants to change the use, make alterations to the shopfront and be permitted to operate until 2am. I have just been told by the planning officers that the application "is incomplete and will therefore not be progressed". However, it is standard practice for the Council "to give an opportunity to applicants to submit further information in order to allow us to validate their applications." So I would expect that the application will be publicly notified sometime in the next 10 days or so.

Residents, adjoining businesses and other interested parties will then get a 3 week period in which to submit objections to (or support for) the application. If there are no objections or if the objectors' issues can be resolved by adding a "condition" then the decision will be taken under delegated authority (i.e. it does not have to go in front of the planning committee). As chairman of the planning committee, I have the authority to place this before the committee and I think this would be a proper course of action because it is a significant location and a kebab takeawy is (arguably) a use which does not enhance the locale.