Community campaign defeats developer's plan to turn a public open space into a "gloomy and unattractive environment"

Following another energetic community campaign, a Planning Inspector has once again rejected a planning application for a development which would overshadow and dominate the open space adjoining Colvestone Primary School used by its nursery class. This is the fourth time the developers' schemes have been rejected.

Kids, Mums and Dads celebrate the first campaign win to "Save our Sunlight"

The first application was granted in 2015 but was overturned by a judicial review brought by local campaigner Judith Watt because the consultant's report provided misleading advice about the extent of overshadowing. Hackney spent fortunes trying to defend its decision despite knowing of the error.

Grade II heritage listed Colvestone Primary School

Hackney failed to make a decision on the second development application in 2020, by new owners but for an identical scheme. Following detailed community objections by OPEN Dalston and others, the planning inspector rejected the developer's appeal.

This image shows the proposed rear wall of the scheme stretching across the southern boundary of the open space 

The current application was refused by Hackney in January 2023.  OPEN Dalston and many others made detailed objections - due to the scheme's overshadowing and overbearance. Unusually, the Mayor of Hackney also wrote an objection.

This artists impression shows how the scheme would dominate the school environment

The Inspector has found that the scheme proposed was "stark and overdominant" and "unneighbourly". He rejected the developers claim that the retained sunlight was adequate because it would exceed the BRE Guidelines minimum requirement that 50% of an open space should  receive an annual average of at least 2 hours sunlight each day. The Inspector agreed with our representations that whether the retained sunlight was adequate depended upon the particular context, not a mathematical formula, and that an open space for children has a greater requirement for generous sunlight. The overall effect of the development, he said, would make " a gloomy and unattractive environment for users of the outdoor space "

The developer implied that these considerations were now irrelevant because Hackney has recently deemed Colvestone Primary School redundant for educational purposes. The Inspector disagreed by finding that because of the building's  Grade II heritage listing, and its designation in August 2021 as an Asset of Community Value (AVC), there remained the "significant possibility that the building and outdoor space will be retained in their current form." (We had successfully applied for it to be an ACV in 2021. Ed.) 

On dismissing the appeal the Inspector remarked "it may be that the site could be developed in a manner that would not have the same degree of impact on the site of the school, albeit with a reduced amount of space or form of accommodation." Perhaps the developer might now take this hint and present a more modest proposal, albeit with a reduced profit.

This good news is tempered by the fact that although it won the appeal Hackney was ordered to pay part of the developers legal costs. Hackney had refused permission on the additional ground that there would be no access for builders because Colvestone School has since 2021 been planned to become a "21st Century Street" inaccessible to vehicles. However the Inspectors own site visit had shown that simply nothing had progressed  (Despite Hackney spending huge design consultants fees on its Big Idea. Ed.) so it was totally unreasonable for Hackney not to negotiate conditions for builder's access.

Say No! to building slums of the future in Ridley Road Shopping Village

The off-shore developer, Larochette Real Estate Inc, based in the British Virgin Islands secretive tax haven, has applied for Hackney's prior approval to convert part of the second floor of the Ridley Road Shopping Village, which it owns, into 8 sub-standard studio flats for market rent with no affordable  accommodation .

This architect's drawing shows the proposed studio flats for which prior approval from Hackney is sought

You can see the developer's "prior approval" application on Hackney's website and, by scrolling down to "Representations", you can make on-line objections here.  It will only take 5 minutes - just say "I object" and give your reasons. You can also email objections to  planning@hackney.gov.uk  We urge you to do so - numbers count! You can read our reasons for objection here. 

Some of the proposed studio flats do not even meet the minimum space, and none will meet the minimum noise, standards. The only windows are all south facing, and so are subject to full solar heat gain, and they overlook the noisy market and railway line. The market's operations start at 6am set-up and clear-up continues until 7pm, and the neighbouring Market Bar has a 3am license at weekends. Nevertheless the developer's acoustic consultant advised that secondary glazing would ensure that minimum noise levels in the flats are achieved. However there will be no adequate means for natural ventilation without keeping the windows open to try and achieve a healthy living environment.

The Shopping Village has been the subject of a long standing community campaign to retain existing uses, including the upper floors of the Shopping Village as affordable studios for artists and creative businesses. In December 2019 the building was designated as an Asset of Community Value by the Council, following a community application. The Council found that the building's use, by artists and creative businesses on the upper floors and independent traders and market storage on the lower floors, served the community's interests and well being. Larochette had dropped its earlier application to convert the whole building into luxury flats and offices. Then some 60 artists were evicted to enable its refurbisment. 

Following the recent refurbishments, the cultural benefits and community interest were damaged by the Council's own Market Services taking part of the first floor for its offices. Further damage will occur if part of the second floor is now approved for conversion into studio flats. 

Ridley Road is a key town centre site but full planning permission is not required for the conversion from offices to residential because Hackney failed to protect Ridley Road's business uses as part of its "Article 4 Direction". The developer now only needs Hackney's "prior approval". 

This Sunday May 5th watch "Legacy In the Dust: The Four Aces Story" - a film screening at the Rio Cinema in Dalston at 2.15 - 4.45pm.

"Legacy In the Dust: The Four Aces Story" is a rarely screened but fascinating and authentic account of Dalston Lane's legendary Four Aces reggae club. Another great film by Winstan Whittar. The timing of this screening could not be more poignant following the funeral of Newton Dunbar last Tuesday in the 'Cathedral of the East End' - St Mark's church, Dalston. Newton was the club's founder and its sole proprietor from 1966 until 1999. He features strongly in the film.

Legacy In The Dust: The Four Aces Story TRAILER from Winstan Whitter Filmmaker on Vimeo.

Rio Film Tickets link: https://www.riocinema.org.uk/movie/legacy-in-the-dust-the-four-aces-story-qa/

For over 30 years the Four Aces had showcased international stars of black music in Dalston's historic Victorian circus and theatre buildings. But, as redevelopment plans for the site emerged, the slates above Newton's flat and the theatre's roof coverings were removed. The club was evicted in 1999 by compulsory purchase but Hackney Council and TfL's deal for their the town centre scheme fell through.

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The buildings then became increasingly derelict. There was community outcry against the destruction of our local cultural and architectural legacy. Newton Dunbar was a key witness in OPENDalston's Court proceedings, against Hackney Council and the GLA's London Development Agency, opposing its replacement by the Dalston Square scheme, but the buildings were eventually demolished in 2007

  

The eventual redevelopment of Dalston Square involved the scandalously expensive and publicly subsidised £63million concrete Slab  spanning over the railway cutting. There was almost complete absence of "genuinely affordable" housing - despite all the land being in public ownership. (Sounds familiar? Ed.)

In recent years the development has been characterised by shops which have never been occupied and  being endlessly shrouded in scaffolding for the replacement of cladding and other works due to sub-standard construction. (or, as Hackney and TfL had promised at the time, a development "of the highest architectural quality")

But the memory of Dalston's rich African Caribbean, and especially Jamaican, cultural legacy lives on in Winstan's film, in the Peace Mural, in Sir Collins emerging archive and, we hope, in some memorial artworks to be sited in Dalston Square's Blues Street ( Presently being discussed with Hackney Council Ed.)

RIP Newton Dunbar

Many will know and remember Newton as the founder in 1966 and, for the following 33 years, the proprietor of the legendary club Four Aces at 12 Dalston Lane. The club became one of the first venues to promote black music in the United Kingdom. It was credited with playing a significant role in the evolution of Reggae, from Ska, to Rocksteady, to Dub, to Lovers, to Dancehall and so on into the early evolution of Jungle and DnB.

Many acts from JA made their U.K debut there, among them Desmond Dekker, Jimmy Cliff, Alton Ellis, Prince Buster etc, as well as many U.S soul Giants including Jimmy Ruffin, Ann Peebles, Percy Sledge and so forth - not taking into account his support and promotion of the fledgling U.K Sound systems, Count Shelly/Sir Coxsone/Jah Shaka and countless others.

 

 "Save our heritage"

We remember also Newton for his important contribution in the battle to try and save Dalston's legacy as a centre for black music and the heritage buildings in which the Four Aces Club had its home. Newton features in Winstan Whitter's film "Save our heritage" which tells that story.

Newton always worked hard towards and supported the promotion of creative positivity and in the course of his lifetime achieved SO much. So now with his passing let's see if we can give the gentleman the kind of send-off he deserves and at the same time see if we can't persuade Hackney Council to finally remember and honour exactly the kind of Musical Pioneer who did so much towards making this Borough the "Cultural Hot-spot" it likes to view itself as nowadays.

You can contribute to Newton's "send off" here. Dig deep for our local legend!