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Athlone House, Hampstead planning report PDU/0861b/01 30 November 2010 Athlone House, Hampstead in the London Borough of Camden planning application no. 2009/3413/P Strategic planning application, referral post Council decision Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal Demolition of Athlone House and erection of a substantial single family dwelling with ancillary staff and guest accommodation. The applicant The applicant is Athlone House Limited, and the architect is Robert Adam Strategic issues The construction of a substantial replacement dwelling in Metropolitan Open Land and its impact on the conservation area is unacceptable. No affordable housing has been provided. Biodiversity issues could be dealt with by condition or agreement. Green roofs have not been provided and the carbon savings from renewable energy is unclear. Recommendation That Camden Council be advised that the application does not comply with the London Plan, for the reasons set out in paragraph 59 of this report. Context 1 Camden Council received an application to develop the above site for the above uses in July 2009 and resolved to refuse permission on 12 April 2010. Unfortunately the Council did not refer the application before this decision was made. The applicant has appealed against this decision and a public inquiry is due to be held in early February 2011. In light of this the Council sought the Mayor’s view on this application on 27 October 2010. 2 The application was refused for seven reasons – harm to Highgate conservation area and street scene, harm to character, appearance and setting of surrounding open spaces, inappropriate development on MOL, harmful impact on protected species, failure to contribute to supply of affordable housing and absence of legal agreement to secure level 3 Code for Sustainable Homes (although it is understood that the sixth reason, impact on bats, has now been resolved). page 1 3 The application is referable under Category 3D of the Schedule to the Order 2008: ” Development on Metropolitan Open Land which would involve the construction of a building with a floorspace of more than 1,000 square metres” 4 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description 5 The site is located near to Highgate Village, on the northern edge of Hampstead Heath. It is approximately half a mile from the village high street, on the southern side of Hampstead Lane. The Heath stretches southwards and westwards, whilst a private residence lies adjacent to the eastern boundary. The grounds of Highgate School are directly opposite the northern boundary, across Hampstead Lane. 6 The site was originally developed in 1870 as Caenwood Towers – a substantial mansion built in red brick in a Victorian style, combined with Jacobean gables. It is accompanied by three smaller buildings, Caen Cottages, The Gate House and The Coach House, all two-storey buildings located along the northern edge of the site. The building was used from 1951 by the NHS providing care for elderly and mentally infirm patients. The 1960’s and 70’s saw the addition of prefabricated wards, followed by two-storey nurses’ residence buildings. Athlone house itself has had a number of additions and extensions through the 20th Century. 7 The site is designated as Metropolitan Open Land and forms part of an extensive area of MOL covering Hampstead Heath, Kenwood, Parliament Hill and Highgate playing fields. There are no listed buildings on site or adjacent, although Kenwood House to the west is Grade I listed. The Kenwood Estate is also a Grade 2* registered landscape. The site and surrounds are located within the Highgate Conservation Area; Athlone House and the three associated buildings are identified in the Highgate Conservation Area Appraisal and Management Plan as making a positive contribution to the conservation area. The site is also designated as Private Open Space, a Site of Metropolitan Importance for Nature Conservation and a Proposals Site. These designations have carried through from the UDP to the recently adopted Core Strategy and Development Management DPDs (apart from the Proposals Site which remains part of the saved UDP pending adoption of the Site Allocations DPD). It should be noted that the site is not included in the draft Site Allocations DPD as it is now partly constructed. 8 Three blocks of flats have recently been built in the grounds of Athlone House (see case history below), these together with the three smaller buildings referred to above are excluded from this application site. Details of the proposal page 2 9 The application proposes demolition of Athlone House and construction of a three storey (plus basement) single-family dwelling plus three separate staff cottages and two separate guest cottages. A connected application for conservation area consent has also been submitted. Case history 10 In 2005 planning permission and conservation area consent was granted for the alteration, extension and conversion of Athlone House back to a single dwelling house, alteration extension and conversion of Caen Cottages, The Gate House and The Coach House, demolition of all remaining post war buildings and erection of three buildings of three, four and five storeys respectively to provide 22 flats. The application also involved donation of land as an extension of Hampstead Heath and delivery of off-site affordable housing. The associated Section 106 agreement required restoration of Athlone House within 42 months of commencement. 11 The former Mayor initially considered that application in November 2004, he supported the principle of the redevelopment subject to resolution of issues relating to affordable housing, biodiversity and transport (PDU/0861/01). In February 2005 he informed the Council he was satisfied that all the outstanding issues had been resolved and did not wish to direct refusal (PDU/0861/01). 12 The three blocks of flats have been built and the land has been donated as an extension to Hampstead Heath. The off-site affordable housing has also been provided. The requirement to complete restoration of Athlone House within 42 months expires this month. Strategic planning issues and relevant policies and guidance 13 The relevant issues and corresponding policies are as follows: MOL London Plan; PPG2 Affordable housing London Plan; PPS3; Housing SPG, Housing Strategy; Interim Housing SPG; Housing SPG EiP draft Historic Environment London Plan; PPS5 Urban design London Plan; PPS1 Access London Plan; PPS1; Accessible London: achieving an inclusive environment SPG; Planning and Access for Disabled People: a good practice guide (ODPM) Equal opportunities London Plan; Planning for Equality and Diversity in Meeting the spatial needs of London’s diverse communities SPG; Diversity and Equality in Planning: A good practice guide (ODPM) Biodiversity London Plan; the Mayor’s Biodiversity Strategy; PPS9; draft PPS Planning for a Natural and Healthy Environment Transport London Plan; the Mayor’s Transport Strategy; PPG13 14 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is the 2010 Core Strategy and Development Management Development Plan Documents, the 2006 Unitary Development Plan and the London Plan (Consolidated with Alterations since 2004). 15 The following is/are also (a) relevant material consideration(s): The draft replacement London Plan, published in October 2009 for consultation. The draft Site Allocations Development Plan Document. page 3 Athlone House planning brief February 1999. Metropolitan Open Land 16 London Plan policy 3D.10 (Metropolitan Open Land) gives statutory effect to the protection of MOL on principles similar to those accorded to the Green Belt (policy 3D.9). The essential features of both are their open character and permanence; and the principles that underpin their protection are well established and clearly affirmed by Central Government guidance issued in PPG2 (Green Belts). These principles are reinforced in policies 7.16 (Green Belt) and 7.17 (Metropolitan Open Land) of the Mayor’s consultation draft replacement London Plan. 17 Although never formally designated as such in a development plan the site was previously treated as if it were a major developed site and the guidance set out in Annex C of PPG2 was applied both in the planning brief and the assessment of the previous application. Paragraph C4 of PPG2 sets out that redevelopment of major developed sites should; (a) have no greater impact than the existing development on the openness of the Green Belt and the purposes of including land in it, and where possible have less; (b) contribute to the achievement of the objectives for the use of land in Green Belts (paragraph 1.6 - see also paragraph 3.13); (c) not exceed the height of the existing buildings; and (d) not occupy a larger area of the site than the existing buildings (unless this would achieve a reduction in height which would benefit visual amenity). 18 The applicant considers this application to be a variation of the existing permission and has sought to apply the guidance set out in paragraphs C4 to C10 of PPG2, as required by the Proposals Site designation in the UDP. With regard to criteria (d) the applicant states that there will be a reduction in footprint from 4,962 sq.m. (as existed prior to the previous application) to 4,099 sq.m. (the net effect of the previous application and this application). Under the previous application there was a reduction in footprint of 1,486 sq.m. from 4,962 sq.m. to 3,476 sq.m. 19 However, it is important to consider the change in footprint in the context of the total change in floorspace, since replacement of single storey buildings with taller buildings may well result in a reduction in footprint but could have a more harmful impact on the openness of the MOL.
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