PLANNING COMMITTEE 9 October 2018

Melek Ergen melek.ergen@hounslow.gov.uk

References: P/2017/5358 00558/4&8/P1

Address: 4 and 8 Harlequin Avenue, Brentford, TW8 9EW

Proposal: Demolition of existing building and construction of a six storey building for Class B1b / B1c office use with associated car parking.

This application is being taken to Planning Committee as a Major Scheme with a Legal Agreement

1.0 SUMMARY

1.1 The applicant seeks approval for demolition of the existing two storey building to be replaced by a six-storey building to provide some industrial space with ancillary parking.

1.2 The business intends to operate the site flexibly for research and development (Use Class B1b) and light industrial (Use Class B1c) purposes, as an enhancement of their existing facilities. They need the proposed floorspace for company operational requirements and they would remain as a business and employer within the Great West Corridor. The scheme would intensify the use of this employment site, with good quality design.

1.3 The proposal’s six storey, height and massing is acceptable and it is considered that there would be no harm to nearby heritage assets.

1.4 There would be 20 car parking spaces on the ground floor and 25 cycle parking spaces.

The application is recommended for approval subject to safeguarding conditions and legal agreement.

2.0 SITE DESCRIPTION

2.1 The site contains a part single-, part two-storey building on the east side of Harlequin Avenue, approximately 100 metres from its junction with the Great West Road (A4). The site measures 0.22 hectares and provides twenty informal car parking spaces in front of the building.

2.2 The site is occupied by AJAR Technology Ltd who specialise in advanced IT networks, technology and CCTV and operates as research and development / light industrial (B1b/B1c) use.

2.3 The site is in a designated ‘Strategic Industrial Location (SIL) – Industrial Business Park’.

2.4 The site is in Flood Zone 1 which means the site has very low risk of flooding.

2.5 To the east is New Horizons Court, formerly offices, in the process of

conversion to residential units under ‘Prior Approval’ permitted development.

2.6 To the north and south are two-storey buildings in office/industrial use and opposite is a five- to six-storey warehouse with a blank façade.

2.7 Northwards, beyond the site, Harlequin Avenue leads to Sky’s newly opened multi-storey car park.

2.8 The Great West Road Masterplan Capacity Study places this area is within Gillette Factory Creative Hub.

2.9 The site is close to the National Westminster Bank fronting the Great West Road and the Gillette Factory fronting Syon Lane, both are Grade II Listed.

2.10 The site has a public transport accessibility level (PTAL) of 2, which is categorised as ‘poor’. It is close to a bus route and within walking distance of Syon Lane railway station.

2.11 Double yellow lines prevent parking along the Harlequin Avenue.

3.0 HISTORY

None.

4.0 DETAILS OF PROPOSAL

4.1 The proposal is to demolish the existing part single- part two-storey building.

4.2 There would maintain the current 30 employees.

4.3 The proposal would have ‘Art Deco’ references in a contemporary manner. The new building would be five storeys with a sixth storey set back. The building would have glazed ground floor and horizontal glazing with solid bookends that would break up the linear nature of the site and accentuate the mass of the central feature with contrasting materials.

4.4 The building would be clearly identified with a base, middle and top.

4.5 The development involves a total gross internal area (GIA) of 4,748.59 square metres comprising:

Proposed floorspace by floor Gross Internal Area

Ground 858.99 square metres

First 543.83 square metres

Second 1,041.96 square metres

Third 546.61 square metres

Fourth 1,041.96 square metres

Fifth 715.24 square metres

Total 4,748.59 square metres

Proposed ground floor layout

4.6 Vehicular access would be a new entrance from the south. Exit would be from the existing vehicle access to the north. There would be 20 car parking spaces as existing and 25 cycle parking spaces.

4.7 The proposal would provide level access and lift to all floors.

5.0 CONSULTATIONS

5.1 A site notice was posted on 19/01/2018, and the application advertised in the press on 19/01/2018. 21 neighbours, Brentford Community Council, Oaklands Avenue Residents Group and Osterley & Wyke Green Residents Association (OWGRA) were notified on 10/01/2018. There were eight support letters and an objection from Brentford Community Council and OWGRA as follows.

Comment Response

Sensible development - will provide much needed bespoke work and studio space especially after the loss of New Horizons Court.

Noted.

Area is changing, A4 corridor being updated, building will have a positive impact on the neighbourhood, improve the area and provide a safe work environment and wellbeing to everyone.

Noted.

Better facilities, working environment and more space needed.

Noted.

Existing building is not energy efficient and needs regular repair.

Noted.

More and better car parking facilities needed. See paragraphs 7.46 and 7.47

5.2 Brentford Community Council:

We support the initiative in seeking to expand this business in Brentford and to increase the skilled workforce; (noted)

The revised design is a significant improvement, however our main concern of height has not been reduced and we are concerned at the unfortunate silhouette when building is seen from the A4 over New Horizons Court which is a four floor building sited on lower ground, (See paragraphs 7.34 to 7.42)

The relationship with Gillette Building is important. The buildings in the immediate area are up four floors high and it is clear that the roof of proposed building would be well above the OD level of the parapet of the Gillette building; (See paragraphs 7.34 to 7.42)

The Gillette building is a valued listed structure, designed by Sir Bannister Fletcher and it is important that the buildings in the immediate area should be subservient to it;

It would appear that other sites in the area are likely to be redeveloped and it is therefore very important that this building is kept below the parapet height of the Gillette building, both because of the harm a higher building on this site. If approved it will be difficult for the Council to refuse other dominating structures; (See paragraphs 7.34 to 7.42)

We request that the Council seek a revision to this design on four floors only which does not harm the listed Gillette building so that this important local firm can expand.

5.3 Osterley and Wyke Green Residents’ Association:

We agree with BCC comments;

There were no consultations before the plans were fully drawn up; (noted)

It would affect the skyline in the vicinity of a major listed building and local landmark (See paragraphs 7.34 to 7.40).

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 new National Planning Policy Framework (NPPF) was published and came into effect on 24 July 2018. The most important changes are: reinstatement of "social rent" in the NPPF's definition of affordable housing; 10% of the new housing has to be accommodated on small sites; importance of good design is strongly emphasised, also the new NPPF

makes it easier for councils to challenge poor quality and unattractive development, and; diversification of town centres is promoted to 'respond to rapid changes in the retail and leisure industries'. The NPPF is a material consideration for all applications since 24 July 2018 and as such, shall be taken into account in decision-making as appropriate. The new NPPF does not however materially change the assessments in the agenda. The full text of the document can be found here: https://www.gov.uk/government/publications/national-planning-policy-framework--2.

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 Council is currently undertaking two Local Plan Reviews; the West of Borough Local Plan review and the Great West Corridor Local Plan review. Consultation on the ‘Preferred Options Consultation’ document for both these reviews, and amendments to the adopted Local Plan, was undertaken between 23 October 2017 and 10 December 2017. The policies of these draft Plans are capable of being a material consideration in planning decisions. Their policies will gain more weight as they move through the examination process to adoption; however the weight given to them is a matter for the decision maker. At this stage only limited weight is to be given to these draft Plans due to them being only in the initial stages of consultation.

6.6 The adopted Local Plan documents and emerging Local Plan Review documents can be viewed on the Hounslow website.

6.7 Relevant London Plan Policies

2.16 Potential Strategic Outer London Development Centre

2.17 Strategic Industrial Locations

4.1 Developing London’s Economy

4.2 Offices

4.3 Mixed use development and offices

4.4 Managing industrial land and premises

5.1 Climate Change Mitigation

5.2 Minimising Carbon Dioxide Emissions

5.3 Sustainable Design and Construction

5.7 Renewable Energy

5.9 Overheating and Cooling

5.13 Sustainable drainage

5.15 Water use and supplies

6.3 Assessing effects of development on transport capacity

6.9 Cycling

6.10 Walking

6.13 Parking

7.2 An Inclusive Environment

7.3 Designing out crime

7.4 Local Character

7.6 Architecture

7.8 Heritage assets and archaeology

8.2 Planning Obligations

8.3 Community Infrastructure Levy

6.8 Draft London Plan Policies

GG2 Making the Best Use of Land

GG5 Growing a good economy

D2 Delivering Good Design

D3 Inclusive Design

D13 Noise

H2 Small Sites

E1 Offices

E5 Strategic Industrial Locations (SIL)

E7 Intensification, co-location and substitution of land for industry, logistics and services to support London’s economic function

HC1 Heritage Conservation and Growth

SI2 Minimising Greenhouse Gas Emissions

SI5 Water infrastructure

SI7 Reducing Waste and Supporting the Circular Economy

SI13 Sustainable drainage

T4 Assessing and Mitigating Transport Impacts

T5 Cycling

T6 Car Parking

DF1 Delivery of the Plan and Planning Obligations

6.9 Local Plan

CC1 Context and Character

CC2 Urban Design and Architecture

CC4 Heritage

SV1 Great West Corridor

ED1 Promoting Employment Growth and Development

ED2 Maintaining the Borough’s Employment Land Supply

ED4 Enhancing Local Skills

EQ1 Energy and Carbon Reduction

EQ2 Sustainable Design and Construction

EQ3 Flood risk and surface water management

EQ4 Air Quality

EQ5 Noise

EQ7 Sustainable waste management

EC1 Strategic transport connections

EC2 Developing a sustainable local transport network

IMP1 Sustainable development

IMP3 Implementing and monitoring the Local Plan

7.0 PLANNING ISSUES

The principle of development

7.1 The National Planning Policy Framework (NPPF) states that sustainable development is pursued in a positive way. At the heart of the Framework is a presumption in favour of sustainable development.

7.2 The NPPF paragraph 80 states that “planning policies and decisions should help create the conditions in which businesses can invest, expand and adapt. Significant weight should be placed on the need to support economic growth and productivity, taking into accounts both local business needs and wider opportunities for development.”

7.3 NPPF paragraph 81 states that planning policies should set out a clear economic vision and strategy which positively and proactively encourages sustainable economic growth, having regard to Local Industrial Strategies and other local policies for economic development and regeneration; be flexible enough to accommodate needs to anticipated in the plan, allow for new and flexible working practices, and enable a rapid response to changes in economic circumstances.

7.4 London Plan policy 2.17 identifies Great West Road as a ‘Strategic Industrial Location’ (SIL), or more specifically a strategic ‘Industrial Business Park’ (IBP) which are “particularly suitable for activities that need better quality surroundings including research and development, light industrial

and higher value general industrial, some waste management, utility and transport functions, wholesale markets and small-scale distribution.”

7.5 The London Plan 2.17 policy continues to state that “IBPs are not intended for primarily large-scale office development. Where office development is proposed on an IBP, this should not jeopardise local provision for light industrial accommodation where there is demand for these uses.”

7.6 Local Plan policy ED1 seeks to promote the employment growth of the Great West Corridor Strategic Outer London Development Centre as well as directing new industrial/warehousing and related development to the borough’s Strategic Industrial Sites. Furthermore, policy ED1 seeks to provide incubator space appropriate for start-up businesses as part of employment related development.

7.7 Local Plan policy ED2 seek to consolidate major industrial and office sites, including the protection of SILs. Facilities that support and enhance employment uses, such as workplace crèches or cafés may be acceptable if they are small-scale, ancillary to the site’s overall employment function.

7.8 Policy ED2 also continues to state: “IBPs are for firms that need better quality industrial surroundings, including B1b, B1c and high value B2 activities. The Borough has one designated IBP on the Great West Road the extent of which is shown on the policies map. The Great West Road IBP also forms part of the Great West Corridor Strategic Outer London Development Centre (SOLDC) which is identified in the London Plan as a strategically important area for digital and media-related industries. Development of SILs for non-industrial or related uses should be resisted other than as part of a coordinated process of consolidation, or where it addresses a need for accommodation for small or medium enterprises or new emerging industries, or where it provides local, small scale ‘walk to’ facilities for industrial occupiers of office space ancillary to industrial use. In the context of the two SILs in the Great West Corridor, media-related industries, which are largely office based, are recognised as a new emerging industry of strategic importance. In principle, these are an appropriate industrial use in this location.”

7.9 Policy GWC1 (Employment Growth) of the Local Plan Review Document (October 2017) states that the Council will seek to provide a mix of employment spaces that are attractive for the entire business community. The policy supports proposals for intensified use of employment sites.

7.10 This applies in this case, where an application proposes improved facilities for existing B1b/B1c uses. Although the company does not think there would be an increase over the present 30 employees, there would be space for growth. The business intends to operate from the site for research and development/light industrial purposes, as an enhancement of their existing facilities. The company needs the proposed floor space for its operational requirements and they would remain as business and employer in the Great West Corridor.

7.11 In light of this, the principle of the proposal would be acceptable as it would accord with national and local policies. The proposal would make the efficient use of brownfield land, consolidate the employment use of this site

in a Strategic Industrial Location and would be an improvement to the area and would be acceptable provided it:

is appropriately designed;

respects neighbours’ living conditions

respects heritage assets;

is accessible;

is appropriately serviced; and

meets sustainability requirements.

These considerations are examined as follows.

Design

7.12 The National Planning Policy Framework (NPPF) requires development to achieve good design, respond to local character and history, and reflect the identity of local surroundings, including materials, and prevent harm or loss to designated heritage assets, while not preventing or discouraging appropriate innovation.

7.13 The NPPF states that good quality design is an integral part of sustainable development and that decision takers should always seek high quality design. It states that achieving good design is about creating places, buildings or spaces that work well for everyone, look good, will last well, and adapt for the needs of future generations. It should have good design responding in a practical and creative way to both the function and identity of a place, putting land, water, drainage, energy, community, economic, infrastructure and other such resources to best possible use. The Framework also says 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 says that it is proper to seek to promote or reinforce local distinctiveness.

7.14 However it makes clear that 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 it is, itself, of good design (unless the concern relates to a designated heritage asset where the development’s impact would cause material harm to the asset or its setting, which is not outweighed by the proposal’s economic, social and environmental benefits).

7.15 Thus, the degree to which new development reflects and responds to the character and history of its surroundings is a key element of good design. This should be considered throughout the design process, and inform the positioning, massing, height, and materials. However, developing a design solution that works with its surroundings should not prevent or discourage appropriate innovation.

7.16 London Plan policies 7.4 (Local Character) 7.6 (Architecture) and Local Plan Policies CC1 (Context and Character) and CC2 (Urban Design and Architecture) CC4 (Heritage) all support, reinforce and reflect the NPPF

design principles.

7.17 There is a series of buildings along Great West Road and Syon Lane with Art Deco character and style, and these forms and characteristics have been applied to the proposed building in a more contemporary manner.

7.18 The proposal would have a grid elevation, horizontal banding, ‘book ends’, vertical piers, a canopy to the front entrance, rhythm and top glass pavilion all reminiscent of Art Deco design.

Front elevation of proposed building

7.19 The massing of the proposal is such that it would present a strong frontage to the street edge but the design features would help to break up the overall mass and add interest in this long site. This would be further reinforced thorough the materiality. While taller than the existing building, for mass fits well within the site and the surrounding townscape. The impact of the proposed height is discussed in more detail in the following paragraphs.

7.20 The building takes its cues from the local townscape with a modern interpretation and would have a clear base, middle and top arrangement.

Elevation Articulation of the proposed building – vertical brick to base, vertical windows, set-back top floor

7.21 The base would have vertically arranged grey brick protruding slightly from the main façade line to give the impression of a plinth running the length of the building. Vertical and horizontal brickwork provide some contrast to enhance the plinth idea and offer subtle architectural merit.

7.22 There would be three vertical windows in the middle part of the building, stretching from first to fifth floors in an attempt to break the horizontality of the building as it is a very long site. These vertical elements are similar to Art Deco style and proportions.

7.23 The bookend parapet extends slightly above the main glazing pieces allowing a more pronounced element to be formed. The street has no prevailing parapet height and the top floor would be set back and so have a modest visual impact at street level. There would be an external roof space enclosed by a glass balustrade.

Elevation Articulation of the proposed building – front canopy, vetical glazing, zinc cladding

7.24 The central portico entrance to the building would be similar to the Gillette building and zinc would be used to clad areas above the glazing.

7.25 The palette of materials (see suggested images below) would be predominantly brick (including a patterned ‘diaper’ brickwork plinth at ground level) with white render and metal cladding. Rendered banding is a common characteristic of ‘Art Deco’ style and the decorative brickwork is comparable to Art Deco embellishment. There would be curtain wall glazing to create a sleek contemporary finish externally and coloured splays would provide depth to the façade and also help break up the building length. Dark green has been chosen to complement the dark brick and the black window frames. Large expanses of glass are broken up - divided into smaller sections in an Art Deco fashion. The portico/canopy in the centre of the front elevation would highlight the entry point for visitors and users.

7.26 The exact detail of materials can be secured by condition (3) to ensure quality. Taking this into account, the design of proposal is not considered harmful to the surroundings.

Material examples for the proposed building

7.27 It is therefore considered that the development would be acceptable for this site in view of its surroundings. It is considered that it would have an acceptable effect on the area.

7.28 It is considered that it would deliver a high quality, well-designed building that responds well to and reflects the local context and character and would enhance the area. It is considered that the proposal’s form and massing are appropriate and that its scale and design is suitable which is considered to accord with the NPPF, and relevant London Plan and Local Plan Policies.

Impact on neighbours

7.29 The NPPF requires sustainable development and, as part of this, development should aim to avoid adverse effects on the local environment, which includes neighbouring properties.

7.30 London Plan policy 7.6 states that buildings should not unacceptably affect surrounding land and buildings, particularly dwellings in terms of privacy, overshadowing, wind and microclimate.

7.31 Local Plan Policy CC2 (Urban design and architecture) states that new development should protect the occupiers.

7.32 The closest and only residential properties to be affected by this proposal are units being created within the existing New Horizons Court building to the east. However, the proposal would be a minimum 20 metres (increasing to 25 and 28 metres) away from any habitable windows of this development and there would be no direct windows overlooking. Considering this distance, as well as the north-west orientation of the proposal site in relation to New Horizons Court, the proposed building would not be harmful to these flats’ privacy, light or outlook.

7.33 There is not considered to be any harmful impact on the surrounding industrial buildings and in line with BRE Guidance, there is no need to assess daylight and sunlight impacts on commercial buildings.

Impact on heritage assets

7.34 NPPF paragraph 113 states that in determining planning applications, local planning authorities should take account of:

● the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation;

● the positive contribution that conservation of heritage assets can make to sustainable communities including their economic viability; and

● the desirability of new development making a positive contribution to local character and distinctiveness.

7.35 NPPF paragraph 132 also emphasis that ‘when considering the impact of a proposed development on the significance of a designated heritage asset,

great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a Grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, Grade I and II* listed buildings, Grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.’

7.36 The NPPF (paragraph 134) continues to explain that ‘ where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.’

7.37 Local Plan policy CC4 deals with conservation of the Borough’s designated and non-designated heritage assets and states that this will be achieved by conserving and enhancing the borough’s beneficial and historic landmarks identified in the Urban Character Study, which provide a strong visual and physical presence in the townscape.

7.38 There are objections from residents’ associations regarding the height of the development and its harm on existing heritage assets. However, there are higher than four storey buildings close proximity to these listed buildings. Opposite the application site is a six storeys that sits between the Gillette Building and the application site. Further, the application site is a distance of 86 metres from the rear of Gillette site, and a distance of 180 metres from the front of the Gillette. The proposal would not be overly visible from the wider public view points of the Gillette building, just as the newly built 10 storey car park building on the Sky campus is not visible when viewing the Gillette building from the public domain. It is therefore considered that the setting of the surrounding listed buildings would be preserved with the proposed development.

7.39 The BCC objection also states that the building would be visible behind New Horizons Court from Great West Road. The site is positioned between 140 to 180 metres from the Great West Road and even it is visible this view would not be harmful or noticeably prominent.

7.40 The area has wider variety of building heights and the height of the development is appropriate to this location. The design includes elements which reduce the mass of the development and generally these are well considered.

7.41 Along Harlequin Avenue, views of the building would be so limited, even with its six-storey height that the proposal would not have harm the appearance of the area and therefore complies with NPPF, London and Local Plans.

7.42 In any event, the design is considered to be of high quality and the employment benefits of the proposal must be weighed in any assessment of the building’s visual effect on its surroundings. Harlequin Avenue is a narrow street and set well back from the Great West Road.

Parking, servicing, accessibility and access

7.43 Local Plan policy EC2 seeks to promote a more sustainable local travel network and maximise opportunities for walking, cycling and using public transport. It seeks to ensure that developments provide a reasonable number of cycle parking spaces and an appropriate maximum number of car parking spaces consistent with London Plan standards.

7.44 The site’s PTAL is 2 and it is therefore considered to have poor accessibility to public transport. Syon Lane Station is within 500 metres walking distance, while the H91 bus service towards Chiswick via Hammersmith Station or Hounslow West, operates every 7-11 minutes from Great West Road.

7.45 The 20 car parking spaces would be to the rear and sides of the building, accessed via a one-way circulation system into the site from the south and exiting from the northern end.

7.46 There would be an increase of 3,357 square metres gross internal floorspace. Although the applicants do not state this to be their intention, this could lead to a significant increase in the number of people employed on the site. The application states that the current occupiers will employ the same number of people but this cannot be conditioned and a future occupier may employ more. The submitted Transport Statement takes this into account and calculates the number of employees in accordance with Employment Density Guide 2015 which identifies a typical density of one employee per 47 square metres of site floorspace for land use class B1(c). Applying this to the total proposed floor area equates to a potential number of employees at the site as about 90. The statement justifies that, even should the floor area of the whole site be occupied on this basis, in the region of 20 cars would be driven to the site in the morning peak.

7.47 Furthermore the number of people driving to the site would be constrained by the low-level of on-site parking and local parking controls. Twenty car parking spaces would be provided on site which satisfies the London Plan requirement.

7.48 However to ensure that a change in situation changes would not unacceptably affect the area, conditions (7, 8, 9, 10. 11) require a Travel Plan, Delivery and Servicing Plan, Car Park Management Plan and Cycle Parking to be provided and the principles that to the Council would expect to see met would be enshrined in the s106 agreement.

7.49 The required principles for the Travel Plan would be – review and monitoring for five years, extended to ten years if targets are not met, mode share targets based on the number of parking spaces, to inform the Council if another company moves to the site and to re-write and resubmit the Travel Plan to account for any such increase in employees. This is required because; if another company moved onto the site the demand for employee car borne trips could increase significantly and would need to be managed.

7.50 For the Delivery and Servicing Plan the requirement is – all deliveries to be managed through a booking system and all deliveries to be undertaken on site (couriers and post could be an exception to this). This is necessary to ensure that Harlequin Avenue is kept clear of obstruction due to the level of traffic associated with Sky and to ensure there is no impact on its traffic signal junction with the Great West Road.

7.51 The Car Park Management Plan would be required – to state how the parking bays would be allocated, how they would be managed to ensure no parking outside the bays and in particular on the footway and forecourt, and how this would be enforced, to include a requirement for the Council to be notified of a change in occupier, and a rewrite of the Plan in that event, given the likely increase in parking demand.

7.52 The proposal would provide 20 long-stay and five short-stay cycle parking spaces, reflecting the low employment density. The cycle parking would also be added to the S106 agreement. This will need to be monitored through the Travel Plan but if the Council were to accept a lower provision than required by the London Plan then the S106 needs to include a specific requirement that if the number of employees increases or another company moves onto the site the amount of cycle parking is to be amended to accord with the London Plan minimum standards. The transport note states that the ‘Sheffield’ stands could be replaced by two-tier cycle parking to accommodate 24 cycles.

7.53 There also would be a S278 Agreement to cover highway works – closure of all existing vehicular accesses, lifting of kerbs and reinstatement of footway at these locations, resurfacing footway across the frontage of the site and a means to delineate the back edge of the adopted footway.

7.54 A Construction Logistics Plan in full accordance with current Transort for London (TfL) guidance, set out in line with the TfL template would be conditioned. This would need to ensure that the Harlequin Avenue carriageway is kept clear of obstruction. A standard condition can be applied.

7.55 The proposed plans indicate that a wide vehicle access is required for the northern service area. Full details of this will need to be submitted and agreed (as part of the S278 agreement) to ensure that the impact on pedestrians is acceptable.

7.56 There would be level access to the building for people with disabilities and lifts to all floors.

Sustainability

7.57 Sustainability underpins many London Plan and Local Plan policies. These require development to minimise waste, include energy efficiency measures, promote use of renewable energy, and not significantly increase requirements for water supply or surface water drainage.

7.58 As a significant redevelopment of the site, this proposal can make a substantial contribution to sustainable development in the Borough and it is important that it recognises and adopts sustainable development principles.

7.59 London Plan Policy 5.2 (Minimising carbon dioxide emissions) requires developments to make the fullest practicable contribution to minimising CO2

emissions following this energy hierarchy:

Be Lean: use less energy

Be Clean: supply energy efficiently

Be Green: use renewable energy

7.60 It continues that major development proposals should include a detailed energy assessment to show how the carbon reduction dioxide emissions targets it outlines are to be met within the framework of the energy hierarchy. In addition, the Mayor aims to ensure that major developments reduce carbon dioxide emissions from buildings, by reaching higher than the Target Emission Rate (TER) outlined in the national Buildings Regulations.

7.61 Policy EQ1 supports these objectives.

7.62 The applicant has submitted an Energy and Sustainability Statement. It sets out how the development would achieve the CO2 emissions target required and how it would meet the other sustainability criteria in these policies, including on-site energy generation through provision of photovoltaic solar panels (PV).

7.63 The proposal targets BREEAM ‘Excellent’ and the application contains a pre-assessment. There would be conditions (14, 15) to ensure the proposal complies with London Plan policies.

Flood risk and drainage

7.64 The site is located within Flood Zone 1 and would have low fluvial flood risk and surface water flooding. The application aligns with London Plan policy 5.13 and further details would be subject to conditions (12, 13).

Noise

7.65 The application includes a Noise Impact Assessment. This concludes that there would be no significant change, and therefore the proposal would have an acceptable effect on the noise environment in accordance with Local Plan policies EQ5 and CC2.

Legal Agreement (S106)

7.66 Local Plan Policy IMP3 seeks to ensure that development proposals fully mitigate the impacts of development on the area through a Section 106 agreement, where necessary or appropriate, having regard to supplementary planning document and that they provide the Community Infrastructure Levy (CIL) payments required by any charging schedule, 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:

necessary to make the development acceptable in planning terms

directly related to the development; and

fairly and reasonably related in scale and kind to the development.

7.67 The National Planning Policy Guidance (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.

7.68 The Planning Obligations also include the requirement to complete the highways works under a S278 agreement.

7.69 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) Considerate Contractors Scheme

It is appropriate that the developer registers with the Considerate Contractors Scheme. All sites registered with the Scheme are monitored by an experienced industry professional to assess their performance against the eight point Code of Considerate Practice which includes the categories Considerate, Environment, Cleanliness, Good Neighbour, Respectful, Safe, Responsible and Accountable.

ii) Construction training

In accordance with the Council’s Planning Obligations & CIL Supplementary Planning Document (SPD).

iii) End user training

In accordance with the Council’s Planning Obligations & CIL Supplementary Planning Document (SPD).

iv) Travel Plan

Review and monitoring for 5 years, extended to 10 years if targets not met, mode share targets based on the number of parking spaces, advise the council if another company moves on to the site and re-write and resubmit Travel Plan to account for any increase in number of employees.

v) Delivery and Servicing Plan

All deliveries to be managed through a booking system, all deliveries to be undertaken on site (couriers and post could be an exception to this).

vi) Car Park Management Plan

To state how the parking bays will be allocated, how they will be managed to ensure no parking outside the bays and in particular on the footway ad forecourt, how this will be enforced, include a requirement for the council to be notified of a change in occupier, and a rewrite of the CPMP in that event given the likely increase in parking demand.

vii) Cycle parking

To be monitored through the travel plan but if we are to accept a lower provision than is required by the London Plan then the s106 is to include a specific requirement that if the number of employees increases or another company moves onto the site the amount of cycle parking is to be amended to be in accordance with the London Plan minimum standards.

8.0 EQUALITIES DUTIES IMPLICATIONS

8.1 In response to its Equalities Duties and the Equality Act 2010 it is considered that there are no relevant implications that the Council needs to assess further in this case and that, in determining this application, the Council has complied with its duties.

9.0 COMMUNITY INFRASTRUCTURE LEVY

9.1 Some new developments granted planning permission will be liable to pay Community Infrastructure Levy (CIL) to the Mayor of London and Hounslow.

9.2 CIL is payable on new floor space or where a new dwelling is created or the net floor area increase exceeds 100 square metres.

Mayor’s £35 per square metre

Hounslow: Housing:

East £200/ square metre

Central £110/ square metre

West £70/ square metre

Supermarkets, superstores and retail warehousing: £155/ square metre

Health care, education and emergency services facilities: £0

All other uses: £20/ square metre

9.3 The proposal would be subject to the CIL charge for a GIA of 3,357 square

metres. The proposal would create a CIL charge of £117,495 for the Mayor and £67,140 for Hounslow.

10.0 RECOMMENDATION: APPROVAL with legal agreement

1. That planning permission be granted subject to the following conditions (subject to any minor variation of condition wording) and securing the abovementioned planning obligations by the prior completion of a satisfactory legal agreement or unilateral undertaking made under Section 106 of the Town and Country Planning Act 1990 and or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Housing, Planning and Communities Department on the advice of the Assistant Director Corporate Governance.

2. The satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 09/04/2019 or such extended period as may be agreed in writing by appropriate officers within the Housing, Planning and Communities Department or within Legal Services.

3. If the legal agreement or unilateral undertaking is not completed by the date specified above (or any agreed extended period), then the Chief Planning Officer or 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, as described in this Report.

4. 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 Chief Planning Officer or Head of Development Management is hereby authorised (in consultation with the Chair of the Planning Committee and upon the advice of the Assistant Director Corporate 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.

5. If planning permission is refused, the Chief Planning Officer or Head of Development Management (in consultation with the Chair of the Planning Committee) is hereby authorised to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it (a) duplicates the planning application, and (b) that there has not been any material change in circumstances in the relevant planning considerations, and (c) that a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time.

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 B5 Detailed Applications

The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans submitted therewith (Planning Statement; Transport Statement; Travel Plan; Sustainability Statement; Noise Assessment; Drainage Assessment and Form; Air Quality Assessment; Contaminated Land Risk Assessment – Phase 1 Desk Top Study; Heritage, Townscape and Visual Impact Assessment; Received 09/01/2018; Revised Energy Assessment; Supplementary Transport Statement; L001; L100; E100; E101; E200; E301; E200; Received 16/08/2018; Design and Access Statement; L100 Rev A; D100 Rev A; D101 Rev A; D102 Rev A; D103; D200; D300; D301 Rev A; Received 05/09/2018.) 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.

3 B4 Materials – Samples

Prior to the completion of substructure samples of the materials to be used in the construction of the external surfaces of the hereby permitted shall be submitted to and approved in writing by the local planning authority. 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 policy CC1 (Context and Character).

4 C29 Hours of demolition and construction

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 none shall take place on Sundays and Public Holidays without the prior agreement of the Local Planning Authority.

Reason: To protect neighbours’ living conditions in accordance with adopted Local Plan policy EQ5.

5 Landscaping

Prior to occupation of the development, the details of soft landscaping and boundary treatment shall be submitted and approved in writing by the local planning authority and it shall be implemented in accordance with the details hereby approved and any plants that die or are damaged within the first five years of planting and any other aspect of the landscaping that becomes damaged during that period shall be replanted or replaced in an equivalent manner.

Reason: In the interest of visual amenity and to protect the appearance of the area in accordance with Local Plan policies CC1 and CC2.

6 C14 Restriction on Use

The building hereby approved shall be used only for offices, research and development of products and processes, or light industry appropriate in a residential area and for no other purposes (only B1a, B1b or B1c) without further approval from the Local Planning Authority.

Reason: The Council is satisfied that the use hereby approved would be satisfactory but would wish to control future changes of use within the same Class to ensure no harm to nearby properties or conditions on the local highway.

7 Construction Logistics Plan

No development shall take place, including any works of demolition, until a Construction Management Plan shall be submitted and approved in writing by the local planning authority. The approved Plan shall be adhered to throughout the construction period. The Plan shall include:

i. a site plan (showing the areas set out below)

ii. 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

iii. provision for the parking of vehicles of site operatives and visitors

iv. provisions for loading, unloading and storage of plant and materials within the site

v. 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

vi. details of vehicle routeing from the site to the wider strategic road network

vii. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

viii. 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

ix. a scheme for recycling/disposing of waste resulting from demolition and construction works

x. 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

xi. commitment to liaise with other contractors in the vicinity of the site to maximise the potential for consolidation of deliveries and other traffic to site and to minimise traffic impacts.

xii. avoidance of peak hours for deliveries and details of a booking system to avoid vehicles waiting on the public highway

xiii. 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

xiv. details of the construction programme and a schedule of traffic movements

xv. the use of operators that are members of TfL’s Freight Operator Recognition Scheme (FORS)

Reason: To ensure highway safety is maintained and preserved in accordance with policy EC2 of the Local Plan.

8 Access Constructed Prior To Occupation

Notwithstanding the details shown on the approved drawings full details of the proposed accesses shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the building hereby permitted and shall be in full accordance with details to be submitted and agreed under a s278 Agreement. No other part of the development shall be occupied until all new means of access have been sited, laid out and constructed in accordance with the approved details. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the access in accordance with adopted Local Plan Policy EC2.

9 Closure of Existing Access

Prior to first occupation, all existing accesses not incorporated in the development hereby permitted shall be stopped up by raising the existing dropped kerb/removing the existing access and reinstating the footway and highway boundary to the same line, level and detail as the adjoining footway and highway boundary. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the access in accordance with adopted Local Plan Policy EC2.

10 Cycle parking – use

Before the use hereby approved is first brought into operation the cycle parking spaces and the access to them shall be provided in accordance with the scheme shown on the approved drawings and such spaces shall be permanently available for the users of the development without obstruction. Reason: To support sustainable transport objectives in accordance with adopted local plan policy EC2.

11 Delivery and servicing plan

Prior to first occupation, a Delivery and Servicing Plan (including details of vehicle access and egress arrangements and timing that servicing shall take place) shall have been submitted to and approved in writing by the Local Planning Authority. The details shall accord with current guidance such as that issued by Transport for London and include measures required to ensure sufficient arrangements – physical as well as managerial – for the servicing, including refuse collection, of all aspects of the development, the timing of hours for deliveries by motor vehicles and a timetable for implementation. The Plan shall be carried out as approved. The approved measures shall be implemented before the first occupation of the development hereby permitted and shall be so maintained for the life of the development. Reason: In the interests of the safety of pedestrians and vehicles, to protect neighbours’ living conditions and to support sustainable transport objectives in accordance with adopted local plan policy EC2.

12 Detailed drainage design

Prior to commencement of works (excluding site investigations and demolition), the applicant must submit a final detailed drainage design including drawings to and receive the approval of the local planning authority if amendments have been made to the December 2017 Drainage Statement and Drainage Assessment Form documents (including associated calculations). Where changes have been made to the proposed drainage system, detailed supporting calculations must be submitted to demonstrate that a runoff rate restriction to no more than three times the site’s greenfield conditions will be achieved with sufficient on-site storage, plus updated versions of the two drainage documents. 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.

13 Sustainable drainage

No building hereby permitted shall be occupied until evidence (photographs and installation contracts) is submitted to demonstrate that the sustainable drainage scheme for the site has been completed

in accordance with the approved details. The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan for all of the proposed drainage components.

Reason: To comply with the Non-Statutory Technical Standards for Sustainable Drainage Systems, the National Planning Policy Framework (Paragraph 103), the London Plan (Policies 5.12 and 5.13) along with associated guidance to these policies and Hounslow Council’s Local Plan Policy EQ3.

14 In accordance with Energy Strategy

The development shall be implemented in accordance with the approved Energy Strategy and shall not commence above ground until full Design Stage calculations under the National Calculation Method have been submitted to and approved in writing by the Local planning Authority to show that the development will be constructed in accordance with the approved Energy Strategy, and any subsequent approved revisions, and achieves a 35% reduction in emissions on Part L 2013. Within 3 months of first occupation of the building(s) evidence (e.g. photographs, installation contracts and As-Built certificates under the National Calculation Method) shall 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, and any subsequent approved revisions, and achieves a 35% reduction in emissions on Part L 2013. Upon final commencement of operation of the solar PV panels, suitable devices for the monitoring of the solar PV panels shall have been installed, and the monitored data shall be submitted automatically to a monitoring web-platform at daily intervals for a period of three years from the point of full operation. Upon final commencement of operation of the hereby approved air source heat pumps suitable devices for the monitoring of the air source heat pumps shall have been installed, and the monitored data shall be submitted automatically to a monitoring web-platform at daily intervals for a period of three years from the point of full operation. 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.

15 BREEAM

Within six months of work starting on site a BREEAM Fully Fitted Design Stage certificate and summary score sheet (or such equivalent standard that replaces this) must be submitted to and approved in writing by the Local Planning Authority to show that an ‘Excellent’ (minimum score 70%) rating will be achieved.

Within six months of first occupation of the building(s) a BREEAM Fully Fitted Post-Construction Review certificate and summary score sheet (or such equivalent standard that replaces this) must be submitted to and approved in writing by the Local Planning Authority to show that an ‘Excellent’ (minimum score 70%) rating has been achieved. Reason: To ensure that the development has an acceptable level of sustainability in accordance with the London Borough of Hounslow Local Plan Policy EQ2.

Informatives:

1 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 Council’s suggested improvements were adopted by the applicant.

2 We collect the Mayor of London’s Community Infrastructure Levy (CIL) at the rate of £35 per square metre of new floor space. Hounslow’s Community Infrastructure Levy (CIL) has been adopted. For details of the rates please refer to our web page: http://www.hounslow.gov.uk/community_infrastructure_levy_preliminary_draft_charging_schedule_march_2013.pdf

This development is liable for CIL. A Liability Notice will follow shortly. For further information please contact the CIL team on 020 8583 4898/4895 or view our web page:

http://www.hounslow.gov.uk/index/environment_and_planning/planning.htm

or the planning portal web page:

http://www.planningportal.gov.uk/wps/portal