planning committee 11 january 2018 - meetings ... refuse and recycle area, car parking and cycle...
TRANSCRIPT
PLANNING COMMITTEE
11 January 2018
References: P/2017/2864 00254/J/P1
Address: Chiswick Village, Chiswick, London W4 3BY
Proposal: Erection of a five storey building to provide 11 two-bedroom flats with associated refuse and recycle area, car parking and cycle parking facilities
This application has been referred to Planning Committee as major planning application that would require a legal deed if approved.
Application received: 3 July 2017
1.0 SUMMARY
1.1 The application proposes the erection of new housing block within Chiswick Village, providing 11 dwellings with associated car and cycle parking.
1.2 The building has been designed to complement the appearance and form of other buildings within Chiswick Village. The scheme includes 4 affordable homes (36%), landscaping and car parking.
1.3 Concerns have been raised in respect of design, parking, traffic, disruption and harm to living conditions, however on balance these matters are considered satisfactory.
1.4 Approval is recommended subject to safeguarding conditions and planning obligations, as the scheme will contribute to meeting the need for additional homes, including affordable housing in the area.
2.0 SITE DESCRIPTION
2.1 The application site is an area of land at the northern end of Chiswick Village comprising a surface level car parking area and landscaped grounds. The car park is not presently used but has in the past provided leased car parking spaces. The site slopes towards the western boundary, where retaining walls are located. The rest of the site is landscaped or developed with the car park. There is one significant tree on the site with a number of trees on nearby land.
2.2 Chiswick Village is a residential development located on a triangular shaped site bounded by railway lines to two sides, with terraced housing along Oxford Road South and other houses on Oxford Road South adjoining the northwest boundary. It is comprised of 15 blocks that range from four to six storeys, with these blocks set around communal gardens. The site is not in a conservation area and its buildings are not listed, though Wellesley Road Conservation Area is nearby.
2.3 The original Chiswick Village development dates from the mid 1930s and was designed in the fashionable architectural style of the day showing Art
Deco and European ‘International Style’ influences. The wider site is bound by railway lines to the south and east, and an elevated section of the A4 to the north. Immediately to the west of the application site is a three-storey block of flats (Nos. 29-39 Oxford Road South) and a two-storey house (Lodge A). A four-storey block that is part of the original Chiswick Village development (unit Nos. 1-16) is located to the southwest of the site. Opposite the site is another private car park.
2.4 The 15 existing Chiswick Village blocks are split predominantly into three groupings which make up the sides of the triangular shape of the site with a further ‘stand-alone’ block making up the south eastern point of the triangle. The buildings are of brick construction with feature details, supported by a concrete frame. These blocks provide 280 one, two and three-bedroom units. The site has a distinctive appearance with large blocks set around the communal open space. There is strong uniformity between the buildings with them having been designed as a purpose built estate. Planning permission (00254/A/P6), granted on appeal in 2015, gave consent for an additional unit to the roof of each block (15 in total).
2.5 There are two car parking areas to the northern end of the site. The car parks and adjoining land are owned separately from the owners/ occupants of the flats in Chiswick Village. These off-street parking spaces and other garages within the Chiswick Village estate are not allocated to residents and have been rented out privately by their owner to residents of Chiswick Village and non-residents in the area. The north-eastern car park is the subject of this planning application (see application site below).
2.6 Chiswick Village is a public highway, and is accessible from Oxford Road
South. On-street parking is available on Chiswick Village and surrounding streets, which are in the Stile Hall Controlled Parking Zone (CPZ). On Chiswick Village, there are 11 parking bays for triple use, allowing parking by permit holders (residents and businesses) and pay and display for visitors, with other spaces for permit holders only.
2.7 Kew Bridge railway station is approximately 800m walk to the west and
Gunnersbury Underground station is approximately 400m walk to the north of the site. The Public Transport Accessibility Level for the site is ‘2’, which is low. A pedestrian pathway runs from the northern end of Chiswick Village, across the application site and then alongside railway lines to Wellesley Road, providing access to Gunnersbury Station.
2.8 A later infill development (Churton Place) on part of the original landscaped
grounds of Chiswick Village, comprising 12 flats, is located at the western entrance to the estate. There are two blocks that are two-storey with mansard roofs containing accommodation.
2.9 The wider estate has multiple ownerships. The most significant owner is Chiswick Village Residents Ltd which owns the freehold of the 15 residential blocks and much of the landscaped areas in between, whilst the much of the off-street parking at the site and the garages and development rights of the roofs areas above the apartment blocks are in separate ownership, with this including the car park area that forms the application site.
2.10 The application site and surrounding area is shown shaded on the following
map.
Figure 1: Application site (shaded) and surrounding area
3.0 SITE HISTORY
3.1 The original estate was built in mid 1930s. The most relevant planning history is detailed below. In 1999 permission was granted for demolition of derelict garages and erection of 12 two-bedroom flats and 15 car parking spaces, and replacement parking for 43 cars on two sites within the wider estate, one of which was the application site (north-eastern car park). This development has been completed and it is occupied (00254/D/P3).
3.2 In 2000 an application was made for the addition of 14 three-bedroom flats to the roof of the buildings in the estate (00254/D/P4). This application was withdrawn prior to determination.
3.3 In 2001 an application for 14 three-bedroom flats with parking was refused and dismissed on appeal (00254/D/P5) owing to concerns regarding overdevelopment, harm to living conditions of neighbours and residents, loss of open space and inadequate parking. At appeal an Inspector found these concerns would not warrant refusal but he concluded there would be harm to the character and appearance of Chiswick Village from the roof additions proposed.
3.4 In 2003 an application for 15 three-bedroom flats with parking was refused and later dismissed on appeal (00254/D/P6) owing to concerns regarding overdevelopment, harm to living conditions of neighbours and residents, loss of open space and inadequate parking. At appeal an Inspector found these concerns relating to impacts on neighbours and residents were satisfactory but concluded there would be harm to the character and appearance of Chiswick Village from the roof additions proposed and that proposed parking arrangements were inadequate.
3.5 In 2007 an application for a two-bedroom flat with parking to the roof of the tallest block in the estate was refused and dismissed on appeal owing to its unsatisfactory design.
3.6 In 2014 the Council considered a planning application (00254/A/P6) for erection of 15 two-bedroom units at the site, with one unit to be built on the roof of each of the existing blocks, as well as the demolition and re-build of the garages to the south of the site to provide 19 secure parking garages. This application was recommended for approval by officers but was overturned by the Planning Committee, with the application being refused for a variety of reasons, including design and parking concerns.
3.7 A subsequent appeal was allowed, and costs were awarded to the appellant as the Inspector found that reasons for refusal referring concerns about unsatisfactory disabled access, car parking, and neighbours living conditions (daylight and sunlight) were unfounded and the Council failed to adequately cooperate in preparing a legal agreement.
3.8 Details of the most relevant planning history is as follows:
3.9 00254/D/P3 Demolition of 43 derelict garages, erection of 12 two-bedroom flats, and replacement parking for 43 cars on
2 sites
Approved 15 July 1999
3.10 00254/D/P4 Erection of new roof to Chiswick Village incorporating 14 three-bedroom flats with associated parking
Withdrawn 2000
3.11 00254/D/P5 Erection of new roof to flats at Chiswick Village incorporating 14 three-bedroom flats with associated parking and landscaping
Refused 6 March 2001
Appeal dismissed 2001
3.12 00254/D/P6 Erection of 15 three-bedroom flats on roof tops with associated car parking and landscaping
Refused 27 August 2003
Appeal dismissed 2004
3.13 00254/A/P4 Erection of a two-bedroom apartment at 6th floor level with roof terrace and amended car parking and landscaping layout.
Refused 26 June 2007
Appeal dismissed 2007
3.14 00254/A/P6 Proposal for 15 two-bedroom rooftop apartments to be constructed on the roof level of each of the existing 15 residential blocks. The development includes the demolition and re-build of the garages to the south of the site to provide 19 secure parking garages
Refused 14 August 2014
Appeal allowed 21 August 2015
4.0 DETAILS OF THE PROPOSAL 4.1 The application seeks planning permission for a five-storey building
containing 11 mixed-tenure dwellings as well as associated parking and landscaping. Four dwellings (36%) would be affordable homes.
4.2 All the proposed units are two-bedroom with a tenure mix as follows:
No. Private Affordable Rent
Intermediate Total
2 bed 3 person
2 1 - 3
2 bed 4 person
5 1 2 8
Total 7 (64%) 2 (18%) 2 (18%) 11 (100%)
Table 1: Proposed Housing Mix
4.3 The proposed building has been designed to reflect the features of the
original Chiswick Village buildings as well as the consented rooftop additions. The design includes a T-shaped building footprint with projecting bays and is to be built in brick with copper clad roof level. Window style and details would also be similar to the original buildings. The main entrance would face the pedestrian path on the east side of the building.
4.4 The block would include an undercroft where car parking, cycle parking, plant room, refuse and recycling stores, residents’ store and the entrance lobby would be located. There would be a single core with a lift and stairwell accessing all floors. Vehicular access would be from Chiswick Village, where there is an existing driveway crossover.
4.5 The existing pedestrian pathway that runs across part of the site would be re-routed around the new building with part of the path moving up to 1.5m east.
4.6 The proposed layout, form and style of the building are shown in the illustrations below.
Figure 2: Layout of proposed building
Figure 3: Proposed block
Figure 4: Proposed East elevation (facing pathway)
Figure 5: Proposed South elevation
5.0 CONSULTATION 5.1 A site notice and a press notice advertised the application, with consultation
letters were sent to statutory consultees, local amenity societies, and to 88 neighbouring properties.
5.2 The application was included on the Pending Decisions List (10-17
November 2017) sent to ward members of Chiswick, local amenity societies and posted on the Council’s website for information.
5.3 A total of 32 responses objecting to the application were received from
existing residents and neighbours to the site and the West Chiswick and Gunnersbury Society. A summary of the comments received and a response is given in the table below.
Objections
Comment Response
Unsatisfactory Design
Design is out of keeping with original style and character of Chiswick Village, harming its appearance and the streetscene.
Undercroft car park mars the architecture and out of keeping with surrounds.
The proposed building has a satisfactory design that respects the distinctive character and appearance of the original buildings through use of similar style, form and materials. See paragraphs 7.11-7.28.
Building is too high and massing is incongruous with other buildings. There should be a gradual decrease in height of the Village blocks.
Building would block the open feel of the development, giving it an over-developed and "enclosed" appearance
Landscaping is out of keeping with rest of the uniform landscaping in the Village.
The design would harm the appearance of the buildings and character of the area, contrary to policies of the NPPF, London Plan and Hounslow Local regarding design and character.
Effect on heritage significance
Chiswick Village is a non-designated heritage asset so NPPF says the effect of an application its significance must be taken into account.
The proposal would infill purposely designed open space at the northern edge of Chiswick Village, at a similar scale to the existing blocks, and would appear incongruous and would not respect its historic formation. Visually it would appear not only discordant but also as an overdevelopment of the site.
Would result in an independent block standing one storey higher than the adjacent block, dominating the non-designated heritage asset.
Heritage Assessment fails to appreciate the significance of the original Village.
The Hounslow ‘Context and Character’ Study (2014), notes Chiswick Village has ‘extreme
Consideration has been given to effects on the nearby Wellesley Road Conservation Area and to Chiswick Village, the latter being considered a non-designated heritage asset.
This assessment has balanced the effects of the development on the significance of Chiswick Village against the other benefits of the development.
In this instance the new building would be in keeping with the surrounding development and would not unduly affect the primary value of Chiswick Village, which is the coherent group of buildings enclosing the central green space, as the site is located at the northern end of the site, beyond the main green and groups of original buildings. See paragraphs 7.11-7.28.
uniformity of scale, density, layout, building type, urban type and use’ and its high sensitivity to change.
Inappropriate detailing is not of high design quality, lacks sensitivity to the past, and confuses the architectural narrative of the site making any appreciation of it hard to understand.
The harm caused to this non-designated heritage asset would not be outweighed by the provision of 11 homes, in a Borough where the latest Annual Monitoring Report considers a five year housing land supply to be sufficient.
The proposal is contrary to policies of the NPPF, London Plan and Hounslow Local regarding design, heritage and character.
Overdevelopment
Chiswick Village is already densely populated and the proposal will add undue pressure on existing, parking, refuse collection, schools, water, etc.
The area is already subject to very large developments and a lack of infrastructure.
Should have a masterplan. Piecemeal development is harmful character.
Cumulatively with other additions the proposal is an overdevelopment .
Peak congestion at Gunnersbury Station will be exacerbated.
The development is a relatively modest infill scheme of 11 homes and is not considered to be of an intensity that would adversely affect infrastructure in the locality. The proposed density falls at the lower end of the suggested density of the London Plan.
Adverse effects on traffic and parking
The highway at Chiswick Village is already congested with a lack of parking. The development would
The development would result in the loss of the existing off-street car park on the site. This car park was available to residents and other people in the area (leased) though it has been closed since December 2016.
have a detrimental effect on local highways, the free flow of traffic and highway safety.
The proposal results in the loss of a significant number of parking spaces, whilst likely increases the demand for parking in the same area.
The existing parking area was required by conditions of planning permission 00254/D/P3 and should be retained as it replaced car parking lost by that scheme.
A survey carried out by objectors found differences with the applicant’s survey, finding there to be significant existing parking stress in the area that will be further exacerbated by the removal of the car park on the site.
The site is an existing car park that is secured by condition of a planning permission as car parking for the Chiswick Village Estate to mitigate for the previous loss of parking. Regardless of its ownership, its planning status and reason for this status is clear. Its redevelopment would result in an increase in parking stress to an unacceptable level. This harm must be outweighed in the planning balance by the positives of the development.
The proposal is contrary to the conditions of this permission, and would conflict with Local Plan policy EC2 as it would increase parking stress.
Closure of the car park has already made parking more difficult for residents.
The scheme itself would provide adequate parking for new residents. Taking into account other modes of transport including cycling, walking, public transport and car clubs/ sharing, it is considered there would be a sufficient amount of off-street parking retained at Chiswick Village and nearby streets to serve the local area despite the proposal resulting in the loss of off-street car parking in the locality. Therefore subject to the recommended conditions and obligation, the transport impacts from the proposal are acceptable. See paragraphs 7.56-7.69.
Overshadowing The existing dwellings within Chiswick
Loss of daylight and sunlight to existing residents within Chiswick Village.
The height and bulk results in daylight and sunlight impacts to block 1-16, resulting in one window at ground floor experiencing an unacceptable level of daylight, contrary to standards.
Village and neighbouring properties would continue to receive good daylight and sunlight amenity after the development. The proposal would not materially harm the living conditions of existing residents or neighbours. See paragraphs 7.48-7.55.
Poor residential environment
The location close to the A4 and railway means it suffers from noise and air pollution making the site unsuitable for residential development at the scale proposed. Air quality (NO2) will exceed acceptable limits and is mitigated by mechanical ventilation and non-openable windows in affected areas which signifies that this part of the site is not suitable for safe occupation by residents. The proposed communal amenity space would be directly overlooked by Lodge A, enclosed on two sides by highways and is sloping so is poor quality. Noise from the A4 and railway would have a significant effect on the quality of the accommodation and the amenity spaces.
Although there are significant environmental constraints at this location from air and noise pollution, adequate mitigation is proposed to ensure living conditions would be satisfactory. See paragraphs 7.70 – 7.75 in relation to air quality and 7.76 – 7.77 in relation to noise.
The communal amenity space is of a good size and aspect, and overall it would of good quality.
Loss of privacy and outlook
There would be increased overlooking, resulting in loss of privacy.
Large block would be located on open area resulting in loss of outlook.
The proposal has adequately considered neighbours’ privacy and outlook with sufficient separation or inclusion of blank facades and obscured glazing being proposed to minimise impacts. See paragraphs 7.48-7.50.
Impact on community
Will disturb the balance of the environment, light, space and general feel for the community. Area was to be left as permanent open space for the Village. Chiswick Green is open area for residents of Chiswick Village to use – new residents have no rights to use it, what will stop them using this?
The proposed building is located on the area of an existing car park. Residents would have their own amenity space.
Construction impacts
Harmful impacts from construction work to neighbouring areas from intrusive noise and pollution, blocking of footpath and cumulative impact with other consented development (00254/A/P6).
Footpath to Wellesley Road cannot be block as this is an important route for residents.
The proposal would inevitably involve disruption for existing residents living at the site and also for neighbours given the construction work required. In the wider locality the impacts are as for any significant construction project though obviously for residents of the buildings themselves the work is potentially more significantly disruptive. However this would be for a temporary period with impacts to be minimised through use of conditions, including a restriction of the hours of use and requiring the submission for approval of a Construction Management Plan (“CMP”). The CMP would include details of site management and access arrangements, and maintenance of existing access and services and is to require coordination and phasing with other work at the site.
Impacts on existing footpath
Building would block site lines and divert footpath, enclosing pathway, making it less safe and creating hiding places. This would increase anti-social behaviour and crime, creating an unwelcome environment.
The pathway would be overlooked by windows of the new development thereby providing natural surveillance and is it also adjacent to the front entrance to the new block. The development would include security features such as lighting and CCTV along the route to Wellesley Hedging along the pathway and walls would enclose the building’s undercroft and separate it from the pathway. Details of security measures and the path are to be secured by conditions and a planning obligation.
Impacts on trees The existing tree on the site and trees on
Existing trees must be protected as they screen the A4 and mitigate air and noise pollution. They may be affected by relocation of the path.
neighbouring sites are to be retained. Conditions requiring protection for the trees during construction are recommended. See paragraphs 7.82-7.84.
Other matters
1. Unsightly hoardings erected around the site without permission.
2. Better design scheme such as two or three-storey development is recommended.
3. Solar Panels will be visible, especially from the upper stories of other buildings, they are highly reflective and add to the visual mass of the building.
4. Emergency services could struggle to pass freely through these areas.
5. Certain sustainability targets seem purely aspirational.
6. Green roofs, rainwater harvesting and water efficient fittings require maintenance which should be considered.
7. If approved benefits to improve the footpath and screening of the A4 in the wider area by planting new trees such as at the end of Oxford Road South should be secured.
1. This is a separate matter and is subject to planning enforcement investigation.
2. This application must be considered on its merits.
3. The solar panels are set in from the edges of the roof and would not be prominent.
4. Emergency services would continue to be able to access Chiswick Village and the application site.
5. Conditions are recommended to secure sustainable design features.
6. Ongoing maintenance would be secured by the property owner.
7. Recommended conditions include the submission for approval by the Council of details of landscaping and the footpath.
Inadequate Consultation
The applicant did not consult with residents prior to making the application.
Contrary to NPPF that requires consultation.
Pre-application consultation is recommended by the NPPF and the Council, though by itself this lack of consultation would not warrant refusal of the application noting statutory consultation by the Council has been undertaken and residents have been given an opportunity to comment.
5.4 West Chiswick and Gunnersbury Society – Objects on the following
grounds:
Traffic and Transport The loss of car-park will increase parking stress in this isolated area with a very low PTAL. The cumulative impact of this proposed development and that granted on Appeal for the penthouse additions to the Chiswick Village blocks will be a significant decrease in off-street parking available to the residents of Chiswick Village. Access footpath may well be compromised by the proposed development, both during construction and when in use. Quality of residential The extreme closeness of the proposed development to the overhead A4 and its support structure will render the units unacceptable in relation to air quality, noise and visual impact. The shortfall of private outdoor amenity space is compounded by its poor quality and by the poor quality of the communal outdoor space. Intensification/In-fill development While the contribution such schemes can make to housing supply is recognised, in assessing whether such development is sustainable it is essential to consider their cumulative impact on the existing townscape and on the established residential communities so full account must be taken of the impact of the addition of 15 penthouse units granted on Appeal.
5.5 Environment Agency – The site is at low risk of flooding. No objection. 5.6 Transport for London – No objections. 6.0 POLICY
Determining applications for full or outline planning permission
6.1 The determination must be made in accordance with the development plan unless material considerations indicate otherwise. Local finance considerations must also be assessed.
The National Planning Policy Framework
6.2 The National Planning Policy Framework (“NPPF”) came into force on 27 March 2012, and from April 2014 National Planning Practice Guidance (“NPPG”) in the form of an online guidance resource to support the NPPF came into effect. The Local Planning Authority (“LPA”) considers that, where pertinent, the NPPF and NPPG are material considerations and as such, will be taken into account in decision-making as appropriate.
The Development Plan
6.3 The Development Plan for the Borough comprises the Council's Local Plan (adopted by the Council on 15 September 2015), the West London Waste Plan and the London Plan Consolidated with Alterations since 2011.
6.4 The draft New London Plan was published on 29 November 2017, for consultation from 1 December 2017 to 2 March 2018. The policies of the draft Plan are capable of being a material consideration in planning decisions. Its policies will gain more weight as it moves through the examination process to adoption; however the weight given to it is a matter
for the decision maker. At this stage only limited weight is to be given to the draft Plan due to it being only in the initial stages of consultation.
6.5 The Local Plan documents can be viewed on the Planning Policy pages of the Hounslow website.
Determining applications affecting a conservation area
6.6 In considering whether to grant planning permission with respect to any buildings or other land in a conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of the conservation area.
Determining applications in respect of listed buildings
6.7 In considering whether to grant planning permission for development which affects a listed building or its setting, the authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.
London Plan
3.3 Increasing housing supply
3.4 Optimising housing potential
3.5 Quality of design of housing developments
3.6 Children and young people’s play and informal recreation facilities
3.8 Housing choice
3.9 Mixed and balanced communities
3.11 Affordable housing targets
3.12 Negotiating affordable housing on individual private residential and mixed use schemes
3.13 Affordable housing thresholds
4.12 Improving opportunities for all
5.2 Minimising carbon dioxide emissions
5.3 Sustainable design and construction
5.7 Renewable energy
5.13 Sustainable drainage
5.21 Contaminated land
6.3 Assessing effects of development on transport capacity
6.9 Cycling
6.10 Walking
6.13 Parking (and Parking Addendum)
7.1 Lifetime neighbourhoods
7.2 An inclusive environment
7.3 Designing out crime
7.4 Local character
7.5 Public realm
7.6 Architecture
7.8 Heritage assets and archaeology
7.13 Safety, security and resilience to emergency
7.14 Improving air quality
7.15 Reducing and managing noise, improving and enhancing the acoustic environment and promoting appropriate soundscapes.
7.19 Biodiversity and access to nature
8.2 Planning obligations
London Plan Supplementary Planning Guidance (“SPG”)
Affordable Housing and Viability SPG 2017 Housing SPG 2016 Accessible London SPG 2014 Character and Context SPG 2014 Shaping Neighbourhoods Play and Informal Recreation SPG 2012
Hounslow Local Plan Policies
Spatial Strategy Chiswick ED4 Enhancing local skills SC1 Housing growth SC2 Maximising the provision of affordable housing SC3 Meeting the need for a mix of housing type and size SC4 Scale and density of new housing development SC5 Ensuring suitable internal and external space CC1 Context and character CC2 Urban design and architecture CC4 Heritage GB7 Biodiversity EQ1 Energy and carbon reduction EQ2 Sustainable design and construction EQ3 Flood risk and surface water management EQ4 Air quality EQ5 Noise EQ6 Lighting EQ8 Contamination EC2 Developing a sustainable local transport network IMP1 Sustainable development IMP3 Implementing and monitoring the Local Plan
7.0 ASSSESSMENT
7.1 The key planning issues are considered to be as follows:
A. The principle of the proposed development B. Urban design and impacts on the townscape C. Housing quality
D. Affordable housing
E. Impacts on neighbours F. Transport G. Other environmental matters
H. Sustainability A. Regeneration and the principle of the proposed use
7.2 The National Planning Policy Framework (“NPPF”) has guidance in relation to key planning principles including building a strong economy, ensuring the vitality of town centres, promoting sustainable transport, delivering a wide choice of affordable homes, good design, promoting healthy communities, protecting open space and the built environment, conserving the historic environment, and meeting the challenge of climate change.
7.3 Policy IMP1 of the Hounslow Local Plan (“HLP”) states that the Council will
take a plan-led approach to all growth and development within the Borough that is considered to be in accordance with the principles of sustainable development as set out in the NPPF, with a balance of social, environmental and economic dimensions. This policy re-iterates the presumption in favour of sustainable development established in the NPPF.
7.4 The NPFF and the housing policies of the LP and HLP support new housing on previously developed sites such as this. The NPPF says that housing applications should be considered in the context of a presumption in favour of sustainable development and that Council’s should seek to deliver a wide choice of high quality homes, widen opportunities for home ownership and create inclusive and mixed communities.
7.5 London Plan (“LP”) policy 3.3 recognises the need for more homes in
London to promote opportunity and provide a real choice for all Londoners. For Hounslow, the LP sets a housing delivery target of a minimum of 822 new homes per year, with the Mayor of London recently announcing that this figure is proposed to increase to 2,182 per year in the draft London Plan. It is recognised there is a need to intensify density at appropriate location to optimise housing provision. This optimisation must however give account to ensuring good design, local context and character and public transport capacity. Other relevant factors include access to social infrastructure, open space and play provision. This balanced approach to optimising output is supported by the LP design policies and housing standards proposed in policy 3.5.
7.6 HLP policy SC1 seeks to maximise the supply of housing in the Borough to
meet housing need in a manner that is consistent with sustainable development principles and that it is built at a rate that will exceed the annualised LP target. The target is not a maximum and should be exceeded subject to adequate infrastructure being available and impacts being acceptable or adequately mitigated, so as to provide greater housing choice and availability, as demand is increasing with rising population growth and household formation in London. The most recent Housing Market Assessment for Hounslow (2016) concluded that the assessed housing need was 1,898 dwellings per annum indicating a significant need for additional housing which the scheme would help meet locally.
7.7 The application site has been previously used for car parking. The car park was provided as part of an earlier planning permission from 1999 (see paragraph 3.9) replacing car parking that had been developed with infill housing at the other end of Chiswick Village. There are conditions that relate to the provision of the parking and its retention for that use. However the car park is privately owned and rented out, with no priority Chiswick Village residents, with leased spaces available on an ad hoc basis.
7.8 This earlier permission does not preclude a further planning application
being made, with effects of the development to be considered in the context of the current planning framework and the scheme judged on its merits.
7.9 As the site has been previously developed and is within an established
residential area, the principle of the proposal is satisfactory as it provides an opportunity to secure wider economic, social and environmental benefits through providing new 11 new homes including affordable housing in an area where provision of new homes is difficult due to it being an established area, but any scheme needs to give satisfactory account to the environment including built heritage, the natural landscape, neighbouring residents and infrastructure.
7.10 The new housing development also accords with the objectives of the NPPF
and policies of the LP and HLP that encourage housing in accessible locations, especially on underutilised brownfield land where regeneration benefits are maximised.
B. Urban design and impacts on the townscape
7.11 The NPPF states good quality design is an integral part of sustainable development and that decision takers should always seek high quality design, whilst permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions. It is proper to seek to promote or reinforce local distinctiveness. However, planning permission should not be refused for buildings and infrastructure that promote high levels of sustainability because of concern about incompatibility with an existing townscape, if mitigated by good design (unless the concern relates to a designated heritage asset and the impact would cause material harm to the asset or its setting which is not outweighed by economic, social and environmental benefits).
7.12 The LP and the London Plan Supplementary Planning Guidance for
Housing 2016 (“Housing SPG”) set out requirements for the design of development including taking into account the effect on the character of an area and also the quality of design within a site.
7.13 Development design should reflect the principles set out in Chapter 7 of the
London Plan and the requirements of policy 3.4 relating to density. LP policy 7.1 says development should be designed so that the layout, tenure and uses interface with the surrounding land and improves people’s access to social and community infrastructure. New buildings and spaces should help
reinforce or enhance the character, legibility, permeability and accessibility of the neighbourhood.
7.14 LP policy 7.4 says development should have regard to the pattern and grain
of existing streets in orientation, scale, proportion and mass, and other policies including 7.3 (designing out crime) 7.5 (public realm) and 7.6 (architecture) also emphasise design quality and ensuring development relates well to its surrounds. Policy 7.8 seeks to protect heritage assets including their settings.
7.15 The HLP has policies with similar objectives. HLP policy CC1 states that
development proposals should have due regard to the ‘Hounslow Context and Character Study’ and policy CC2 states that the Council will retain, promote and support high quality urban design and architecture to create, attractive, distinctive, and liveable places.
7.16 The site is not in a conservation area but is near to the boundary of
Wellesley Road Conservation Area and can be seen from some viewpoints and so its effect on the setting of the nearby conservation area must be considered.
7.17 The Council has statutory obligations in respect of heritage assets. Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that with respect to any buildings or other land in a conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area. HLP policy CC4 states that the Council will identify, conserve and take opportunities to enhance the significance of the borough’s heritage assets as a positive means of supporting an area’s distinctive character and sense of history.
Chiswick Village and the character if the site 7.18 Although not listed and not in a conservation area, Chiswick Village has a
distinct character and the overall appearance of the site is attractive, and it is considered to be a local non-designated heritage asset. The buildings themselves are not of particularly high architectural merit or special examples of the genre. Its primary value lies in the coherent group of buildings enclosing the central green space. When viewed as a non-designated heritage asset, the NPFF says the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that affect directly or indirectly non designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset. Further, in determining planning applications, local planning authorities should take account of the desirability of new development making a positive contribution to local character and distinctiveness.
7.19 Arranged around the triangular green at the centre of the site, the existing
buildings range in height from 4 to 5 to 6-storeys, and are higher than surrounding development that is mostly 2-3 storeys. The buildings have two distinct faces with the outward facing elevations designed to protect the site
from railway lines being dour and austere, and the inner elevations softer with more detail including larger windows and balconies, as well as projecting wings to provide relief to the large blocks. In 2015 permission was granted on appeal for rooftop additions to each block.
7.20 The significance of the application site in relation to Chiswick Village has
been considered in a Heritage Statement. The area was formerly an open area before the car park was built but it is sited obliquely from the main entrance and one of the entrance lodges, and is largely concealed behind existing blocks from the central area of the estate. At one time it contained air raid shelters. The raised A4 bounds the north of the site. This structure is intrusive in the streetscene. Overall the site does not contribute significantly to the significance of Chiswick Village or its setting as it is somewhat of a leftover space that lacks the uniformity of the landscaped grounds of the rest of the site its primary function being a surface car park.
Density 7.21 LP policy 3.4 seeks to optimise housing potential, taking into account local
context and character, the design principles set out elsewhere in the plan, and public transport capacity. Development should optimise housing output for different types of location within relevant density ranges.
7.22 HLP policy SC4 seeks to ensure the scale and density of new housing
development balances the need to make efficient use of land and achieves high quality design and accessibility, whilst responding to and reflecting local context and character and protecting existing residents’ amenity.
7.23 The site is in an urban area and has a PTAL of 2-3 which is low-moderate,
with the suggested density range being 70-170 units per hectare (“u/ha”) and 200-450 habitable rooms per hectare (“hr/ha”).
7.24 The proposed density is 71 u/ha and 218 hr/ha, which falls at the lower end
of the suggested range of the LP.
Impacts on the character of the site and nearby area 7.25 The proposed building comprises a single block with a T-shaped footprint
located on the area of the existing car park. It would be primarily of brick construction and is 5-storey with the topmost floor recessed from the main building. The top level would be clad in copper panels. The style is heavily influenced by the existing Chiswick Village blocks, including the consented rooftop additions. Some architectural details such as balcony design vary from other existing buildings but it is not intended that the building fully replicate the buildings of Chiswick Village.
7.26 The design is compatible with the footprint, height and massing of the other
buildings and owing to its position at the far end of the Village site, it would not unduly affect the primary composition of buildings and open space as it is sited beyond the main group of buildings that form a triangle around the communal green. Use of matching materials and similar details ensures that
the development would blend in with the character of Chiswick Village. Inclusion of an undercroft is not a feature of other buildings and this element adds a functional aspect to the design that does take away from its overall quality, however from most views within the Village it would not be very obvious due to existing and proposed shrubs and hedging in the foreground which will provide screening. Owing to its siting and satisfactory appearance, the proposed building would not be unduly prominent from Oxford Road South and the Wellesley Road Conservation Area, with the undercroft not very apparent from this direction.
Figure 6: Proposed building (on left) from Chiswick Village entrance (near Lodge A) – with consented rootop additons to existing block (Nos. 1-16) on right
7.27 The development would infill the open car park space at the edge of the Village estate but as discussed above this area does not make a major contribution to its distinctive character. The proposed building would be a new ‘background’ building that would respect the existing character and not unduly affect its key features. A large landscaped space would be retained at the front of the site, with this being in keeping with the character of the rest of the Village. An infill building of a contemporary style or starkly different form would be likely to be less appropriate as this would compete with the main Village buildings.
Figure 7: Proposed building (cente) from Chiswick Village entrance (looking north) – with consented rootop additons to existing block (Nos. 1-16) on right and proposed landscaping
7.28 Subject to a safeguarding condition regarding materials to be used in the
building, the proposal is on balance considered to be of an appropriate quality of design that would be sensitive to the appearance and character of the surrounding designated and non-designated heritage assets and respects the local distinctiveness of Chiswick Village.
C. Housing quality 7.29 The NPPF seeks to secure high quality design and a good standard of
amenity for all existing and future occupants of land and buildings. The government seeks to ensure delivery of a wide choice of high quality homes. The ‘Technical Housing Standards – Nationally Described Space Standards’ were published in 2015. They are referenced and supported by policies of the LP and HLP.
7.30 London Plan policy 3.5 says housing should be of the highest quality
internally and externally. The associated Housing SPG has minimum standards that set a baseline for quality and design that new homes should aim to meet including for particular needs for older people, children, amenity space and Lifetime Homes and wheelchair housing as well as in relation to the liveability and operation of the site, and interaction with surrounding development.
7.31 Local Plan policy SC5 also outlines internal and external space standards
that are recommended to achieve good quality housing. The London Plan and Local Plan are consistent with the Nationally Described Space Standards.
7.32 In respect of housing mix London Plan policy 3.8 says development
proposals should aim to meet local needs by providing an adequate mix of dwelling sizes and mix of tenures to reflect local and strategic demand. HLP policy SC5 seeks a housing mix for the borough with the desired mix for private market housing being:
1 bedroom 2 bedroom 3 bedroom 4 bedroom +
30% 40% 25% 5%
Table 2: Recommended Unit Mix
Proposed Unit Mix
7.33 The proposed housing comprises a mix of 3 and 4-person two-bedroom
units (11 in total). The mix is weighted towards smaller units, though it does include eight two-bedroom 4 person units, and so would accommodate small families. This proposed mix is appropriate for the locality which has a mix of houses and flats (of one, two and three-bedrooms) but is of medium density, and also is affected by higher noise levels.
Size
7.34 All the units would meet the relevant minimum size standards as detailed in the table below. Indicative layouts show satisfactory internal space for the placement of furniture and circulation, whilst each unit also has a dedicated storage area. There is a separate secure residents’ store room on the ground floor. Five units are proposed to be adaptable for wheelchair residents. A condition requiring two of the units to be built to wheelchair housing standards (M4(3) of Building Regulations has been recommended to provide appropriate housing choice.
Unit Housing SPG Proposed sqm Complies?
1 70 70.2 Yes
2 70 77.7 Yes
3 70 70.2 Yes
4 70 70.2 Yes
5 70 77.7 Yes
6 70 70.2 Yes
7 70 70.2 Yes
8 70 77.7 Yes
9 70 70.2 Yes
10 70 81.8 Yes
11 70 71.2 Yes
Table 2: Unit Sizes
Daylight, Outlook and Privacy
7.35 The Housing SPG recommends minimum distances of between 18-21m between habitable rooms, with these distances being useful yardsticks for privacy. However it also says that adhering rigidly to these measures can limit the variety of urban space and housing types, and sometimes unnecessarily restrict density. The Housing SPG requires each dwelling to be provided with an adequate level of privacy in relation to neighbouring property, the street and other public spaces.
7.36 HLP policy SC4 expects development proposals to demonstrate units would
receive good daylight and sunlight and that there is adequate separation between habitable room windows to ensure satisfactory interior conditions and privacy.
7.37 The proposal is comprised of a single block situated with generous setbacks
from the site boundaries. All the proposed units are at least dual aspect. All but one kitchen within the development would exceed the guidelines1 for interior daylighting of rooms. This room is a combined living space and if measured against the living room criteria it would meet the recommended standard. In respect of privacy the windows of the new units are sufficiently separated from to neighbouring buildings ensure good levels of privacy for occupants.
7.38 Therefore the proposed units are good quality with satisfactory daylight,
outlook and privacy being provided.
Open Space
7.39 HLP policy SC5 says flats should have a minimum of 5 sqm of privacy amenity space for 1 to 2 occupants and an additional 1sqm for each additional occupant, reflecting standards of the LP. Balconies should be designed as an integral part of the building’s elevation to maximise a beneficial aspect, and avoid positions that result in unacceptable overlooking and loss of privacy to other units or existing nearby dwellings. Communal external space should be provided at 25 sqm per flat with up to 3 habitable rooms, less a reduction for the area of private space provided.
7.40 Each unit has a private balcony. The balcony areas are lower than the
recommended area by up between 1.7 to 1.8sqm though the balconies are generally similar to balconies elsewhere in Chiswick Village. Overall a total of 71 sqm of private amenity space is required with 52.5 sqm proposed.
7.41 HLP policy SC5 requires 275 sqm of communal amenity space to be
provided. A communal amenity space with usable area of 340 sqm, which is exceeds the recommended area is proposed. This space has a good aspect to the south and would be a good quality space for recreation and landscaping. There is fencing and shrubs/ trees along the western boundary of this space which adjoins the rear of Lodge A. There would be some
1 BRE Guidance ‘Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice’ 2011
overlooking from this neighbour and the area would be seen from the street Screening hedging along the front boundary would be recommended to make this space more secure and private, with this also being in keeping with the layout of communal space elsewhere in Chiswick Village where open space is located in front of buildings rather than at the rear.
7.42 Taking into account the generous area of communal space, the shortfall of
private amenity space, is on balance acceptable as the arrangements are similar to other units in Chiswick Village. A condition in respect of landscaping details, which would including boundary treatment and planting layouts is recommended.
Accessibility
7.43 New housing should also be accessible for people with disabilities or impaired mobility, and incorporate designs that are adaptable address people’s specific needs, which may also change over their lifetime. LP policy 3.5 says that 90% of new housing should meet Building Regulations requirements M4(2) ‘accessible adaptable dwellings’ with 10% meeting M4(3) ‘wheelchair user dwellings’ and should be designed to be wheelchair accessible or easily adaptable. Therefore at least one unit shall meet the M4(3) standard, with details of this to be secured by a condition.
7.44 HLP policy CC2 states that developments should be designed to be fully accessible to people with disabilities or impaired mobility. A condition requiring two units to meet Part M4(3) of the Building Regulations: (Wheelchair User Dwellings) standard is recommended. Other units will need to comply with Part M4(2): (Accessible and Adaptable Dwellings). Stairs and a lift give access to each floor and there is a disabled parking space for the accessible unit. Subject to the recommended condition, the design of the housing would provide housing choice for people with disabilities and occupants over the lifetime of the development.
D. Affordable housing 7.45 The LP emphasises that affordable housing is a priority. Policy 3.13 of the
LP requires developments of 10 or more dwellings to include affordable housing and identifies an average of 17,000 additional affordable homes per annum as the strategic target for the Plan, which equates to 40% of all new dwellings to be affordable housing.
7.46 Policy SC2 of the HLP seeks to maximise the provision of affordable
housing. It states developers are to provide an open book financial viability assessment and supporting evidence to demonstrate the maximum provision of on-site affordable housing is being proposed, with a recommended tenure mix of 40% affordable rent and 60% intermediate housing.
7.47 The application proposes 4 affordable homes (36%), with these including
two affordable rent and two ‘intermediate’ units, with Octavia Housing making an offer in respect of the affordable provision. It is recommended the viability be reviewed during implementation of the development in
accordance with the requirements of the LP Affordable Housing and Viability SPG 2017 so that if the viability increases to an agreed level then increased affordable housing contributions will be required.
E. Impacts on neighbours 7.48 The NPPF requires sustainable development, and as part of this
development should aim to minimise adverse effects on the local environment, which includes neighbouring properties.
7.49 LP policy 7.6 states buildings should not cause unacceptable harm to the
amenity of the surrounding land and buildings, particularly residential buildings in relation to privacy, overshadowing, wind and microclimate. HLP policy CC2 requires new development to be of a design that minimises overbearingness and overshadowing, and which ensures sufficient sunlight and daylight to surrounding dwellings. Typically a separation of 18-21m between opposing habitable room windows is recommended though this may be less in more dense areas2.
7.50 The proposed building has good setbacks from the boundaries of the site to
ensure it maintains good daylight and outlook to the neighbouring residential properties. To minimise privacy concerns, there are no windows in the main wall that is opposite the closest opposing windows. The outer flank wall of the closest block in Chiswick Village (Nos. 1-16) has no windows, other windows are more than 21m away or do not directly face the site. Additionally, other windows of the new block are obscured where they look towards the open sided balconies of the neighbouring block that are around 12m away beyond which there is a glass door. There are no windows within 21m of other residential properties. With these measures the existing level of privacy on neighbours would be maintained. The new block would transform the look of the site, which is presently developed with a surface car park and landscaping. However it would keep open landscaped areas that would ensure neighbours retain a satisfactory outlook.
7.51 In regard to potential impacts from overshadowing, the applicant has
submitted a Daylight and Sunlight report. The assessment has been undertaken in accordance with BRE guidance3, which provides advisory guidance. Failure does not necessarily mean the impact would be unacceptable and the BRE requirements are advisory, and as they are used for urban and suburban areas they should be applied flexibly to take account of varying densities.
7.52 The report shows that windows of all neighbouring properties including
existing units within Chiswick Village, daylight levels would comfortably achieve the BRE criteria with the exception of one ground floor secondary bay window. The room affected has other windows (it has a three bay window). The other windows serving this room all achieve the guideline figures and the loss of light to the room is not significant with good daylight maintained.
2 ‘Housing Supplementary Planning Guidance’, 2016 3 BRE Guidance ‘Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice’ 2011
7.53 Sunlight to neighbouring gardens is also protected. The BRE guidelines
recommend that over 50% of each garden should receive at least 2 hours of sunlight on 21st March. The report shows that over 91% of both amenity spaces to the west of the proposed scheme will receive more than 2 hours of sunlight on 21st March.
7.54 Therefore existing dwellings within Chiswick Village and neighbouring
properties would continue to receive good daylight and sunlight amenity after the development.
7.55 Therefore the proposal would not materially harm the living conditions of
existing residents or neighbours. G. Transport
7.56 The NPPF seeks to actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations that can be made sustainable. It requires all developments that would generate significant levels of movement to be supported by a Transport Assessment and says that “…development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe4”.
7.57 The LP and HLP contain policies with similar objectives. LP policy 6.3
requires assessment of cumulative impacts on transport capacity to be considered locally and over the wider network, Other policies promote cycling (6.9) and walking (6.10), whilst policy 6.13 (Parking) states that an appropriate balance must be struck between promoting new development and preventing excessive car parking provision that can undermine cycling, walking and public transport use.
Traffic and parking 7.58 HLP Policy EC2 highlights that the Council will promote a ‘car free’ or ‘low
car’ development. Part (d) states that it will use the standards established in the London Plan for car parking, cycle parking, motorcycle parking, coach parking, and electric vehicle charging. It says cycle and parking provision should have regard to London Plan standards and that the Council will promote the active management of car parking and travel demand in the borough, particularly through the implementation of Controlled Parking Zones (“CPZ”s) and restricting access to these zones to existing dwellings. Adverse impacts on the transport network should be avoided.
7.59 The site has a PTAL of 2-3 which is towards the lower and middle end of
the scale (1 being the worst and 6 the best). Transport for London forecasts the PTAL to increase to 3/4 (moderate/good) by 2020. However it is within reasonable walking distance of District Line and Overground services at Gunnersbury Station which is approximately 400m walk from the site. There
4 Paragraph 32 of the NPPF.
is also the 440 bus on Wellesley Road and other buses on Chiswick High Road and trains to London from Kew Bridge Station which is approximately 800m walk from the site.
7.60 Existing parking arrangements for Chiswick Village include on-street
parking, the area being part of a CPZ with pay and display and permit parking. Parking is restricted to permit holders during the day to deter commuter parking.
7.61 Apart from 2 parking spaces owned by residents, the occupants of Chiswick
Village have no dedicated off-street parking. Existing garages and parking areas, including the 23 spaces on the application site, are owned privately and have been leased on an ad-hoc basis to residents of Chiswick Village and others. The existing car park on the site has not been utilised for some time (for approximately 12 months) as the owners intend using it for a construction compound to facilitate the rooftop additions to Chiswick Village.
7.62 The existing car park on the application site was provided as part of a
planning permission in 1999 for 12 units at the other end of Chiswick Village (known as Churton Place), which were built on an area of mostly derelict garages. Two replacement parking areas were provided and were required to be maintained by planning conditions. However as noted by the inspector that determined the recent appeal at the site (see 3.14) these spaces are privately owned and publically rented out, with no particular priority for residents of Chiswick Village. Residents therefore have no designated parking or right to park at the site and it is noted that not all spaces were let. At the time the rooftop application was considered in 2015 the number of vacant spaces available for rent at Chiswick Village fluctuated between 19 and 24 spaces indicating some surplus capacity.
7.63 Parking would be provided for most of the new units, with the undercroft
parking area providing 10 spaces. Swept paths have been provided which demonstrate that each of the spaces can be accessed and egressed easily and safely. A condition is recommended to secure details of the 20% active and 20% passive Electric Vehicle charging bays. The applicant has also agreed a s106 obligation to prevent new residents of the proposal from obtaining CPZ permits. Visitor parking is available within the existing pay and display controlled areas around the site. Secure cycle parking and refuse and recycling storage are provided in accordance with relevant standards on the ground floor.
7.64 The most recent permission includes an obligation to provide 2 car cub
spaces at Chiswick Village. Car clubs also operate successfully in the area, with nearby locations at Chiswick Business Park (2 cars), Essex Road (1 car), Brentford Fountain Leisure Centre (1) car, and Kew Bridge (2 cars). These clubs provide an alternative to car ownership and help reduce overall car use and parking demand. The car club spaces (2) would be provided in the southern car park.
7.65 Taking into account the alterations to parking arrangements approved from
the rooftop additions scheme, which will provide dedicated parking for the
new units on some existing ad-hoc car parking areas, there would be 48 off street parking spaces available in Chiswick Village (inclusive of the 2 spaces owned by Chiswick Village residents) if the scheme was built. There would also be 2 car club spaces. As the general parking spaces are owned privately they would be available for lease. This would be a reduction from the 71 general spaces retained at the time of the appeal decision. Concerns about loss of parking have been raised in objections as on street parking is congested in the locality, especially at night after the CPZ restrictions end. In response to the objections the applicant carried out a parking survey which confirmed that overnight parking demand is high with most streets operating near capacity. However there were still a number of spaces available in the locality, in particular on Regent Street where there is housing on only one side of the road, to ensure effects from the proposal do not significantly harm traffic and parking conditions particularly given that residents of the new development would not be eligible for parking permits. The parking survey was undertaken after the private car park was closed and therefore would have included any resultant overspill parking. Based on this, the fact that the car park was not provided specifically for residents of Chiswick Village, and that some surplus car parking availability was previously noted, the scheme is therefore not considered likely to unduly compromise highway safety or lead to increased traffic congestion.
7.66 Although the car park at the site was originally provided as replacement car
parking and required to be maintained as a car park by conditions from the 1999 permission, there has been no obligation to provide this parking exclusively for residents of Chiswick Village. It is noted that none of the spaces have been available for some time (since December 2016) as the owner closed access. Although parking is difficult as attested by submissions from residents of the area, and the objectors have submitted a parking survey rebutting the applicant’s parking survey, it is considered that the proposed development would not have a significant effect on highway safety or the efficient use of the highway network from the loss of the parking spaces. Officers have visited the site and it was noted that parking pressure within Chiswick Village was high but no evidence of significant impacts on highway safety or obstruction of traffic were observed. Taking into account the government’s and planning policy framework’s aim to minimise the use of private cars to reduce traffic congestion and air and noise pollution, and instead encourage more sustainable modes of transport such as cycling, walking, public transport and car clubs/ sharing, it is considered there would be a sufficient amount of off-street parking retained at Chiswick Village and nearby streets to serve the local area despite the proposal resulting in the loss of some off-street car parking in the locality.
7.67 The scheme includes the minor realignment and relocation of part of the
existing pedestrian path from Chiswick Village to Wellesley Road. The modification to the path is minor and would not adversely affect pedestrian movement across the site. Windows and balconies of the new units overlook the path, which would increase natural surveillance. Improved lighting and CCTV around the building would be recommended, with this also ensuring a sense of security is provided for users of the path. Conditions in respect of the path’s construction and associated lighting,
signage and CCTV are recommended, and a s106 obligation maintaining the public’s right of access is also recommended. The footpath is adopted public highway so separate permissions will be required to stop-up the existing path and re-provide it and for the new alignment to be adopted as public highway. The Stopping Up Order will need to be completed prior to completion of the development and the development should not be occupied until the relocated footpath has been constructed and is available for use. A temporary footpath must be provided prior to and during construction with details to be agreed prior to commencement of the development. Both of these issues will be covered by condition.
7.68 A Construction Logistics Plan is required to ensure minimal disruption of the
adjacent highway network. A condition in this regard is recommended. Conditions in respect of the car park provision and visibility splays at the access point are also recommended.
7.69 Therefore subject to the recommended conditions and obligation, the
transport impacts from the proposal are acceptable. H. Other Environmental Matters
Air quality
7.70 The site is within the Air Quality Management Area that covers the whole Borough and so it suffers from poor air quality. In this instance the site suffers poor air quality from its proximity to traffic fumes from the A4 which is nearby with NO2 pollution levels being above recommended levels. LP policy 7.14 says development proposals should minimise increased exposure to existing poor air quality and make provision to address local problems of air quality and be at least ‘air quality neutral’.
7.71 HLP policy EQ4 says the Council will seek to reduce the potential air quality
impacts of development and promote improved air quality conditions across the borough, in line with the Air Quality Action Plan by ensuring that development does not exacerbate existing air pollution and wherever possible improves air quality, by promoting development that reduces and limits exposure to emissions through on-site mitigation and is ‘air quality neutral’, and through sustainable design and planning obligations. Development is expected to “…incorporate mitigation measures where air quality assessments show that … end users could be exposed to air pollution”.
7.72 The proposed development is consistent with actions to minimise air quality
impacts through ensuring car parking does not exceed appropriate levels and indeed overall provision in the locality is reduced, whilst the scheme also includes use of on-site renewable energy generation, ensuring it would not exacerbate existing air pollution in the locality.
7.73 An air quality assessment showed units on the 3rd floor would be exposed to
levels of air pollution above the recommended levels so mechanical ventilation would be required in the building to bring in cleaner air and
reduce NO2 concentrations within the development to below the recommend maximum levels to ensure suitable living conditions.
7.74 The building layout has been designed to minimise exposure to air pollution
as far as possible by being setback of 8.5m from the boundary, having no windows facing the A4 in the northernmost flank wall, locating main habitable rooms away from the source of the pollution, and including mechanical ventilation with air intake from the cleaner façade (over 40m away from the road).
7.75 Given the high levels of pollution recorded in the area and further along the
A4 where even higher levels have been recorded, it is recommended that mechanical ventilation be provided throughout the building and that this mitigation being certified as adequate with conditions requiring the ventilation to be installed and tested prior to occupation of the units.
Noise and Vibration
7.76 The site is subject to noise and vibration from the adjacent railway, as well as vehicle traffic from nearby major roads. LP policy 7.15 states that development proposals should seek to reduce and manage noise and HLP policy EQ5 requires submission of a noise assessment where major schemes or a change to a more noise sensitive use are proposed.
7.77 Noise and vibration assessments were submitted with the application. The
site suffers from considerable traffic and railway noise, which is sometimes above desired limits. This assessment concludes however that the site is suitable for residential use provided the building utilises specified glazing and mechanical ventilation to habitable room façades. A condition securing these details, including pre-occupation testing has been recommended.
Flooding and Drainage
7.78 LP policy 5.12 covers flood risk management and risk. HLP policy EQ3 on flood risk and surface water management states that development should ensure that flood risk is reduced by ensuring that developments are located appropriately and incorporate any necessary flood resistance and resilience. The site is located in flood zone 1 and is at low risk of flooding.
7.79 The development includes sustainable drainage measures such as
attenuation and new soft landscaping to reduce water runoff to 50% of the greenfield rate. Therefore the proposal would have a positive effect on flood management and risk in the area and it would be adequately protected from flooding. Conditions to secure the drainage management details are recommended.
Contamination
7.80 LP policy 5.21 says appropriate measures should be taken to ensure that development on previously contaminated land does not activate or spread contamination LP policy EQ8 says the Council will ensure that contamination is properly considered and promote the remediation of land
where development comes forward, consistent with the Council’s Contaminated Land Strategy and the NPPF.
7.81 The site has no industrial history but has in part been previously developed
and so further investigations would be necessary prior to construction commencing. Therefore, subject to mitigation to be secured by conditions, there is no constraint to residential use on the site with regard to contaminated land.
Ecology
7.82 LP policy 7.19 says development should wherever possible make a positive
contribution to the enhancement, creation and management of biodiversity. LP policy 7.21 says that existing trees of value should be retained and trees should be replaced where appropriate. HLPO policy GB& seeks to protect and enhance the natural environment and increase the quantity and quality of the borough’s biodiversity.
7.83 The site is adjacent to a railway corridor that is identified as a Site of
Importance for Nature Conservation Grade 2 though the development site itself is of low ecological value with only one significant tree and some shrubs. There are also trees on adjacent land.
7.84 The proposal would retain all existing trees. An aboricultural impact
assessment has been carried out. Two trees in neighbouring gardens to the west would require some canopy pruning but there is a 2m high retaining wall on the boundary which would restrict root growth into the site. One tree on the site would potentially be affected by the minor re-alignment of the path. The assessment recommends appropriate construction methods and protection measures will need to be applied to minimise root damage and ensure its long term retention. Conditions are recommended in this regard. Overall the impacts on the nature conservation area are negligible whilst the scheme includes new planting of trees, shrubs and green roofs which would enhance the ecological value of the site.
I. Energy and sustainability
7.85 The broad aim of sustainable development is to ensure that the quality of social, economic and ecological environments are improved and maintained for future generations. The LP and HLP encourage sustainable development through many policies including promoting the use of energy efficient building design and materials, re-use of previously developed land and existing buildings, and location of development in or close to town centres and areas with good public transport.
7.86 LP policy 5.2 requires developments to make the fullest practicable contribution to minimising CO2 emissions following this energy hierarchy:
1. Be Lean: use less energy
2. Be Clean: supply energy efficiently
3. Be Green: use renewable energy
7.87 Policy EQ1 of the Local Plan says all development should meet the carbon dioxide emission reduction requirements of the London Plan, and major developments should consider additional energy reduction measures.
7.88 The applicant has submitted a detailed Energy and Sustainability Report, which details how the development can secure an on-site carbon dioxide emissions reduction of 42% against a Building Regulations Part L (2013) compliant baseline. This complies with the London Plan zero carbon requirements (35% reduction) subject to remaining regulated carbon emissions to be offset through a contribution towards the Council’s Carbon Offset Fund (to be secured by s106 obligation). This is to be partly achieved through the use of a solar photovoltaic (PV) system to generate on-site renewable energy. The PV panels would be located on the flat roof of the building, with the panels sited away from the edges of the roof to minimise their visibility.
7.89 The building also incorporates good practice energy efficient design such as heat recovery, LED lighting, ‘green’ sedum roofs, Combined Heat and Power and high efficiency condensing boilers and energy management control systems and low water use fittings.
7.90 The above measures and obligation would ensure the development meets objectives in regards to sustainable design.
8.0 Equalities Duties
8.1 The public sector equality duty applies to all council decisions.
8.2 A public authority or any person who exercises public functions must, in the exercise of those functions, have due regard to the need to:
(a) eliminate discrimination, harassment, victimisation and any other conduct prohibited by or under the Act;
(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
(c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
8.3 Having due regard to the need to advance equality of opportunity, this involves having due regard, in particular, to the need to:
(a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;
(b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;
(c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
8.4 This shall include, in particular, but is not limited to steps to take account of disabled persons' disabilities.
8.5 The exercise of public functions must have due regard to the need to foster good relations between persons who share a relevant protected characteristic and those who do not, in particular, to the need to:
(a) tackle prejudice; and
(b) promote understanding.
8.6 Compliance with these duties may involve treating some persons more favourably than others. This is not to be taken as permitting conduct that would otherwise be prohibited by or under the Act.
8.7 The relevant protected characteristics are: age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; marriage and civil partnership; and sexual orientation.
8.8 Due regard needs to be demonstrated in the decision making process and requires an analysis of the material with the specific statutory considerations in mind. It does not follow that the considerations raised will be decisive in a particular case the weight given to them will be for the decision maker. The equalities duty is not a duty to achieve a particular result. Some equalities considerations are covered under other legislation such as building control matters. Officers have in considering this application and preparing this report had regard to the public sector equality duty and have concluded that due regard has been given to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.
9.0 Planning Obligations 9.1 Local Plan Policy IMP3 seeks to ensure that development proposals fully
mitigate the impacts of the development on the area through a Section 106 Agreement, where necessary or appropriate, having regard to supplementary planning document and provide the CIL payments required by any charging scheduled, including the Mayor of London’s CIL. A payment or other benefit offered in a Section 106 agreement is not material to a decision to grant planning permission and cannot be required unless it complies with the provisions of the Community Infrastructure Levy Regulations 2010 (Regulation 122), which provide that the planning obligation must be:
(a) necessary to make the development acceptable in planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kind to the development.
9.2 The Section 106 agreement will not address all the impacts since some of these will be addressed by CIL, in order to satisfy the Regulation 122 tests above.
9.3 The NPPG provides guidance on use of planning obligations, which may
impose a restriction or requirement, or provide for payment to make acceptable development proposals that might otherwise not be acceptable in planning terms. The Council’s Supplementary Planning Document on Planning Obligations (adopted March 2008) contains guidance on imposition of planning obligations in compliance with such guidance. These obligations may offset shortfalls in the scheme or mitigate a development’s impacts.
9.4 The following draft Heads of Terms are likely to form the basis of the
Section 106 agreement, all of which are considered to satisfy the three Regulation 122 tests referred to above: (i) Affordable Housing – Comprising on-site provision of 4 units (2
affordable rent and 2 intermediate), with a review mechanism to capture any uplift in viability with a profit share for a financial contribution towards off-site affordable housing delivery
(ii) Construction training – A contribution of £2,750 for every £1m
construction costs or an agreed training strategy to assist skills and training of Hounslow residents.
(iii) CPZ permits – No residents’ parking permits for nearby CPZs.
(iv) Pedestrian path – Details of amended pathway to meet adoptable
standards, lighting, signage and CCTV, and to ensure a permanent public right of way across the site to the path to Wellesley Road (prior to occupation of units).
(v) Carbon Offset Fund – Contribution of £21,163 for regulated CO2
emissions required to meet London Plan ‘zero carbon’ target, to the Council’s Carbon offset fund.
(vi) Considerate Contractors Scheme – Management of construction activity to minimise disturbance of surrounding environment.
9.5 The section of pathway that is to be diverted needs to be formally stopped up/ diverted under the Town and Country Planning Act/ or Highways Act.
10.0 LOCAL FINANCE CONSIDERATIONS AND THE COMMUNITY INFRASTRUCTURE LEVY
10.1 Section 70(2) of the Town and Country Planning Act 1990 (as amended) provides that a local planning authority must have regard to a local finance consideration as far as it is material. A local finance consideration means:
a) a grant or other financial assistance that has been, or will or could be,
provided to a relevant authority by a Minister of the Crown; or
b) sums that a relevant authority has received, or will or could receive, in
payment of Community Infrastructure Levy (CIL).
10.2 The weight to be attached to a local finance consideration remains a matter for the decision maker. The Mayor of London's CIL and Hounslow CIL are therefore material considerations.
10.3 Most new development which creates net additional floor space of 100 square metres or more, or creates a new dwelling, is potentially liable to pay the CIL to Hounslow and the Mayor of London.
Floor space
(sqm)
Existing
lawful floor
space
Demolished
floor space
CIL liable
floor space
0 0 1,029
10.4 This proposal would be liable to pay the CIL which is index linked.
10.5 The estimated Hounslow CIL payable is £205,800 and Mayoral CIL payable is £36,015, less any relief granted for the affordable units.
11.0 CONCLUSION 11.1 The proposal would provide much needed good quality housing, including
affordable homes (50%), at a highly sustainable location on previously developed land. The contemporary building has an acceptable design that is compatible with the surrounding townscape and which does not adversely affect nearby heritage assets.
11.2 Although there are significant environmental constraints at this location from
air quality and noise pollution, adequate mitigation is proposed to ensure living conditions would be satisfactory, whilst consideration has been given to the overall need for new housing, including affordable housing. Stringent conditions in this regard are proposed, and occupation of the units is not permitted until testing shows standards that would ensure suitable living conditions have been met.
11.3 Subject to recommended safeguarding conditions and planning obligations,
the impacts on neighbours and the local transport network are satisfactory. 11.4 Therefore the development accords with the Development Plan and
approval is recommended. 12.0 RECOMMENDATION 12.1 APPROVAL subject to completion of a legal agreement
12.2 That planning permission be granted subject to the following conditions and
securing the abovementioned planning obligations by prior completion of a
satisfactory legal agreement(s) or unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 and/or other legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Regeneration, Economic Development and Environment on the advice of Corporate Governance.
12.3 The satisfactory legal agreement or unilateral undertaking outlined above
shall be completed and planning permission issued by 7 March 2018 or such extended period as may be agreed in writing by appropriate officers within the Department of Regeneration, Economic Development & Environment or Head of Governance’s Office.
12.4 If the legal agreement or unilateral undertaking is not completed by the date
specified above (or any agreed extended period), then the Executive Director Regeneration, Economic Development & Environment or Director of Economy, Enforcement and Environment or the Head of Development Management is hereby authorised to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010, development plan policies and the Planning Obligations SPD described above.
12.5 Following the grant of planning permission, where (a) requested to enter
into a deed of variation or legal agreement in connection with the planning permission hereby approved and by the person(s) bound by the legal agreement authorised in paragraph 1 above, and (b) where the planning obligations are not materially affected, and (c) there is no monetary cost to the Council, the Executive Director Regeneration, Economic Development & Environment or Director of Economy, Enforcement and Environment or the Head of Development Management is hereby authorised (in consultation with the Chair and upon the advice of the Head of Governance) to enter into a legal agreement(s) (deed of variation) made under Sections 106 and/or 106A of the Town and Country Planning Act 1990 and or other appropriate legislation.
Conditions
1 A1A Time Limit
The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: To accord with the provisions of Section 92 (1) of the Town and Country Planning Act 1990.
2 B4 Samples of Materials
No development shall take place until samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out in
accordance with the approved details
Reason: In order that the Council may be satisfied as to the details of the development in the interests of the visual amenity of the area and to satisfy the requirements of policies CC1 and CC2 of the adopted Local Plan.
3 B5 Approved Plans
The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans submitted therewith (2886/PL 01, 2886/PL 02, 2886/PL 03, 2886/PL 04, and 2886/PL 05) and approved by the Local Planning Authority, or as shall have been otherwise agreed in writing by the Local Planning Authority before the building is used.
Reason: To ensure the development is carried out in accordance with the planning permission.
4 N/S Construction Management Plan
No development shall take place, including any works of demolition, until a Construction Management and Logistics Plan has been submitted to, and approved in writing by, the local planning authority. The approved Plan shall be adhered to throughout the construction period. The Plan shall include:
a site plan (showing the areas set out below)
confirmation that a pre-start record of site conditions on the adjoining public highway will be undertaken with Hounslow Highways and a commitment to repair any damage caused
provision for the parking of vehicles of site operatives and visitors
provisions for loading, unloading and storage of plant and materials within the site
details of access to the site, including means to control and manage access and egress of vehicles to and from the site for the duration of construction including phasing arrangements with this to include swept paths for types of construction vehicles expected for the site shall also be included to demonstrate all construction vehicles would able to enter and exit A205 in forward gear.
details of vehicle routeing from the site to the wider strategic road network
the erection and maintenance of security hoarding including decorative displays and facilities for public
viewing, where appropriate
provision of wheel washing facilities at the site exit and a commitment to sweep adjacent roads when required and at the request of the council
a scheme for recycling/disposing of waste resulting from demolition and construction works
measures to ensure the safety of all users of the public highway especially cyclists and pedestrians in the vicinity of the site and especially at the access and those heading to and from Kew Bridge Station.
details of the arrangements to phase and coordinate construction work with other contractors in the vicinity of the site (including any work in respect of planning permission 00254/A/P6 for rooftop additions to Chiswick Village) to maximise the potential for consolidation and to minimise traffic impacts.
avoidance of peak hours for deliveries and details of a booking system to avoid vehicles waiting on the public highway
all necessary traffic orders and other permissions required to allow safe access to the site to be secured and implemented prior to commencement of construction
details of the construction programme and a schedule of traffic movements
REASON: To ensure highway safety is maintained and preserved in accordance with policy EC2 of the Local Plan
5 N/S Landscaping Prior to the commencement of works, details of both hard and soft landscape works for that Phase shall be submitted to and approved in writing by the Local Planning Authority. The works shall then be carried out as approved.
The detailed landscaping scheme shall include:
- soft planting: including any grass and turf areas, trees, planters, shrub and herbaceous areas including details of species, sizes, numbers/densities and sections of landscaped areas;
- a ‘Tree Planting Statement’ providing full details, locations, specifications and construction methods for all purpose-built tree pits and associated above ground features, including specifications for tree protection and a stated volume of suitable growing medium to facilitate and
promote the healthy development of the proposed trees, ensuring each tree has a soil volume equivalent of 0.6 times its canopy area at maturity;
- hard landscaping: including ground surfaces, kerbs, edges, ridge and flexible paving, furniture, steps, refuse disposal points and if applicable synthetic surfaces for both ground level and roof terrace level (where relevant);
- delivery/loading areas associated with each residential block entrance to allow sufficient space for deliveries to be taken at the entrance;
- fences and walls and any other boundary treatments,
- any play spaces and play equipment;
- any signage (Legible London) and information boards;
- brown (biodiversity) roofs/green walls (where relevant);
- any CCTV equipment;
- an external lighting strategy; and
- any other landscaping feature(s) forming part of the scheme.
The submission shall include a management programme for the lifetime of the development, which shall include: long term design objectives, management responsibilities and maintenance schedules for all hard and soft landscape areas, and details of any temporary landscaping (including boundary treatment) to be provided and management thereof.
All landscaping comprised in the approved details shall be carried out during the first planting and seeding seasons following completion of construction works. Any trees or shrubs planted (including any such replacements) which die within three years from the date of planting shall be replaced in the next planting season with the same species, and of comparable maturity. The development shall be carried out strictly in accordance with the details so approved and shall be maintained in accordance with the approved management programme.
Reason: To ensure a satisfactory appearance of the site and the adjacent the area, that the development will be accessible to all and in order that the Local Planning Authority may be satisfied that there will be ecological enhancements and as to the management of minor artefacts and structures, in accordance with Hounslow Local Plan policies CC1, CC2 and GB7 and Policies 7.19 (Biodiversity and access to nature), 5.3 (Sustainable design and construction), 7.8 (Heritage assets and archaeology) and 7.2 (An inclusive environment) of the London Plan.
6 N/S Retained Trees/ Protection
No development shall take place until the following details have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. (a) A plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75mm, showing which trees are to be retained and the crown spread of each retained tree; (b) Details of the species, diameter (measured in accordance with paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability, of each retained tree and of each tree which is on land adjacent to the site and to which paragraphs (c) and (d) below apply; (c) Details of any proposed topping or lopping of any retained tree, or of any tree on land adjacent to the site; (d) Details of any proposed alterations in existing ground levels, and of the position of any proposed excavation, (within the crown spread of any retained tree or of any tree on land adjacent to the site) (within a distance from any retained tree, or any tree on land adjacent to the site, equivalent to half the height of that tree); (e) Details of the specification and position of fencing (and of any other measures to be taken) for the protection of any retained tree from damage before or during the course of development. In this condition "retained tree" means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above. Reason: To enable the Local Planning Authority to ensure the retention of the maximum number of trees on the site and their protection from damage, in the interests of biodiversity and visual amenity area and to accord with policies CC1 Context and character, CC2 Urban design and architecture and GB7 Biodiversity of the adopted Local Plan.
7 N/S Plant noise
Any fixed external plant shall be designed and installed to ensure that noise emanating from such plant is at least 10dB below the background noise levels when measured from the nearest sensitive receptors. All plant shall be installed in accordance with the approved plans. No further fans, louvres, ducts or other external plant shall be installed without the written prior approval of the Local Planning Authority. Reason: To protect the amenities of existing and future residents and ensure that the development provides a high quality design in accordance with Local Plan policies CC1, CC2 and EQ5.
8 N/S Construction hours No demolition or construction work shall take place on the site except between the hours of 8am to 6pm on Mondays to Friday and 9am to 1pm on Saturdays and not at all on Sundays and Public Holidays. Reason: In order to safeguard the amenities of adjoining residents and the amenities of the locality in accordance with Local Plan policies CC1, CC2 and EQ5 and Policies 7.15 (Reducing noise and enhancing soundscapes) and 5.3 (Sustainable design and construction) of the London Plan.
9 N/S Drainage Design Prior to commencement of works (excluding site investigations and demolition), the applicant must submit for review and approval by the Lead Local Flood Authority final detailed drainage designs (including drawings, detailed runoff and storage calculations and a completed Hounslow Council Drainage Assessment Form) which demonstrate the surface water drainage and flood risk management proposals for the site in line with the June 2017 Outline Drainage Strategy. Calculations must demonstrate that surface water runoff will be managed on site for all storms up to and including the 1 in 100 year plus 40% climate change event, demonstrate methods for managing exceedance flows, and confirm whether the existing soakaway is to continue to be used for surface water drainage management post-development. An associated detailed maintenance plan for each drainage feature component proposed must also be submitted and must include all routine maintenance tasks (including frequencies) and confirmation of the body/bodies responsible for undertaking the maintenance. This should also include confirmation from Thames Water of the
acceptability of the proposed runoff into their surface water sewer network. Reason: To prevent the risk of flooding to and from the site in accordance with relevant policy requirements including but not limited to London Plan Policy 5.13, its associated Sustainable Design and Construction SPG, the Non-Statutory Technical Standards for Sustainable Drainage Systems, and Hounslow Council’s Local Plan Policy EQ3.
10 N/S Drainage Completion Prior to occupation of the units hereby approved, the applicant must submit for review and approval by the Lead Local Flood Authority evidence that the drainage system has been built as per the final detailed drainage designs through the submission of photographs and copies of installation contracts, and written confirmation that the drainage features will be managed as per the detailed maintenance plan for the lifetime of the development. Reason: To ensure that the methods to mitigate the risk of surface water flooding have been constructed as agreed and that the drainage system is suitably managed.
11 N/S Wheelchair User Dwelling A minimum of one Wheelchair User Dwellings, built to Building Regulations M4(3) standard, shall be completed prior to first occupation of the development. Reason: To ensure a socially inclusive and sustainable development in accordance with Local Plan Policy SC3 and policies 3.5 (Quality and design of housing developments) and 7.2 (creating an inclusive environment) of the London Plan.
12 J12 Phased Contamination Condition Before the development hereby permitted commences: a. A contaminated land Phase 1 desk study report shall be submitted to, and approved in writing by the Local Planning Authority. Should the Phase 1 report recommend that a Phase 2 site investigation is required, then this shall be carried out and submitted to, and approved in writing by the Local Planning Authority. The site shall be investigated by a competent person to identify the extent and nature of contamination. The report should include a tiered risk assessment of the contamination based on the proposed end use of the site. Additional investigation may be required where
it is deemed necessary. b. If required, a scheme for decontamination of the site shall be submitted to the Local Planning Authority, for written approval. The scheme shall account for any comments made by the Local Planning Authority before the development hereby permitted is first occupied. During the course of the development: c. The Local Planning Authority shall be notified immediately if additional contamination is discovered during the course of the development. A competent person shall assess the additional contamination, and shall submit appropriate amendments to the scheme for decontamination in writing to the Local Planning Authority for approval before any work on that aspect of development continues. Before the development is first brought into use: d. The agreed scheme for decontamination referred to in clauses b) and c) above, including amendments, shall be fully implemented and a written validation (closure) report submitted to the Local Planning Authority for approval. Reason: Contamination is known or suspected on the site due to a former land use. The Local Planning Authority (LPA) therefore wishes to ensure that the development can be implemented and occupied with adequate regard for public and environmental safety in accordance with policy EQ8 of the Hounslow Local Plan. Supporting notes: a. An initial phase 1 desk study must be submitted with the original application and will include the aims and objectives, data collection, site reconnaissance (walk over survey), and development of the initial Conceptual Model (CM), which identifies all potential pollutant linkages on the site. The report should also make recommendations for the further gathering of information and or intrusive investigation. The full site investigation must include intrusive testing for soil and groundwater contamination, soil gasses, and leachate. The investigation shall be carried out at such points and at such depths as the LPA may stipulate. Risk assessments must adhere to current UK guidance and best practice. b. The scheme for decontamination shall provide details of how each potential pollutant linkage, as identified in the conceptual model, will be made safe. c. In some instances the LPA may require work on site to be ceased whilst the nature of additional contamination is investigated fully. d. The validation report shall revisit the site conceptual model, and provide evidence that each aspect of the decontamination scheme was carried out correctly and successfully. This report shall prove that the development is suitable for its new use.
e. We request that site investigation reports or site plans be sent electronically to [email protected] or by post on a cd or dvd wherever possible
13 N/S Energy Assessment Prior to first occupation of the building(s) evidence (e.g. photographs, installation contracts and As-Built certificates under the Standard Assessment Procedure should be submitted to the Local Planning Authority and approved in writing to show that the development has been constructed in accordance with the approved Energy Strategy (Sustainability Statement by CDI Building Services Engineers, dated June 2017 and SAP Energy calculations received 12 October 2017), and any subsequent approved revisions. Reason: To ensure that the development makes the fullest contribution to minimising carbon dioxide emissions in accordance with London Plan Policy 5.2 and the London Borough of Hounslow Local Plan Policy EQ1.
14 N/S Water Efficiency Prior to first occupation of the building, evidence (schedule of fittings and manufactures literature) should be submitted to the Local Planning Authority and approved in writing to show that the development has been constructed in accordance with the approved internal water use calculations. Reason: in order to protect and conserve water supplies and resources in accordance with London Plan Policy 5.15 and the London Borough of Hounslow Local Plan Policy EQ2.
15 N/S Sustainable Sourcing of Materials No The development shall not be occupied until evidence (e.g. photographs and copies of installation contracts) have been submitted to the Local Planning Authority to demonstrate that the development has ensured: - At least three of the key elements of the building envelope (external walls, windows roof, upper floor slabs, internal walls, floor finishes/coverings) have achieved a rating of A+ to D in the Building Research Establishment (BRE) The Green Guide of specification. - At least 50% of timber and timber products used have been sourced from accredited Forest Stewardship Council (FSC) or Programme for the Endorsement of Forestry Certification (PEFC) schemes. - No construction or insulation materials have been used which will release toxins into the internal and external environment,
including those that deplete stratospheric ozone. Reason: in order to ensure the sustainable sourcing of materials in accordance with the London Plan Policy 5.3 and the Mayor of London’s Sustainable Design and Construction SPG.
16 N/S Delivery and Servicing Plan A Delivery and Servicing Management Plan shall be submitted to and approved in writing by the local planning authority prior to use of the development. The Plan shall require details on vehicles would deliver to the site. The measures approved in the Plan shall be implemented and maintained permanently maintained. Reason: In order to prevent obstruction and inconvenience to users of the adjacent highway and the premises, in the interests of road safety in accordance with policy EC2 of the Hounslow Local Plan.
17 N/S Pedestrian Visibility (Vehicular Accesses) Prior to the commencement of the development details of boundary treatments at the access road’s entrance to the site shall be submitted to and approved in writing by the Local Planning Authority to ensure that exiting drivers have satisfactory visibility of pedestrians. Approved details shall be implemented prior to the first occupation of the development and shall be maintained permanently thereafter. Reason: In order to prevent obstruction and inconvenience to users of the adjacent highway and the premises, in the interests of road safety and in order to promote sustainable transport modes in accordance with policy EC2 of the Hounslow Local Plan and London Plan Policy 6.13.
18 N/S Parking Prior to the first occupation of the development, the car and cycle parking, as set out in the approved plans, shall be constructed and made available for use. The parking arrangements shall include:
Ten car spaces shall be dedicated for the permanent use of the occupants of the new units.
One accessible car spaces for the permanent use of occupants of wheelchair unit hereby approved.
22 residents’ cycle parking spaces designed to meet London Cycle Design Standards and 1 visitor cycle space (Sheffield stand) close the front entrance of the
hereby approved building. Reason: In order to prevent obstruction and inconvenience to users of the adjacent highway and the premises, in the interests of road safety and in order to promote sustainable transport modes in accordance with policies CC1, CC2 and EC2 of the Hounslow Local Plan and London Plan Policy 6.13.
19 N/S Highways and Footpath Works No development shall commence until the Council has approved in writing full details of works affecting the public highway including: i) Improvements and making good of the proposed vehicular crossover and means of access to the site ii) New pavement surfacing. iii) Maintenance of pedestrian access on the footpaths past the site during construction iv) Details of the realigned public footpath across the site from Chiswick Village, including materials, signage, lighting and CCTV. The approved works shall be completed in accordance with the highway authority’s written approval and have been certified in writing as complete by the Council prior to occupation of any part of the development. Reason: To ensure appropriate arrangements for highways works are in place and the public footpath are satisfactory.
20 N/S Noise mitigation No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of a scheme providing for the insulation of the proposed dwellings against the transmission of externally generated road and rail noise (and vibration), taking account of any ventilation requirements necessary, in order to ensure that the maximum noise levels permitted within the dwelling rooms do not exceed those that are specified in Table 4 of BS8233 (2014) [Living Rooms= 35 dB; LAeq, 16 hours; Dining room/area = 40 dB LAeq, 16 hours; Bedroom = 35 dB LAeq, 16 hours during day-time (07:00 – 23:00) and Bedroom = 30 dB LAeq, 8 hours during night-time (23:00 – 07:00)].
Reason: To ensure satisfactory environmental conditions for the occupiers of the proposed building in accordance with Hounslow Local Plan Policy EQ5.
21 N/S Noise mitigation
The dwellings hereby approved shall not be occupied until details demonstrating that the approved noise mitigation scheme is compliant with the above condition, by carrying out post completion noise tests inside dwelling rooms by accredited/approved organisations in residential units affected and submitting test reports to that effect for approval in writing by the Local Planning Authority. Noise tests shall be carried out taking account of worst case environmental conditions, such as easterly operations at Heathrow, peak time traffic flows wind speed, direction and presence of temperature inversion. Continuous logged data shall be submitted, together with parameters measuring LAeq, 16 hours during day-time (07:00 – 23:00) and Bedroom = 30 dB LAeq, 8 hours during night-time (23:00 – 07:00), LA90 for day and night and LAFmax at 1m from external façade. LAFmax 45dB inside bedrooms is applicable by default, even though this metric has been excluded from BS8233 (2014); and design limit specified in BS8233 for external amenity areas is also equally applicable and shall be tested for compliance.
Reason: To ensure satisfactory environmental conditions for the occupiers of the proposed building in accordance with Hounslow Local Plan Policy EQ5.
22 N/S Air quality Prior to commencement of the development, (excluding site clearance and demolition) a report including detailed information on the proposed mechanical ventilation system with NOx filtration shall be submitted to and approved in writing by the Local Planning Authority. This report shall specify air intake locations and the design details and locations of windows to demonstrate that they avoid areas of NO2 pollution e.g. (A4). The whole system shall be designed to prevent summer overheating and minimise energy usage and to demonstrate that the internal air quality is satisfactory with the annual mean concentration of NO2 to not exceed µg/m3. The approved details shall be fully implemented prior to the occupation of the development and thereafter permanently retained and maintained. The maintenance and cleaning of the systems shall be undertaken regularly in accordance with manufacturer specifications, and shall be the responsibility of the primary owner of the property. Reason: To ensure satisfactory environmental conditions for the occupiers of the proposed building in accordance with Hounslow Local Plan Policy EQ5.
Informatives:
1 Granted, in accordance with pre-app advice
To assist applicants, the London Borough of Hounslow has produced planning policies and written guidance, which are available on the Council’s website. The Council also offers a pre-application advice service. In this case, the scheme was submitted in accordance with guidance following pre application discussions.
Background Papers:
The contents of planning file referenced on the front page of this report, save for exempt or confidential information as defined in the Local Government Act 1972, Sch. 12A Parts 1 and 2