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!

Who tore down #SaveRidleyRoad's public art work "Timeline of Resistance"?

#SaveRidleyRoad's public art work "Timeline of Resistance" was produced as part of the E8 Art and Craft Trail when local artists and makers exhibit work in their studios and publicly.  "Timeline of Resistance" extended over 6 metres, with original graphics, photos, text and a planned design. It was a collaborative work, curated and assembled by hands. It told a local community's story (Probably a global one too Ed.) of the last five years resisting evictions of traders and artists, the development of luxury flats and the gentrification of the Ridley Road Shopping Village indoor market. A film has been made of the public art works' creation. Here is the film's trailer:

The "Timeline of Resistance" had been exhibited along the builder's hoardings, fronting the Ridley Road Shopping Village which is still undergoing refurbishment by its off-shore owner Larochette. 

At 5am on Friday 8th December, #SaveRidleyRoad's public art work was torn down and removed in a van marked Hackney Cleansing. It is believed to have been taken away to be burned in Edmonton's Incinerator. ( I never even knew Hackney had a Cultural Cleansing team! Ed). 

An official request has been made, by Dalston's Green party Councillor Zoe Garbett, for the Council to explain who took the decision to tear down the art work, and why? It is now the subject of a formal Council investigation.

Hackney says that it has so far spent over £130,000 subsidising its Shopping Village 'project'. It has employed additional staff and produced a booklet of 250 regulations to control future trading. ( Before its even acquired the property! Ed.) But there has been very little, if any, visible benefit from the money for the traders themselves. The traders have made the 5 demands shown in this blog post.

Hackney decided back in January 2022 that it would take a long lease of the Shopping Village once Larochette's refurbishments are completed. It will in due course be paying lease rents of around £500K including VAT to the owner which is based in the British Virgin Islands secretive tax haven. It has now emerged that Hackney intends to run the Shopping Village for profit, in line with its commercial properties. 

Following a community application, in December 2019 Hackney designated the Shopping Village as an Asset of Community Value, in part because of its cultural uses by creative businesses on the upper floors.  But in February 2022, when refurbishment work began,  the 60 artists were evicted. Now, Hackney has negotiated to take a lot of the upper floor studio space for its own Market Services offices.  There will be much less, if any, affordable space left for cultural uses and artists in the future.  The Asset of Community Value will have been substantially damaged by the Council's own financial interests.

NEWSFLASH :  The Council has said it will be consulting on its latest "Markets Strategy 2023-2028" to start running all of Hackney's street markets for profit under the Food Act.  (See Market Strategy paragraph 6.5 here Ed.). If the "for profit" policy is passed not only will the market become less affordable but all street market stallholders will lose their existing legal rights to be consulted, to challenge excessive fees and charges, and to appeal against unfair treatment to an independent Magistrates Court. Hackney will become the sole Judge, Jury and Executioner of Hackney's markets and its stallholders.

E8 Arts and Crafts trail and Afterparty

Next weekend Saturday 2nd and Sunday 3rd December from 11am until 5pm, Dalston (and Hackney) artists are throwing open their studio doors to the public. You can see who's exhibiting, and find an interactive map to guide you on your cultural safari, on the trail's website here.  

Also on Sunday 5-10pm will be your last chance to see the "Public Art Wall and Resistance Timeline", and two films telling the stories of market traders resisting gentrification (and a Q&A with the film makers) as part of an Afterparty at the Market Bar, 49 Ridley Road. Everyone is welcome!

There will be a huge array of work exhibited - fine art, prints, ceramics, textiles, jewellery, woodwork - and you can chat to the local makers and buy at studio prices (Just in time for Christmas! Ed). 

Hackney is consulting on 'privatising' its street markets

Hackney is consulting on whether to move from its present "not for profit" management of its street markets to "for profit" management. The proposal is contained in section 6.5 "Review of traders fees and charges" of its draft Markets and Street Trading Strategy 2023-2018 . The Council's Cabinet Member, Councillor Susan Fajana-Thomas, states in her introduction that the Strategy will "help us to maximise and capitalise on the many commercial opportunities available to us". You can comment on the Strategy here. 

To date Hackney has managed Ridley Road and its other markets under the London Local Authorities Act 1990. This provides that the Council's fees and charges paid by traders are restricted to its reasonable administrative and other costs incurred in managing the market eg for issuing and enforcing licences, street cleaning, waste disposal etc. The Act also confers rights on traders - including consultation on licence terms and conditions, rights to succession by family members and to appeal to an independent Magistrates Court against unfair treatment.

Hackney is now considering running its markets under the Food Act 1984 which will remove the restrictions on what it can charge traders and abolish their statutory rights. In other words it can run its markets for profit on whatever licence terms it chooses to offer traders and, if there is a dispute and with no longer a right of an independent appeal, Hackney will become judge jury and executioner in its own cause. It seeks to justify these changes by stating that the existing legal requirements are "quite restrictive"and "not representative of trading in present times" and that the Food Act 1984 will provide the Council with" much more flexibility". ( These explanations by Council officers are wholly self-serving Ed.)

These are not the only changes the Council is proposing to increase its income from Hackney's markets to "secure the financial sustainability of the service". For example, it proposes introducing fixed penalty notices if stallholders breach any of the 250 regulations which were imposed on them in 2019 ( See "A licence for slavery") , to charge them "pay as you go" for electricity (presently covered by their licence fees) and to increase the number of shopkeepers paying shop-front trading licence fees. 

The Council's plans for its street markets have been foreshadowed by its scheme for management of Ridley Road's indoor market - the "Shopping Village". Hackney Mayor's report in January 2023 explained that management under the Food Act 1984 would provide "an opportunity to generate surplus income to the Council from rents and fees", that it has "no requirement for consultation or public approval on rentals" and that enforcement action against traders "doesn't end up with the Council facing an expensive visit to the magistrates court". The Council has stated that Shopping Village licence fees will rise by 80% in the third year after Hackney takes on a lease of the Shopping Village building.

There are of course plenty of fine words and lofty aspirations in the Council's draft Markets and Street Trading Strategy 2023-28, but the devil is in the detail. Management of Hackney's street markets under Food Act licences will remove Market Services incentives to act prudently and fairly. If the right of the market trader to appeal to an independent Court is removed, traders’ livelihoods will become dependent upon their relationships with individual Council officers which opens the possibility of both arbitrariness, unfairness and favouritism and potentially to allegations of perceived or actual corrupt relationships which would be detrimental to Market Service’s staff, to traders and to the Council’s reputation This would be a very regressive step and render the market as a less attractive workplace for existing and new traders

(PS: If you feel you've heard all this before, you probably have. Saving Ridley Road market as the home of the bargain is a constant battle waged by our community against profiteering developers and Council bureaucrats. See the 2008 post "Hackney beancounters go bananas in Ridley Road market" here. Ed.)