Planning Committee 18/09/2019 Schedule Item 02

Ref : 192275FUL

Address: Land to the rear of Tesco Superstore, The Old Hoover Building, Western Avenue, UB6 8DW

Ward:

Proposal: Construction of a part 22-storey and part 10-storey residential building to accommodate 305 residential units (95x studio, 99x 1-bed, 94x 2-bed, 17x 3-bed) with ancillary communal multi-use space (residential work spaces, reception areas, resident gym, resident lounges and guest bedroom to rent), basement vehicle parking, refuse and cycle stores, landscaping and associated works including alterations to existing car park and access (following demolition of petrol filling station) and installation of sub-station

Drawing numbers: ARE PDE PL 0001 Site location plan; ARE-PDE PL 0002 Existing site layout plan; ARE-PDE PL 0003 Existing basement layout plan; ARE- PDE PL 0004 Demise plan; ARE-PDE PL 0010 Existing GA plan – Ground level; ARE-PDE PL 0011 Existing GA plan – Basement level; ARE-PDE PL 0100 Proposed demolition plan; ARE-PDE PL 0101 Proposed site layout plan; ARE-PDE PL 0102 Proposed basement layout plan; ARE-PDE PL 0110 Proposed GA plan - Ground level; ARE-PDE PL 0111 Proposed GA plan - Level 1 plan; ARE-PDE PL 0112 Proposed GA plan - Level 2 plan; ARE-PDE PL 0113 Proposed GA plan - Level 3 / 8 plan; ARE-PDE PL 0114 Proposed GA plan - Level 9 plan; ARE-PDE PL 0115 Proposed GA plan - Level 10 plan Lower roof level ; ARE-PDE PL 0116 Proposed GA plan - Level 11 / 20 plan; ARE- PDE PL 0117 Proposed GA plan - Level 21 plan; ARE-PDE PL 0118 Proposed GA plan - Upper roof level plan; ARE-PDE PL 0119 Proposed GA plan - Basement level plan; ARE-PDE PL 0120 Proposed Allocation Plan – Basement Level Plan; ARE-PDE PL 0150 Proposed South Elevation; ARE-PDE PL 0151 Proposed North Elevation; ARE- PDE PL 0152 Proposed East and West Elevation; ARE-PDE PL 0160 Proposed long section A; ARE-PDE PL 0161 Proposed cross section B; ARE-PDE PL 0162 Proposed cross sections C, D, E, F; ARE-PDE PL 0180 Phasing - existing - basement level ; ARE-PDE PL 0181 Phasing - existing - ground level; ARE-PDE PL 0182 Phasing - Phase 1 - basement level; ARE-PDE PL 0183 Phasing - Phase 1 - ground level; ARE-PDE PL 0184 Phasing - Phase 2 - basement level; ARE-PDE PL 0185 Phasing - Phase 2 - ground level; ARE-PDE PL 0186 Phasing - Phase 3 - basement level; ARE-PDE PL 0187 Phasing - Phase 3 - ground level; ARE-PDE PL 0188 Phasing – proposed – basement level; ARE-PDE PL 0189 Phasing – proposed – ground level; ARE-PDE PL 0200 Proposed block plan - Ground level tower building plan; ARE- PDE PL 0201 Proposed block plan - Ground level linear building plan; ARE-PDE PL 0202 Proposed block plan - Level 1 tower building plan; ARE-PDE PL 0203 Proposed block plan - Level 1 linear building plan; ARE-PDE PL 0204 Proposed block plan - Level 2 tower building plan; ARE-PDE PL 0205 Proposed block plan - Level 2 linear building plan; ARE-PDE PL 0206 Proposed block plan - Level 3 / 8 tower building Planning Committee 18/09/2019 Schedule Item 02

plan; ARE-PDE PL 0207 Proposed block plan - Level 3 / 8 linear building plan; ARE-PDE PL 0208 Proposed block plan - Level 9 tower building plan; ARE-PDE PL 0209 Proposed block plan - Level 9 linear building plan; ARE-PDE PL 0210 Proposed block plan, Level 10 tower building plan, Lower roof level; ARE-PDE PL 0211 Proposed block plan, Level 10 linear building plan, Lower roof level; ARE-PDE PL 0212 Proposed block plan - Level 11 / 20 tower building plan; ARE-PDE PL 0213 Proposed block plan - Level 21 tower building plan; ARE-PDE PL 0250 Substation Plan, Section and Elevations; ARE-PDE PL 0251 Car Park Stair Plans & Sections (West & East); ARE-PDE PL 0252 Car Park West Stair Elevations & Roof Plan; ARE-PDE PL 0253 Car Park East Stair Elevations & Roof Plan; ARE-PDE PL 0600 Typical Façade details; ARE-PDE DR900 Landscape Masterplan; ARE-PDE DR901 Landscape Masterplan; ARE-PDE DR902 General Arrangement Plan; ARE-PDE DR903 Levels Strategy; ARE-PDE DR904 Planting Strategy; ARE-PDE DR905 Terrace Masterplan; ARE-PDE DR906 Terrace General Arrangement Plan; ARE-PDE DR907 1:250 A1 Terrace Planting Strategy

Supporting documents:

Design and Access Statement (HTA); Landscape / Open Space Strategy (within DAS) (HTA); Energy Strategy and Sustainability and Design and Construction Statement (Mecserve); Geotechnical Assessment (Campbell Reith); Noise and Vibration Report (24 Acoustics); Transport Statement (TPA); Air Quality Assessment (GEM Air Quality Ltd); Statement of Community Involvement (Cratus); Tree Survey and Arboricultural Implications Assessment (Treework Environmental); Daylight, Sunlight and Overshadowing Assessment (HTA); Archaeological Assessment (CgMs); Flood Risk Assessment and Drainage Details (Campbell Reith); Biodiversity / Protected Species Survey and Report (Ecology Solutions); Wind Assessment (SLR); Fire Strategy (Omega Fire); Heritage Impact Assessment (KM Heritage); Financial Viability Assessment (GL Hearn); and Planning Statement (GL Hearn)

Type of Applications: Full Planning Application

Applications Received: 21.05.2019 Revised: N/A

Report by Katie Crosbie Recommendation: Grant planning permission subject to –

1. Completion of a s106 Agreement; 2. Planning Conditions of Consent; and 3. Stage II referral to the Mayor of London

Executive Summary

This planning application seeks permission for a build-to-rent redevelopment of the site to provide 305 flats with communal multi-use spaces for residents such as a gym, work spaces and lounge areas. The proposal would comprise a single building with a ‘tower’ element of 22-storeys in height and a ‘shoulder’ element that would be 10-storeys. An associated application for planning permission has Page 2 of 65

Planning Committee 18/09/2019 Schedule Item 02 been submitted to reconfigure the parking arrangements at the ground and basement levels, as a result of losing some car parking. Construction is anticipated to commence in January 2020.

The proposal would provide an additional 305 homes within the borough, on a previously developed site, which is supported by local and regional planning policies that seek to increase supply and choice of housing. Moreover, it would contribute to meeting ’s annual monitoring targets for housing and is considered acceptable subject to compliance with the aims and objectives of wider policy considerations including for affordable housing, heritage, design and appearance, density, transport, residential amenity and quality of living conditions.

Seventy-four of the proposed units within the build-to-rent development would be affordable housing which equates to 35% overall by habitable room. The proposed tenure split would be 24% London Living Rented units, 27% Ealing Discounted Market Rented units and 49% Discount Market Rented units. The proposed housing mix and sizing of units for each tenure has been accepted by Council’s Housing department.

The architecture for the proposed building is a high-quality contemporary interpretation of the , Grade II* listed Hoover Building rather than a pastiche replication. The Hoover Building is recognised by Historic England as being one of London’s best-known Art Deco buildings and a prominent landmark along Western Avenue, one of the main routes out of London.

The proposed buildings horizontal lines, curved corners, depth in façade treatment and colour scheme would respect the Hoover Building though it would still have its own unique appearance and identity. Its design, including the relationship between its lower and taller elements, has also been carefully considered to achieve an appropriate massing and that the amenity of neighbouring residential properties is protected. The taller element, with its high-quality Art Deco style, would constitute an interesting work of architecture that acts as a ‘place-making’ or ‘wayfinding’ to the Hoover Building. While significantly taller than the surrounding low-rise buildings, the development would not be harmful to the character of the area on this basis.

From the A40, the main elevation of the Hoover Building is set within its front garden and surrounds and views of the building from this location are the most significant and sensitive. Heritage England expressed concern over two views of the Hoover Building from the A40 that would be disrupted by the proposed building. Based on Historic England’s assessment, the proposal would result in ‘less than substantial harm’ to setting of the Hoover Building which, in line with the National Planning Policy Framework, would be sufficiently compensated by its numerous public benefits including being an enhancement of the physical quality of the site, the provision of a substantial amount of residential accommodation including affordable units, its positive placemaking elements and ensuring the economic and future viability of the area.

Given the application sites good Public Transport accessibility with a PTAL of 3, less than one vehicle parking space is proposed per unit in line with London Plan policy. Parking provision includes two car club spaces and active and passive electric vehicle charging points would be required by way of condition should planning permission be granted. To ensure there would not be an increase in parking pressure, it has been recommended that the applicant enter into a Section 106 legal agreement to prevent future occupiers of the development obtaining parking permits for adjacent Controlled Parking Zones and contribute £3,000 to monitor an approved Travel Plan. Ealing Council’s Transport Services department have reviewed the proposal and do not raise any concern with the level of parking provision proposed.

The internal and external living environment for future occupiers of this high-density scheme is considered acceptable and of a high quality that largely meets adopted standards and policies. While Page 3 of 65

Planning Committee 18/09/2019 Schedule Item 02 there would be some shortfalls in daylight provision as well as for private/external amenity space and a high proportion of single aspect units, this would be adequately compensated by oversized units, generous provision of internal facilities and communal spaces and financial contributions for local parks and play areas.

The impact of the scheme on immediately adjoining residential occupiers would be negligible in respect of outlook and privacy as well as daylight/sunlight as demonstrated by the submitted daylight/sunlight assessment.

It is considered that the proposal is consistent with the aims of the relevant policies of the Ealing Development Management Development Plan Document (2013), the Ealing Development Strategy 2026 (2012), The London Plan (2016), The draft London Plan (2019), relevant Supplementary Planning Guidance, the National Planning Policy Framework (2019) and emerging planning policy documents. It is therefore recommended that planning permission should be approved with conditions, subject to a legal agreement and Stage II referral to the Mayor of London.

Recommendation :

That the committee GRANT planning permission subject to Stage II referral to the Mayor of London, Conditions, and the satisfactory completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the items set out below.

Heads of Terms

The proposed financial contributions to be secured by the s106 agreement is set out as follows.

Proposed Contributions Contribution Heading

Education infrastructure £504,024 Healthcare provision £451,425 Air quality monitoring & improvement measures £30,500 Renewable energy monitoring contribution £8,253 Carbon offsetting contribution £195,390 Highways works £192,500 Travel Plan Monitoring £3,000 Tree planting £45,955 Local parks contribution £123,918 Playspace contribution £23,078 Employment skills and tranining £36,000 Total Contributions £1,614,043

• Affordable Housing provision of 35% based on habitable rooms; 24% of affordable homes to be London Living Rent, 27% Ealing Discounted Market Rent and 49% Discount Market Rent;

• Participation in an Apprentice and Placement Scheme. The Apprentice and Placement Scheme shall provide opportunities across the development, including the construction, design and post construction management of the development. Details of the Apprentice and Placement Scheme shall be agreed with the Council but shall include at least 14 apprenticeship placements; Page 4 of 65

Planning Committee 18/09/2019 Schedule Item 02

• Restriction of Parking Permits - all the units shall be precluded from obtaining a parking permit and visitor parking vouchers to park within the surrounding Controlled Parking Zones and future CPZ’s in the area;

• The provision of two car club bays;

• Provision for re-allocation of contributions within the overall amount agreed to allow flexibility with regard to final costs, to ensure that impacts of the development are properly met;

• All contributions to be index linked;

• Payment of the Council’s reasonable Legal and other professional costs in preparing and completing the agreement.

AND subject to the following conditions:

Conditions/Reasons for Planning Application Ref. 192275FUL

1. Time Limit

The development permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In order to ensure that this allocated site is brought forward for development as soon as practicable and to comply with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended).

2. Approved Plans

The development hereby approved shall be carried out in accordance with drawings: ARE PDE PL 0001 Site location plan; ARE-PDE PL 0002 Existing site layout plan; ARE-PDE PL 0003 Existing basement layout plan; ARE-PDE PL 0004 Demise plan; ARE-PDE PL 0010 Existing GA plan – Ground level; ARE-PDE PL 0011 Existing GA plan – Basement level; ARE-PDE PL 0100 Proposed demolition plan; ARE-PDE PL 0101 Proposed site layout plan; ARE-PDE PL 0102 Proposed basement layout plan; ARE-PDE PL 0110 Proposed GA plan - Ground level; ARE-PDE PL 0111 Proposed GA plan - Level 1 plan; ARE-PDE PL 0112 Proposed GA plan - Level 2 plan; ARE-PDE PL 0113 Proposed GA plan - Level 3 / 8 plan; ARE-PDE PL 0114 Proposed GA plan - Level 9 plan; ARE-PDE PL 0115 Proposed GA plan - Level 10 plan Lower roof level ; ARE-PDE PL 0116 Proposed GA plan - Level 11 / 20 plan; ARE-PDE PL 0117 Proposed GA plan - Level 21 plan; ARE-PDE PL 0118 Proposed GA plan - Upper roof level plan; ARE-PDE PL 0119 Proposed GA plan - Basement level plan; ARE-PDE PL 0120 Proposed Allocation Plan – Basement Level Plan; ARE-PDE PL 0150 Proposed South Elevation; ARE- PDE PL 0151 Proposed North Elevation; ARE-PDE PL 0152 Proposed East and West Elevation; ARE- PDE PL 0160 Proposed long section A; ARE-PDE PL 0161 Proposed cross section B; ARE-PDE PL 0162 Proposed cross sections C, D, E, F; ARE-PDE PL 0180 Phasing - existing - basement level ; ARE-PDE PL 0181 Phasing - existing - ground level; ARE-PDE PL 0182 Phasing - Phase 1 - basement level; ARE-PDE PL 0183 Phasing - Phase 1 - ground level; ARE-PDE PL 0184 Phasing - Phase 2 - basement level; ARE-PDE PL 0185 Phasing - Phase 2 - ground level; ARE-PDE PL 0186 Phasing - Phase 3 - basement level; ARE-PDE PL 0187 Phasing - Phase 3 - ground level; ARE-PDE PL 0188 Phasing – proposed – basement level; ARE-PDE PL 0189 Phasing – proposed – ground level; ARE- PDE PL 0200 Proposed block plan - Ground level tower building plan; ARE-PDE PL 0201 Proposed Page 5 of 65

Planning Committee 18/09/2019 Schedule Item 02 block plan - Ground level linear building plan; ARE-PDE PL 0202 Proposed block plan - Level 1 tower building plan; ARE-PDE PL 0203 Proposed block plan - Level 1 linear building plan; ARE-PDE PL 0204 Proposed block plan - Level 2 tower building plan; ARE-PDE PL 0205 Proposed block plan - Level 2 linear building plan; ARE-PDE PL 0206 Proposed block plan - Level 3 / 8 tower building plan; ARE- PDE PL 0207 Proposed block plan - Level 3 / 8 linear building plan; ARE-PDE PL 0208 Proposed block plan - Level 9 tower building plan; ARE-PDE PL 0209 Proposed block plan - Level 9 linear building plan; ARE-PDE PL 0210 Proposed block plan, Level 10 tower building plan, Lower roof level; ARE-PDE PL 0211 Proposed block plan, Level 10 linear building plan, Lower roof level; ARE-PDE PL 0212 Proposed block plan - Level 11 / 20 tower building plan; ARE-PDE PL 0213 Proposed block plan - Level 21 tower building plan; ARE-PDE PL 0250 Substation Plan, Section and Elevations; ARE-PDE PL 0251 Car Park Stair Plans & Sections (West & East); ARE-PDE PL 0252 Car Park West Stair Elevations & Roof Plan; ARE-PDE PL 0253 Car Park East Stair Elevations & Roof Plan; ARE-PDE PL 0600 Typical Façade details; ARE-PDE DR900 Landscape Masterplan; ARE-PDE DR901 Landscape Masterplan; ARE-PDE DR902 General Arrangement Plan; ARE-PDE DR903 Levels Strategy; ARE- PDE DR904 Planting Strategy; ARE-PDE DR905 Terrace Masterplan; ARE-PDE DR906 Terrace General Arrangement Plan; ARE-PDE DR907 1:250 A1 Terrace Planting Strategy.

Reason: For the avoidance of doubt and in the interests of proper planning.

3. Construction Management Plans (Demolition and Construction Phases)

A Construction Management Plan (CMP) shall be submitted to and approved in writing by the Local Planning Authority in consultation with Transport for London (TfL) for each phase of the proposed development, specifically:

A. Prior to demolition and site clearance to manage the demolition phase of the development; and B. Prior to the construction of the development to manage the construction phase of the development

The CMPs should include the cumulative impacts of construction traffic, likely construction trips generated, and mitigation proposed. The CMP would also need to take account of construction of other major developments in the area. It is essential that the existing bus stops on Broadway adjacent to the site are not affected during the construction phase.

The submission shall also include the following details: a) The number of on-site construction workers and details of the transport options and parking facilities for them; b) details of construction hours; c) anticipated route, number, frequency and size of construction vehicles entering/exiting the site per day; d) delivery times and booking system (which is to be staggered to avoid morning and afternoon school-run peak periods); e) route and location of site access for construction traffic and associated signage; f) management of consolidated or re-timed trips; g) details of noise and vibration mitigation measures and monitoring arrangements for noise and vibration by suitably qualified noise specialists. Noise and vibration mitigation measures must accord with the Mayor’s 'Best Practice Guidance’; h) details of site security, temporary lighting and the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; i) secure, off-street loading and drop-off facilities; j) wheel washing provisions; Page 6 of 65

Planning Committee 18/09/2019 Schedule Item 02 k) vehicle manoeuvring and turning, including swept path diagrams to demonstrate how construction vehicles will access the site and be able to turn into and emerge from the site in forward gear and including details of any temporary vehicle access points; l) details as to the location(s) for storage of building materials, plant and construction debris and contractors’ welfare facilities and offices; m) procedures for on-site contractors to deal with complaints from members of the public; n) measures to consult cyclists, disabled people and the local schools with regard to delivery times and necessary diversions; o) details of all pedestrian and cyclist diversions, and measures to improve safety for vulnerable road users p) a commitment to be part of Considerate Constructors Scheme; and q) confirmation of use of TfL's Freight Operator Recognition Scheme (FORS) or similar. r) The submission of evidence of the condition of the highway prior to-construction and a commitment to make good any damages caused during construction. s) Details of parking restrictions which may need to be implemented during construction work. t) An Air Quality and Dust Management Plan (AQDMP) that includes an Air Quality (Dust) Risk Assessment produced in accordance with current guidance ‘The Control of Dust and Emissions during Construction and Demolition SPG’, GLA, July 2014. u) Details of all Non-Road Mobile Machinery (NRMM) to be used on the development site. All NRMM shall meet as minimum the Stage IIIB emission criteria of Directive 97/68/EC and its subsequent amendments unless it can be demonstrated that Stage IIIB equipment is not available. An inventory of all NRMM must be registered on the NRMM register https://nrmm.london/user-nrmm/register. All NRMM shall be regularly serviced and service logs kept on site for inspection. Records shall be kept on site which details the emissions standard of all equipment.

Prior to the commencement of any construction work, all residential properties surrounding the site shall be notified in writing of the nature and duration of the works to be undertaken, and the name and address of a responsible person to whom enquiries / complaints should be directed. These details shall also be displayed at regular intervals around the site construction compound.

The development shall be carried out strictly in accordance with the details so approved. Any areas to be used for the storage of building materials or other site activities outside of the relevant phase of the development shall be returned to the original condition immediately following the practical completion of the development.

Such details shall be implemented, and phasing agreed in writing, prior to the commencement of works on site and thereafter retained for the duration of the works.

Reason: To protect the amenity of local residents and to ensure adequate highway and site safety in accordance with policies 6.3, 6.13, 7.13, 7.14 and 7.15 of the London Plan (2016); the National Planning Policy Framework (2012); Greater London Authority Best Practice Guidance 'The Control of Dust and Emissions from Construction and Demolition (2006); and BS 5228-1:2009 - Code of practice for noise and vibration control on construction & open sites-Part 1: Noise.

4. Contaminated Land Site Investigation

Prior to the commencement of any works on site (other than demolition and site clearance) and based on an approved conceptual site model (contained within CAMPBELL REITH REPORT 13027 APRIL 2019) a site investigation shall investigate the site and any previously inaccessible ground. The site conceptual model shall be amended based on the findings of the intrusive site investigation and the risks to identified receptors up dated. This assessment must be undertaken by a competent person, Page 7 of 65

Planning Committee 18/09/2019 Schedule Item 02 and shall assess any contamination on the site, whether or not it originates on the site. The findings of the site investigation and proposed remedial options shall be submitted to the Local planning authority for approval in writing prior to any remedial works commencing and any development works commencing.

Reason: To ensure the land contamination issues are addressed in accordance with policy1.1 (j) of the adopted Local Development Framework (Core Strategy 2012), policy 5.21 of the London Plan 2015 and Ealing Local Variation to London Plan Policy 5.21 of the Ealing Development Management Development Plan 2013.

5. Land Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use shall be submitted to and subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, other than that required to carry out remediation works.

Reason: To ensure the land contamination issues are addressed in accordance with policy1.1 (j) of the adopted Local Development Framework (Core Strategy 2012), policy 5.21 of the London Plan 2015 and Ealing Local Variation to London Plan Policy 5.21 of the Ealing Development Management Development Plan 2013

6. Verification of Land Remediation

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the Local Planning Authority. The verification report submitted shall be in accordance with the Environment Agency guidance and best practice.

Reason: To ensure the land contamination issues are addressed in accordance with policy1.1 (j) of the adopted Local Development Framework (Core Strategy 2012), policy 5.21 of the London Plan 2015 and Ealing Local Variation to London Plan Policy 5.21 of the Ealing Development Management Development Plan 2013.

7. Sustainable Urban Drainage Strategy - Detailed Design and Maintenance Plan

Prior to commencement of groundworks (excluding site investigations, demolition and site clearance), final detailed drainage designs including drawings and supporting calculations (and updated Drainage Assessment Form) must be submitted to the Local Planning Authority (in consultation with the Lead Local Flood Authority) for review and approval, aligned with the Flood Risk Assessment Revision 01, prepared by Campbell Reith dated April 2019, the Surface Water Management Plan Revision 01, prepared by Campbell Reith dated April 2019, and email response to LLFA dated 22nd May 2019 with attached landscape strategy. A detailed management plan confirming routine maintenance tasks for all drainage components must also be submitted to demonstrate how the drainage system is to be maintained for the lifetime of the development. The development shall be carried out strictly in accordance with the approved detailed drainage scheme and maintenance plan.

Reason: To prevent the risk of flooding to and from the site by ensuring that sufficient storage of surface flood water is provided and achieved with appropriate sustainable drainage techniques, in Page 8 of 65

Planning Committee 18/09/2019 Schedule Item 02 accordance policies 1.1 and 1.2 of the Ealing Core Strategy (2012); local variation to the London Plan policy 5.12 of the Ealing Development Management DPD (2013); policies 5.12 and 5.13 of the London Plan (2016); Sustainable Design and Construction SPG; and the National Planning Policy Framework (2012).

8. Sustainable Urban Drainage Strategy – Verification of Implementation

Prior to first occupation of the development evidence (photographs and installation contracts) shall be 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.

9. External Surface Materials

Prior to commencement of the superstructure works, details of the materials to be used for the external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority. The samples and details shall include all window treatments, privacy screens, balcony structures and balustrading treatment, brick detailing, ceramic tiling and any other materials to be used. This condition shall apply notwithstanding any indications as to these matters which have been given in this application. Development shall be carried out only in accordance with the approved details and permanently retained thereafter.

Reason: To ensure that the materials harmonise with the surroundings, in accordance with policies 7.4 and 7B of the Ealing Development Management DPD (2013); policy 2.10 of the Ealing Development Strategy 2026 DPD (2012); policies 7.4 and 7.6 of the London Plan (2016); and the National Planning Policy Framework (2012).

10. Transport and/or Commercial and/or Industrial Noise Sources

Prior to the commencement of the superstructure works, a noise assessment in accordance with Ealing Supplementary Planning Guidance 10 shall be submitted to the Local Planning Authority for approval in writing, of external noise levels associated with transport and industrial/ commercial sources.

Details shall include the sound insulation of the building envelope incl. glazing specifications (laboratory tested and approved to BS EN ISO 140-3:1995 & BS EN ISO 10140-2:2010 incl. frames, seals and ventilators) and of acoustically attenuated ventilation and cooling as necessary (with air intake from the cleanest aspect of the building) to achieve internal room- and (if provided) external amenity noise standards in accordance with the limit levels of BS8233:2014.

Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

Reason: To ensure that the amenity of future occupiers of the development site are not adversely affected by noise from transport, commerical or industrial noise sources, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy

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Planning Committee 18/09/2019 Schedule Item 02

(2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013).

11. Sound Insulation between Residential Units

Prior to commencement of the superstructure works, details shall be submitted to the Local Planning Authority for approval in writing, of an enhanced sound insulation values of at least 5dB above the Building Regulations value, for the floor/ceiling/wall structures separating different types of rooms/uses of adjoining dwellings, namely, multi-use studios above/below/adjoining bedroom use of neighbouring dwelling and kitchen/living/dining room above/below/adjoining bedroom use of a separate dwelling.

Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

Reason: To safeguard the future occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013).

12. Sound Insulation between Residential Units and Communal Facilities/Gym/Plant Room

Prior to commencement of the superstructure works, details shall be submitted to the Local Planning Authority for approval in writing, of the sound insulation of the floor/ ceiling/ walls separating communal facilities/areas such as the gym/ communal doors/ stairwells/ lobby and lift lobbies/ basement plant rooms/ bin room/ basement car park etc. from dwellings.

Details shall demonstrate that the sound insulation value is enhanced by at least 15-20dB above the Building Regulations value for residential use. Where necessary, additional mitigation measures shall be implemented to separate communal/plant/vehicle/gym etc. noise from dwellings and to ensure that the criteria of BS8233:2014 are achieved within the dwellings.

Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

Reason: To safeguard the future occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013).

13. External Noise Mitigation from Plant and Machinery, Ventilation Ducting etc.

Prior to commencement of the superstructure works, details shall be submitted to the Local Planning Authority for approval in writing, of the external sound level emitted from plant/ machinery/ equipment and mitigation measures as appropriate, as measured at/ calculated to the nearest and/or most affected noise sensitive premises.

The measures shall ensure that the external sound level LAeq emitted from plant, machinery/ equipment will be lower than the lowest existing background sound level LA90 by at least 5 dBA at the most noise sensitive receiver locations.

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Planning Committee 18/09/2019 Schedule Item 02

The assessment shall be made in accordance with BS4142:2014, with all machinery operating together at maximum capacity. Details of any noise mitigation measures shall be submitted for approval. A post installation sound assessment shall be carried out where required to confirm compliance with the noise criteria and additional steps to mitigate noise shall be taken, as necessary.

Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained

Reason: To safeguard the future occupiers of the development and neighbouring occupiers against unacceptable noise, vibration and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013).

14. Anti-Vibration Mounts and Silencing of Machinery etc.

Prior to first use, machinery, plant or equipment/ extraction/ ventilation system and ducting at the development shall be mounted with proprietary anti-vibration isolators and fan motors shall be vibration isolated from the casing and adequately silenced and maintained as such.

Reason: To ensure that the amenity of occupiers of the development site and surrounding premises is not adversely affected by vibration, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013).

15. Gym External Doors and Windows to Remain Shut

The gym use shall not commence until all external doors to the gym have been fitted with self-closing devices, which shall be maintained in an operational condition and at no time shall any external door nor windows be fixed in an open position.

Reason: To safeguard the future occupiers of the development and neighbouring occupiers against unacceptable noise, vibration and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013).

16. Gym - Vibration Isolation

Prior to commencement of the superstructure works, details shall be submitted to and approved in writing by the Local Planning Authority, of proprietary anti-vibration mounts and/or other mitigation measures for the isolation of walls/ floor/ceiling, exercise equipment and loudspeakers.

Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

Reason: To ensure that the amenity of future occupiers of the development and neighbouring occupiers against unacceptable noise, vibration and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013).

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Planning Committee 18/09/2019 Schedule Item 02

17. Gym Hours of Use

The use of the gym shall not be permitted during the hours of 22:00 - 07:00.

Reason: To ensure that the amenity of future occupiers of the development and neighbouring occupiers against unacceptable noise, vibration and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013).

18. Sustainable Design and Construction

Prior to the commencement of the development Sustainable Design and Construction strategies which includes full details of the measures that are to be incorporated into the development to achieve the requirements of the local and regional planning policies shall be submitted to and approved in writing by the local planning authority in line with the Mayor’s Sustainable Design and Construction SPG. The development shall be constructed in line with the approved energy and sustainability measures. Reason: In the interest of addressing climate change and to secure sustainable development in accordance with policies 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan 2016, policies LV5.2 and 7A of Ealing’s Development Management DPD 2013, and policies 1.1(k) and 1.2(f) of Ealing’s Development (Core) Strategy 2012 and Mayor’s Sustainable Design and Construction SPG.

19. Water Efficiency

Prior to the first occupation of each residential unit, the approved domestic units shall incorporate and maintain measures to ensure that the residential units will meet water efficiency standards with a maximum water use target of 105 litres or less of water per person per day in line with the Sustainability Statement (November 2017) prepared by Silver Energy Management Solutions.

Reason: To ensure the sustainable use of water, in accordance with policy 5.15 of the London Plan 2016.

20. Overheating and Cooling The development shall incorporate the overheating and cooling measures in line with CIBSE TM49 & TM52 guidance and detailed in the Dynamic Overheating Assessment submitted by Mecserve as part of the Energy and Sustainability Strategy in April 2019. Reason: To ensure that the risk of overheating has been sufficiently addressed in accordance with policy 5.9 of the London Plan; Ealing’s Development (Core) Strategy, and Development Management DPD.

21. Energy Strategy

a) Prior to final completion the permitted development shall incorporate and maintain, and in the case of energy generation equipment confirm as operational, the approved measures to achieve an overall reduction in regulated CO2 emissions of at least 57.65% (equal to 177 tonnes of CO2 per year) beyond Building Regulations Part L 2013. These CO2 savings shall be achieved through the Lean, Clean, Green Energy Hierarchy as detailed in the approved Energy Statement prepared by Mecserve in April 2019 including:

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Planning Committee 18/09/2019 Schedule Item 02

i. Lean passive design measures to achieve an annual reduction of at least 36 tonnes, equating to 11.73%, in regulated carbon dioxide (CO2) emissions over BR Part L 2013. ii. Clean energy connection to a possible future District Heat Network connection (DHN), and. iii. Green renewable energy equipment including the incorporation of two photovoltaic arrays with a combined total capacity of 38.33 kWp, and 20 x Air Source Heat Pump(s) to achieve an annual reduction of at least 141 tonnes, equating to 45.93% in regulated carbon dioxide (CO2) emissions over the Be Lean stage of the Energy Hierarchy. b) Prior to commencement of construction details of the specifications, design and layout of the proposed low and zero-carbon (LZC) energy equipment shall be submitted to and approved in writing by the Local Planning Authority. Equipment details shall include exact Heat Pump thermal kilowatt output, heat network distribution pipe diameter, monthly energy demand profile, and the number of PV arrays, the kWp capacity of each array, and the orientation, pitch and mounting of the panels. The development shall be implemented only in accordance with the approved details. c) Within three months of the first use of the permitted development the relevant Energy Performance Certificates [EPC's], accompany Advisory Reports and detailed BRUKL modelling output reports showing clearly the BER and TER from the 'as built stage' following completion of the development to confirm compliance in terms of savings achieved through energy efficiency measures shall be submitted to and approved by the Local Authority. The development shall be carried out strictly in accordance with the approved details. Reason: In the interest of addressing climate change and to secure an environmental sustainable development in accordance with policies, 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan 2016, guidance note 11 of the GLA Energy Assessment Guidance 2018, policies LV5.2 and 7A of Ealing’s Development Management DPD 2013, and policies 1.1(k) and 1.2(f) of Ealing’s Development (Core) Strategy 2012.

22. Energy Centre

Prior to commencement of the approved development the following details should be submitted to the Local Planning Authority for written approval: a) Evidence of investigation of ways to connect to any available District Heat Network and briefings of discussions with neighbouring developers. If a suitable heat network is available a timetable for connection to the network shall be submitted to the Council for approval; b) Details of the layout of the energy plant room and equipment and the method of how the facility shall be designed to connect to, or allow for future connection to, an offsite district heating network, if an on-site energy centre is provided; c) Consideration and demonstration of the installation or safeguarding an identified route from the energy centre/plant room to the property boundary, roadway or similar for flow and return pipes to enable connection to a future area wide DEN, if an on-site energy centre is provided; d) The district heating network shall be designed with specifications that are compliant with or better than the specifications as set out in the Heat Networks: Code of Practice for the UK; e) The development shall be carried out in accordance with the approved details.

Reason: To secure the measures set out within the approved Energy Strategy Statement and to ensure that the development energy plant room is designed in a manner which allows for the connection to an existing or potential future offsite district heat network. To ensure that the development contributes to Page 13 of 65

Planning Committee 18/09/2019 Schedule Item 02 reducing the use of fossil fuel or other primary energy generation capacity, and to reduce emissions of greenhouse gases in accordance with policies 5.3, 5.5 and 5.6 of the London Plan 2015, policies 1.1(k) and 1.2(f) of Ealing’s adopted Development (or Core) Strategy 2012, policy LV5.2 of Ealing’s Development Management DPD, and the Mayor’s Sustainable Design and Construction SPG.

23. Post Construction Energy Monitoring

a) The developer shall enter into a legal agreement with the Council to secure a S106 financial contribution for the post-construction monitoring of the renewable/low carbon technologies to be incorporated into the development as per energy and CO2 Condition(s). b) Upon completion of the development and prior to occupation, suitable devices for monitoring any renewable/low-carbon energy equipment or district heat and/or electricity imported to the site shall be installed. The monitored data shall be automatically submitted to the Council at daily intervals for a period of three years from occupation and full operation of the energy equipment. The installation of the monitoring devices and the submission and format of the data shall be carried out in accordance with the Council's approved specifications as indicated in the Automated Energy Monitoring Platform (AEMP) information document. c) The developer must contact the Council’s chosen AEMP supplier (Energence Ltd) on commencement of construction to facilitate the monitoring process. Upon final completion of the development and prior to occupation, the developer must submit to the Council proof of a contractual arrangement with a certified contractor that provides for the ongoing, commissioning, maintenance, and repair of the renewable/low-carbon energy equipment for a period of three years from the point that the building is occupied and the equipment fully operational. Reason: To monitor the effectiveness and continued operation of the renewable/low carbon energy equipment in order to confirm compliance with energy policies and establish an in-situ evidence base on the performance of such equipment in accordance with the relevant policies in the London Plan 2016 (currently 5.2), Ealing's Development (Core) Strategy 2026 (3rd April 2012) and Development Management DPD policy 5.2, E5.2.3, and Policy 2.5.36 (Best Practice) of the Mayor’s Sustainable Design & Construction SPG.

24. Fresh Air Ventilation for Residential Units

Prior to the commencement of the superstructure works, details of a ventilation strategy for the development shall be submitted to the local planning authority for approval. The strategy shall include details of the ventilation to be provided dwellings, to ancillary multi-use space and to the basement car park. The details as approved shall be completed before the first occupancy of the redevelopment and maintained permanently thereafter. The ventilation system as approved shall be completed prior to first occupation of the residential units and shall be retained permanently thereafter.

Reason: To minimise exposure to existing poor air quality, and provide a suitable internal living environment for future occupiers, in accordance with policy 7.14 of the adopted London Plan (2016); policy 1.1(j) of the Ealing Development Strategy 2026 DPD (2012); and policy 7A of the Ealing Development Management DPD (2013)

25. Thames Water - Wastewater Network Upgrades

No properties shall be occupied until confirmation has been provided that either: (a) all wastewater network upgrades required to accommodate the additional flows from the development have been completed; or (b) a housing and infrastructure phasing plan has been agreed with Thames Water to Page 14 of 65

Planning Committee 18/09/2019 Schedule Item 02 allow additional properties to be occupied. Where a housing and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed housing and infrastructure phasing plan.

Reason: The development may lead to sewage flooding and network reinforcement works are anticipated to be necessary to ensure sufficient capacity is made available to accommodate additional flows anticipated from the new development. Any necessary reinforcement works will be necessary to avoid sewer flooding and/or potential pollution incidents

26. Hard and Soft Landscaping (including Tree Planting), Boundary Treatments and Furniture

Notwithstanding the submitted information full details of hard and soft landscaping and boundary treatments shall be submitted to and approved in writing by the local planning authority prior to first occupation. These details shall include (but not limited to):

• Details of hardscape, boundary treatment and furniture pallette to inlude not just material and height but also specifications, colour schemes and how these would work with the the associated building materials pallette • Details of hardscape, planting and furniture pallete for the rooftop communal amenity space • Details of children’s play areas including play equipment, and safety surfaces • Details of a planting pallette including species and mixes for trees, shrubs, perennials, bulbs, grass and wildflower meadows • Details of a Landscape Management Plan for a minimum period of 5 years from the implementation of final planting • Details of the green roof construction and specification, together with a maintenance schedule

The approved details of the hard landscaping and boundary treatments shall be implemented prior to occupation and retained thereafter.

The soft landscaping details shall be laid out and planted within the first planting season following the commencement of the development or other such period as may be agreed in writing with the local planning authority. The quality of all approved landscape works shall be in accordance with British Standard 4428:1989 ‘Code of Practice for General Landscape Operations’ or any subsequent revision.

All trees included within the approved scheme shall be healthy, well-formed specimens with single leading shoots and shall be of a minimum quality compatible with British Standard 3936:1992 (Part 1) ‘Specifications for Trees & Shrubs’ and British Standard 4043 (where applicable) or any subsequent revisions.

Any trees or other plants which within a period of 5 years from the completion of all tree planting die, are removed, uprooted are significantly damaged, become diseased or malformed shall be replaced during the nearest planting season (1st October to 31st March inclusive) with others of the same size, species and quality as approved.

Reason: In the interests of visual amenity, and in ensuring suitable recreational space and external environment for residents and visitors to the site in accordance with policies 3.6, 5.10, 6.9, 6.10, 7.4 and 7.21 of the London Plan (2015), policies 7B, 7.4, 7D and 5.10 the Ealing Development Management DPD (2013) and Ealing’s SPG 9 - Trees and Development Guidelines.

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27. Travel Plan

A detailed Travel Plan shall be submitted to and approved in writing by the Local Planning Authority prior to occupation. The development shall be carried out strictly in accordance with the approved Travel Plan.

Reason: To promote sustainable modes of transport, and to ensure that the development does not exacerbate congestion on the local road network, in accordance with policies 1.1 (f) (g) of the Ealing Development Strategy 2026 (2012); policies 6.3, 6.11 and 6.13 of the London Plan (2016); and Ealing's Sustainable Transport for New Development SPG.

28. Cycle Parking

Notwithstanding the submitted documents, details shall be submitted prior to the first occupation of the development to demonstrate the provision of at least 516 long stay secure and sheltered cycle parking spaces, and at least 9 short stay cycle parking spaces are carried out to the specifications and adopted standards of the London Plan, the London Cycle Design Standards, and the Local Planning Authority.

These details shall include:

• A mechanically or pneumatically assisted system for accessing the upper level of any double- decker cycle storage racks; • Storage/Parking racks that allow for double-locking; • Minimum aisle widths as set out in the London Cycle Design Standards; • A variety of stand design to meet the needs of people with a wide range of abilities, ages; and • Parking that would accommodate larger cycles, such as adapted cycles

The approved details shall be brought into use prior to first occupation and retained permanently.

Reason: To ensure adequate cycle parking is provided within the development in pursuance of the objectives of sustainability and encouraging the use of modes of transport other than private motor vehicles in accordance with policy 6.9 of the London Plan (2016), policies 1.1(k) and (g) of Ealing’s adopted Development (or Core) Strategy (2012), Ealing’s Sustainable Transport for New Development SPG, and The London Cycle Design Standards.

28. Vehicle Parking

The parking arrangements shown on the approved plans shall be marked out on the site prior to first occupation of the development and shall include the provision of active (20 percent) and passive (for remaining 80%) vehicle charging points. These parking spaces shall be kept continuously available and shall not be used for any other purpose. No additional car parking shall be formed or made available.

Reason: To ensure that there is adequate and inclusive parking provision within the site, to encourage the use of ultra-low carbon vehicles, and to ensure that excessive parking is not provided, in accordance with policy 6.13 of the Ealing Development Management DPD (2013); policies 1.1 (f) (g) of the Ealing Development Strategy 2026 (2012); policies 6.3, 6.11 and 6.13 of the London Plan (2016); policy T6 of the draft London Plan; and section 9 of the National Planning Policy Framework (2019).

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29. Deliveries and Servicing Plan (including Refuse and Recycling Management)

Prior to first occupation of the development a detailed Delivery and Servicing Plan (DSP) shall be submitted to the LPA for approval in consultation with TfL. This DSP should seek to:

• Rationalise the number of delivery and servicing trips, particularly during peak traffic periods, with the aim of reducing the impact of residual freight activity; • Ensure there is provision of adequate loading facilities; • Ensure that the delivery space and time is actively controlled through a site booking plan; • It should also seek to ensure correct operational procedures are followed to reduce neighbourhood impacts and that operators demonstrate their sustainability through membership of the Freight Operators Recognition Scheme (FORS) or similar; • This DSP shall also include a Refuse and Recycling Management Plan for collection. This will detail the collection points for bins (within the site, but not on the highway), drag distances for bins, and when bins will be set out for collection and returned to the stores.

The development shall be carried out in accordance with the approved DSP. Reason: In the interests of highway safety and the amenities of neighbouring and prospective occupiers in accordance with policies 5.17, 6.3, 6.9, 6.12 and 7.15 of the London Plan (2016); policy 7A of the Ealing Development Management DPD (2013); and the National Planning Policy Framework (2018).

30. Passenger Lifts

The passenger lifts located within the communal cores serving the approved residential units shall be installed and operational prior to the first occupation of the relevant part of the development to which the lift serves.

Reason: To ensure that adequate access is provided to all floors of the development for all occupiers and visitors including those with disabilities, in accordance with policies 3.5, 3.8, and 7.2 of the London Plan (2016); policy 1.1(h) of the Ealing Development Strategy 2026 (2012); policy 7B of the Ealing Development Management DPD (2013); and interim Ealing SPG ‘Accessible Ealing’ (2012).

31. Accessible Units

Ninety percent of the approved residential dwellings shall be designed and constructed to meet Approved Document M (Volume 1: Dwellings), Part M4(2)(Accessible and adaptable dwellings) of Building Regulations 2015, or other such relevant technical requirements in use at the time of the construction of the development.

Reason: To ensure that the development is adaptable, flexible, convenient and appropriate to the changing needs of the future occupiers, in accordance with policies 3.5, 3.8 and 3.9 of the London Plan (2016); and policy 1.1(h) of the Ealing Development Strategy 2026 DPD (2012).

32. Wheelchair Units

Ten percent of the approved residential dwellings shall be designed and constructed to meet Approved Document M (Volume 1: Dwellings), Part M4(3) (Wheelchair user dwellings) of Building Regulations 2015, or other such relevant technical standards in use at the time of the construction of the development.

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Reason: To ensure the provision of wheelchair housing in a timely fashion that would address the current unmet housing need, produce a sustainable mix of accommodation ; and provide an appropriate choice and housing opportunity for wheelchair users and their families, in accordance with the objectives of policies : 3.5, 3.8 and 3.9 of the London Plan (2016) ; and policy 1.1(h) of the Ealing Development Strategy 2026 DPD (2012).

33. Refuse and recycling storage areas

The refuse and recycling storage provision and collection arrangements shall be provided prior to the first occupation of any dwelling to which the store(s) serves and retained thereafter.

Reason: To secure the necessary recycling and waste enclosures to support the development and to ensure that responsible waste management practices are adhered to in the interests of the visual amenity of the area and in accordance with policy 5.17 of the London Plan (2016); policy 1.1(e) of Ealing’s adopted Development (or Core) Strategy (2012); policies 7A, LV7.4 and 7B of Ealing’s adopted Development Management DPD (2013); and (interim) SPG 4: Refuse and Recyling Facilities.

34. Heathrow Airport - Bird Hazard Management Plan

Prior to commencement of any superstructure works a Bird Hazard Management Plan shall be submitted to and approved in writing by the Local Planning Authority in consultation with Heathrow Airport Limited. The submitted plan shall include details of:

• management of any flat/shallow pitched on buildings within the site which may be attractive to nesting, roosting and “loafing” birds. The management plan shall comply with the British Aviation Authority Advice Note 8 ‘Potential Bird Hazards from Building Design’.

The Bird Hazard Management Plan shall be implemented as approved on completion of the development and shall remain in force for the life of the building. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Local Planning Authority.

Reason: It is necessary to manage the site to minimise its attractiveness to birds which could endanger the safe movement of aircraft and the operation of Heathrow Airport.

35. London Underground - Detailed Design and Method Statements

The development hereby permitted shall not be commenced until detailed design and method statements (in consultation with London Underground) for each stage of the development for all of the demolition, foundations, basement and ground floor structures, or for any other structures below ground level, including piling (temporary and permanent), have been submitted to and approved in writing by the local planning authority which:

• provide details on all structures • provide details on the use of tall plant/scaffolding • accommodate the location of the existing London Underground structures • there should be no opening windows or balconies facing the London Underground elevation • demonstrate access to elevations of the building adjacent to the property boundary with London Underground can be undertaken without recourse to entering our land • demonstrate that there will at no time be any potential security risk to our railway, property or structures • accommodate ground movement arising from the construction thereof Page 18 of 65

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• mitigate the effects of noise and vibration arising from the adjoining operations within the structures

The development shall thereafter be carried out in all respects in accordance with the approved design and method statements, and all structures and works comprised within the development hereby permitted which are required by the approved design statements to procure the matters mentioned in paragraphs of this condition shall be completed, in their entirety, before any part of the building hereby permitted is occupied.

Reason: To ensure that the development does not impact on existing London Underground transport infrastructure, in accordance with London Plan 2015 Table 6.1, draft London Plan policy T3 and ‘Land for Industry and Transport’ Supplementary Planning Guidance 2012.

36. External Lighting and Security

External artificial lighting at the development shall not exceed lux levels of vertical illumination at neighbouring premises that are recommended by the Institution of Lighting Professionals in the ‘Guidance Notes for The Reduction of Light Pollution 2011’. Lighting should be minimised, and glare and sky glow should be prevented by correctly using, locating, aiming and shielding luminaires, in accordance with the Guidance Notes.

Reason: To safeguard the amenities of the occupiers of nearby residential properties and increase security for users of the site, in accordance with policy 7.3 of the London Plan 2016, policy 1.1 (j) of the Ealing Development (Core) Strategy 2026 and policies 7A and 7.3 of the Ealing Development Management Development Plan Document (2013).

36. Protection of Existing Trees/Hedgerows and Planting Locations – Demolition and Construction

No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees and hedgerows has been submitted and its installation on site has been approved in writing by the Local Planning Authority.

All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following:

• Full survey of all trees on site and those within influencing distance on adjacent sites in accordance with BS5837*, with tree works proposals. All trees must be plotted on a site plan**, clearly and accurately depicting trunk locations, root protection areas and canopy spreads. • A plan** detailing all trees and hedgerows planned for retention and removal. • A schedule of tree works for all the retained trees specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998. • Soil assessments/survey • Timing and phasing of works • Site specific demolition and hard surface removal specifications • Site specific construction specifications (e.g. in connection with foundations, bridging, water features, surfacing) • Access arrangements and car parking • Level changes Page 19 of 65

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• Landscaping proposals • A Tree protection plan** in accordance with BS5837* detailing all methods of protection, including but not restricted to: locations of construction exclusion zones, root protection areas, fit for purpose fencing and ground protection, service routes, works access space, material/machinery/waste storage and permanent & temporary hard surfaces. • Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones. • Details of the arboricultural supervision schedule.

All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.

*Using the most recent revision the of the Standard ** Plans must be of a minimum scale of 1:200 (unless otherwise agreed by the Local Planning Authority)

Reason: To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of London’s environment, air quality and adapting to and mitigating climate change in accordance with policies 5.10 and 7.21 of the London Plan, policy 5.10 of Ealing’s Development Management DPD and Ealing’s SPG 9 - Trees and Development Guidelines.

37. Tree Monitoring Plan

The development hereby approved shall be constructed in accordance with a suitable Tree Monitoring Program.

(a) Prior to the commencement of development (including ground works and site clearance), the following shall be submitted to and approved by the Local Planning Authority:

A tree monitoring program to include: • Confirmation of who shall be the lead arboriculturalist for the development. • Confirmation of the Site Manager, key personnel, their key responsibilities and contact details. • Details of induction procedures for all personnel in relation to Arboricultural matters. • A detailed timetable of events for arboricultural supervision concerning all tree protection measures within the approved Tree Protection Plan, including: o Prestart meeting with an Ealing Council Tree Officer o Initial implementation/installation of the tree protection measures o Approved incursions in to construction exclusion zones o Final removal of the tree protection measures • Procedures for dealing with non-approved incursions into the construction exclusion zones as detailed in the approved Arboricultural Method Statement.

(b) Within three months of first use of the development hereby approved, a report containing the following details shall be submitted to and approved by the Local Planning Authority: • Results of each site visit by the lead arboriculturist with photos attached. • Assessment of the retained and planted trees including any necessary remedial action as a result of damage incurred during construction.

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Reason: To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of London’s environment, air quality and adapting to and mitigating climate change in accordance with policies 5.10 and 7.21 of the London Plan, policy 5.10 of Ealing’s Development Management DPD and Ealing’s SPG 9 - Trees and Development Guidelines.

38. Tree Planting and Soil Rooting Volume Condition

A suitable scheme of proposed tree planting and pits shall be submitted to and approved by the Local Planning Authority prior to the first use of the development hereby approved.

No operations shall commence on site in connection with the development hereby approved until a suitable scheme of proposed tree planting and tree pits have been submitted to and approved by the Local Planning Authority. The scheme shall include the following comprehensive details of all trees to be planted:

• Full planting specification - tree size, species, the numbers of trees and any changes from the original application proposals. • Locations of all proposed species. • Comprehensive details of ground/tree pit preparation to include: o Plans detailing adequate soil volume provision to allow the tree to grow to maturity o Engineering solutions to demonstrate the tree will not interfere with structures (e.g. root barriers/deflectors) in the future o Staking/tying method(s). o Five-year post planting maintenance and inspection schedule.

All tree planting must be carried out in full accordance with the approved scheme in the nearest planting season (1st October to 28th February inclusive). The quality of all approved tree planting should be carried out to the levels detailed in British Standard 8545, Trees: from nursery to independence in the landscape - Recommendations.

Any trees which die, are removed, uprooted, significantly damaged, become diseased or malformed within five years from the completion of planting, must be replaced during the nearest planting season (1st October to 31st March inclusive) with a tree/s of the same size, species and quality as previously approved.

Reason: To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of London’s environment, air quality and adapting to and mitigating climate change in accordance with policies 5.10 and 7.21 of the London Plan, policy 5.10 of Ealing’s Development Management DPD and Ealing’s SPG 9 - Trees and Development Guidelines.

39. Existing Tree/Shrub/Hedge Retention

No trees, shrubs or hedges within the site which are shown to be retained on the approved plans (Plan/Drawing:) shall be felled, uprooted, wilfully damaged or destroyed, cut back in any way or removed without previous written consent of the Local Planning Authority.

Any shrubs or hedges removed without consent or dying or being severely damaged or becoming seriously diseased within 5 years from the completion of the development hereby permitted shall be replaced with shrubs or hedge plants or similar species capable of achieving a comparable size unless the Local Planning Authority gives written consent to any variation.

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Any trees removed without consent or dying or being severely damaged or becoming seriously diseased within 5 years from the completion of the development hereby permitted shall be replaced in accordance with trees, shrubs or hedge plants of similar size and species unless the Local Planning Authority gives written consent to any variation.

Reason: to secure the protection throughout the time that development is being carried out, of trees, shrubs and hedges growing within the site which are of amenity value to the area in accordance with policies 5.10 and 7.21 of the London Plan, policy 5.10 of Ealing’s Development Management DPD and Ealing’s SPG 9 - Trees and Development Guidelines.

40. Network Rail – Safety

Any works on this land will need to be undertaken following engagement with Asset Protection to determine the interface with Network Rail assets, buried or otherwise and by entering into a Basis Asset Protection Agreement, if required, with a minimum of 3months notice before works start.

41. Network Rail – Demolition

The demolition works on site must be carried out so that they do not endanger the safe operation of the railway, or the stability of the adjoining Network Rail structures and land. The demolition of the existing building, due to its close proximity to the Network Rail boundary, must be carried out in accordance with an agreed method statement. Approval of the method statement must be obtained from the Network Rail Asset Protection Engineer before the development and any demolition works on site can commence.

42. Network Rail – Drainage

Soakaways / attenuation ponds / septic tanks etc, as a means of storm/surface water disposal must not be constructed near/within 5 metres of Network Rail’s boundary or at any point which could adversely affect the stability of Network Rail’s property/infrastructure. Storm/surface water must not be discharged onto Network Rail’s property or into Network Rail’s culverts or drains. Network Rail’s drainage system(s) are not to be compromised by any work(s). Suitable drainage or other works must be provided and maintained by the Developer to prevent surface water flows or run-off onto Network Rail’s property / infrastructure.

Proper provision must be made to accept and continue drainage discharging from Network Rail’s property. (The Land Drainage Act) is to be complied with. Suitable foul drainage must be provided separate from Network Rail’s existing drainage. Once water enters a pipe it becomes a controlled source and as such no water should be discharged in the direction of the railway.

Full details of the drainage plans are to be submitted for acceptance to the Network Rail Asset Protection Engineer. No works are to commence on site on any drainage plans without the acceptance of the Network Rail Asset Protection Engineers: Network Rail has various drainage standards that can be provided Free of Charge should the applicant/developer engage with Network Rail’s Asset Protection Engineers.

43. Network Rail – Fencing

If not already in place, the Developer/applicant must provide at their expense a suitable trespass proof fence (of at least 1.8m in height) adjacent to Network Rail’s boundary and make provision for its future maintenance and renewal without encroachment upon Network Rail land. Network Rail’s existing fencing / wall must not be removed or damaged and at no point either during construction or after

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Planning Committee 18/09/2019 Schedule Item 02 works are completed on site should the foundations of the fencing or wall or any embankment therein be damaged, undermined or compromised in any way. Any vegetation on Network Rail land and within Network Rail’s boundary must also not be disturbed.

44. Network Rail – Access to Railway

All roads, paths or ways providing access to any part of the railway undertaker’s land shall be kept open at all times during and after the development.

45. Network Rail - Site Layout

It is recommended that all buildings be situated at least 2 metres from the boundary fence, to allow construction and any future maintenance work to be carried out without involving entry onto Network Rail's infrastructure. Where trees exist on Network Rail land the design of foundations close to the boundary must take into account the effects of root penetration in accordance with the Building Research Establishment’s guidelines.

46. Network Rail – Children’s Play Areas/Open Space/Amenities

Children’s play areas, open spaces and amenity areas must be protected by a secure fence along the boundary of one of the following kinds, concrete post and panel, iron railing, steel palisade or such other fence approved by the Local Planning Authority acting in consultation with the railway undertaker to a minimum height of 2 metres and the fence should be not able to be climbed.

47. Network Rail – Piling

Where vibro-compaction/displacement piling plant is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of Network Rail’s Asset Protection Engineer prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement.

48. Network Rail – Excavations/Earthworks

All excavations / earthworks carried out in the vicinity of Network Rail’s property / structures must be designed and executed such that no interference with the integrity of that property / structure can occur. If temporary compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker’s boundary fence should be submitted for approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Engineer should be undertaken.

49. Network Rail – Foundations

Network Rail offers no right of support to the development. Where foundation works penetrate Network Rail’s support zone or ground displacement techniques are used the works will require specific approval and careful monitoring by Network Rail. There should be no additional loading placed on the cutting and no deep continuous excavations parallel to the boundary without prior approval.

50. Network Rail – Ground disturbance

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The works involve disturbing the ground on or adjacent to Network Rail’s land it is likely/possible that the Network Rail and the utility companies have buried services in the area in which there is a need to excavate. Network Rail’s ground disturbance regulations applies. The developer should seek specific advice from Network Rail on any significant raising or lowering of the levels of the site.

51. Network Rail – Signalling

The proposal must not interfere with or obscure any signals that may be in the area.

52. Network Rail – Plant, Scaffolding and Cranes

Any scaffold which is to be constructed adjacent to the railway must be erected in such a manner that, at no time will any poles or cranes over-sail or fall onto the railway. All plant and scaffolding must be positioned, that in the event of failure, it will not fall on to Network Rail land.

53. Network Rail – Lighting

Any lighting associated with the development (including vehicle lights) must not interfere with the sighting of signalling apparatus and/or train drivers’ vision on approaching trains. The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. Following occupation of the development, if within three months Network Rail or a Train Operating Company has identified that lighting from the development is interfering with driver’s vision, signal sighting, alteration/mitigation will be required to remove the conflict at the applicant’s expense.

Informatives

1. The recommendation to grant planning permission has been taken having regard to the policies and proposals in the National Planning Policy Framework (2019); the London Plan (2016 as amended); the Ealing Development Strategy 2026 DPD (2012); the Ealing Development Management DPD (2013); and to all relevant material considerations including Supplementary Planning Guidance:

National Planning Policy Framework (2019)

2. Achieving sustainable developement 5. Deliviering a sufficient supply of homes 8. Promoting healthy and safe communities 9. Promoting sustainable transport 11. Making effective use of land 12. Achieivng well-designed places 14. Meeting the challenge of climate change, flooding and coastal change 16. Conserving and enhancing the historic environment

Consultation Draft London Plan November 2017

The Plan is currently given limited weight as a material consideration, as it is only at consultation draft stage and the policies below have not yet been examined. The Plan and its policies will acquire greater weight as it progresses through the adoption process.

GG1 – Building strong and inclusive communities GG2 – Making the best use of land GG3 – Creating a healthy city Page 24 of 65

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GG4 – Delivering the homes Londoners need GG5 – Growing a good economy GG6 – Increasing efficiency and resilience SD1 – Opportunity Areas SD6 – Town centres SD7 - Town centre network SD8 – Town centres: development principles and Development Plan Documents SD10 – Strategic and local regeneration D1 – London’s form and characteristics D2 – Delivering good design D3 – Inclusive design D4 – Housing Quality D5 – Accessible housing D6 – Optimising housing density D7 – Public realm D8 – Tall buildings D10 – Safety, security and resilience to emergency D11 – Fire safety D12 – Agent of change D13 – Noise H1 – Increasing Housing Supply H3 – Monitoring housing targets H5 – Delivering Affordable Housing H6 – Threshold Approach to Applications H7 – Affordable Housing Tenure H8 – Monitoring of affordable housing H12 – Housing Size Mix S1 – Developing London’s social infrastructure S2 – Health and social care facilities S3 – Education and childcare facilities S4 – Play and Informal Recreation E11 – Skills and opportunities for all HC1 – Heritage conservation and growth G5 – Urban greening G6 – Biodiverstiy and access to nature G7 – Trees and woodlands SI1 – Improving air quality SI2 – Minimising greenhouse gas emissions SI3 – Energy infrastructure SI4 – Managing heat risk SI5 – Water infrastructure SI7 – Reducing waste and supporting the circular economy SI13 – Sustainable drainage T1 – Strategic approach to transport T2 – Healthy Streets T3 – Transport capacity, connectivity and safeguarding T4 – Assessing and mitigating transport impacts T5 – Cycling T6 – Car parking T6.1 – Residential parking T6.3 – Retail parking T6.5 – Non-residential disabled persons parking Page 25 of 65

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T7 – Freight and servicing T9 – Funding transport infrastructure through planning DF1- Delivery of the Plan and Planning Obligations

London Plan (2016)

2.6 Outer London: Vision and strategy 2.8 Outer London: Transport 2.13 Opportunity areas and intensification areas 3.3 Increasing housing supply 3.4 Optimising housing potential 3.5 Quality and design of housing developments 3.6 Children and young people’s play and informal recreation facilitites 3.8 Housing choice 3.9 Mixed and balanced communities 3.10 Definition of affordable housing 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 5.1 Climate change mitigation 5.2 Minimising carbon dioxide emissions 5.3 Sustainable design and construction 5.6 Decentralised energy in development proposals 5.7 Renewable energy 5.9 Overheating and cooling 5.10 Urban greening 5.11 Green roofs and development site environs 5.12 Flood risk management 5.13 Sustainable drainage 5.14 Water quality and wastewater infrastructure 5.15 Water use and supplies 5.16 Waste self-sufficiency 5.18 Construction, excavation and demolition waste 6.1 Strategic approach 6.3 Assessing the effects of development on transport capacity 6.5 Funding Crossrail and other strategically important transport infrastructure 6.9 Cycling 6.10 Walking 6.11 Smoothing traffic flow and easing congestion 6.12 Road network capacity 6.13 Parking 7.1 Building London’s neighbourhoods and communities 7.2 An inclusive environment 7.3 Designing out crime 7.4 Local character 7.5 Public realm 7.6 Architecture 7.7 Design and location of tall buildings 7.8 Heritage assets and archaeology 7.9 Heritage led regeneration 7.13 Safety, security and resilience to emergency Page 26 of 65

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7.14 Improving air quality 7.15 Reducing and Managing Noise, Improving and Enhancing the Acoustic Environment and Promoting Appropriate Soundscapes 7.21 Trees and woodlands 8.2 Planning obligations 8.3 Community infrastructure levy

Supplementary Planning Guidance /Documents

Accessible London: achieving an inclusive environment The Mayor’s Transport Strategy London Housing Supplementary Planning Guidance 2016 Nationally Described Space Standards 2015 The Mayor’s Sustainable Design & Construction The London Housing Strategy The Mayor’s Supplementary Planning Guidance ‘Providing for Children and Young People’s Play and Informal Recreation’ March 2008 The Mayor’s Draft ‘Homes for Londoners’ Affordable Housing & Viability SPG (November 2016)

Ealing Development Strategy 2026 DPD (2012)

1.1 Spatial Vision for Ealing 1.2 Delivery of the Vision for Ealing 2026 2.1 Realising the Potential of the Uxbridge Road/Crossrail Corridor 2.5 Revitalise Ealing Metropolitan Town Centre 2.10 Residential Neighbourhoods 6.1 Physical Infrastructure 6.2 Social Infrastructure 6.3 Green Infrastructure 6.4 Planning Obligations and Legal Agreements

Ealing Development Management Development Plan Document 2013

Ealing Local Variation to London Plan Policy 3.4 Optimising Housing Potential Ealing Local Variation to London Plan Policy 3.5 Quality and Design of Housing Developments 3A Affordable Housing Ealing Local Variation to London Plan Policy 5.2 Minimising Carbon Dioxide Emissions Ealing Local Variation to London Plan Policy 5.10 Urban Greening Ealing Local Variation to London Plan Policy 6.13 Parking Policy 7A Amenity Ealing Local Variation to London Plan Policy 7.3 Designing Out Crime Ealing Local Variation to London Plan Policy 7.4 Local Character Ealing Local Variation to London Plan Policy 7.7 Location and Design of Tall and Large Buildings Policy 7B Design Amenity Policy 7C Heritage Policy 7D Open Space EA Presumption in Favour of Sustainable Development

Other Material Documentation – Interim Planning Policy Guidance / Documents

Interim SPG 3: Air Quality Interim SPG 4: Refuse and Recycling Page 27 of 65

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Interim SPG 10: Noise and Vibration Sustainable Transport for New Development SPD December 2013 Planning New Garden Space SPD

In reaching the recommendation to grant permission, specific consideration was given to the principle of the development, the quality of the proposed accomodation, the impact on the amenities of neighbouring properties, the impact on the setting of the listed heritage assets and on the character and visual amenity of the surrounding area as a whole, sustainability, and the potential impacts on the highway network. The proposal is considered acceptable on these grounds, and it is not considered that there are any other material considerations in this case that would warrant a refusal of the application.

2. The Mayoral Community Infrastructure Levy 2 (MCIL2) was adopted on 1st April 2019. This has introduced a charging system within Ealing of £60 per sqm of gross internal floor area to be paid to the GLA for applications decided on or after the above date. MCIL2 will be used to fund Crossrail 1 (the Elizabeth Line) and Crossrail 2 and supersedes the previous MCIL1 charging schedule. The proposed scheme would be liable to MCIL2 which would amount to approximately £956,700 subject to indexation. This would be payable upon implementation of a planning permission as per the CIL regulations

3. To assist applicants in a positive manner, the Local Planning Authority has produced policies and written guidance, and offers and encourages a comprehensive pre-application advice service, all of which is available on the Council's website and outlined in a 24 hours automated telephone system. The scheme complied with policy and guidance. The Local Planning Authority delivered the decision proactively in accordance with requirements of the National Planning Policy Framework.

4. Condition 7 requires the submission of detailed drainage designs. Consideration will need to be given to a minimum freeboard of 150mm and/or a flood emergency plan as the site is in a critical drainage area. To protect groundwater quality from further deterioration all risks to groundwater and surface waters from contamination need to be identified so that appropriate remedial action can be taken. Reports and Risk Assessments should be prepared in line with The Environment Agency’s approach to groundwater protection February 2018 Version 1.2 (previously GP3) and the Land Contamination: Risk Management guidance provided on .GOV that has been developed based on the principals defined in the CLR11 (Model Procedures for the Management of Land Contamination).

5. The developer may request information to support the discharge of Condition 25 by visiting the Thames Water website at www.thameswater.co.uk/preplanning

6. Condition 34 requires the submission of a Bird Hazard Management Plan for approval in consultation with Heathrow Airport Limited ([email protected]). The Bird Hazard Management Plan must ensure that flat/shallow pitched roofs be constructed to allow access to all areas by foot using permanent fixed access stairs, ladders or similar. The owner/occupier must not allow gulls to nest, roost or loaf on the building. Checks must be made weekly or sooner if bird activity dictates, during the breeding season.

Outside of the breeding season gull activity must be monitored and the roof checked regularly to ensure that gulls do not use the roof. Any gulls found nesting, roosting or loafing must be dispersed by the owner/occupier when detected or when requested by Heathrow Airside Operations staff. In some instances, it may be necessary to contact Heathrow Airside Operations

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staff before bird dispersal takes place. The owner/occupier must remove any nests or eggs found on the roof.

The breeding season for gulls typically runs from March to June. The owner/occupier must obtain the appropriate licenses where applicable from Natural England before the removal of nests and eggs.

7. Condition 35 requires the submission of detailed design and method statements for each stage of the development for approval in consultation with London Underground. The applicant is advised to contact London Underground Infrastructure Protection in advance of preparation of final design and associated method statements, in particular regarding: demolition; drainage; excavation; construction methods; tall plant and scaffolding.

8. Building Envelope - SPG10 requires that acoustic measurements are carried out and that precise calculations are made for the building envelope insulation. In calculating the minimum sound reductions, the following is required:

i. A precise sound insulation calculation under the method given at BS EN12354-3: 2000, for the various building envelopes, using the worst case one-hour data (octave band linear noise spectra from 63 Hz – 4k Hz) by night and day, to arrive at the minimum sound reductions necessary to meet the SPG10 internal data. ii. Approved laboratory sound insulation test certificates for the chosen windows, including frames and seals and also for ventilators, in accordance with BS EN ISO 140-3: 1995 & BS EN ISO 10140-2:2010, to verify the minimum sound reductions calculated. iii. Compliance with the internal and external criteria set at SPG10

9. Demolition and Construction

i. Permitted hours for building work - Construction and demolition works and associated activities at the development including deliveries, collections and staff arrivals audible beyond the site boundary should not occur outside the hours of 0800 - 1800hrs Mondays to Fridays and 0800 - 1300hrs on Saturdays nor at any other times, including Sundays and Public/Bank Holidays

ii. Notification to neighbours of demolition and building works - All occupiers surrounding the site should be notified in writing at least 21 days prior to the commencement of any site works, of the nature and duration of works to be undertaken and subsequently be regularly updated. The name and contact details of persons responsible for the site works should be signposted at the site entrance or hoarding in case of emergency and for enquiries or complaints. Any complaints should be properly addressed as quickly as possible.

iii. Dust -Best Practicable Means (BPM) should be used in controlling dust emissions, in accordance with the Supplementary Planning Guidance by the GLA (2014) for The Control of Dust and Emissions during Construction and Demolition

iv. Dark smoke and nuisance - No waste materials should be burnt on site of the development

v. Noise and Vibration from demolition, construction, piling, concrete crushing, drilling, excavating, etc. - Best Practicable Means (BPM) should be used during construction and demolition works, including low vibration methods and silenced equipment and machinery, control and monitoring measures of noise and vibration, delivery locations and all associated

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activities audible beyond the site boundary, in accordance with the Approved Codes of Practice of BS 5228-1 and -2:2009+A1:2014 Code of Practice for noise and vibration control on construction and open sites

10. The applicant is advised that the Building Regulations are legal requirements that apply to building work and are aimed at achieving minimum standards of construction to ensure the health and safety of people in or around buildings, including fire safety. Approval under the Building Regulations is a requirement and you are advised to seek the advice of the Council’s Building Control Service or an Approved Inspector prior to the commencement of works. For more information on Building Regulations please refer to the following: www.ealing.gov.uk/info/201156/building_control

11. Network Rail - To enter into a Basic Asset Protection Agreement (Condition 37) please contact [email protected]

12. Network Rail – Noise - The current level of railway usage may be subject to change at any time without prior notification including increased frequency of trains, night time train running and heavy freight trains. There is also the potential for maintenance works to be carried out on trains, which is undertaken at night and means leaving the trains’ motors running which can lead to increased levels of noise. Network Rail therefore strongly recommend that all future residents are informed of the noise and vibration emanating from the railway, and of potential future increases in railway noise and vibration.

13. Network Rail – Landscaping - It is recommended no trees are planted closer than 1.5 times their mature height to the boundary fence. The developer should adhere to Network Rail’s advice guide on acceptable tree/plant species. Any tree felling works where there is a risk of the trees or branches falling across the boundary fence will require railway supervision.

Site Description

The approximately 1.9-hectare site is located off Bideford Avenue within close proximity to its junction with Western Road (A40) and is abutted by the railway to the north and primarily low-density residential housing to the east and west. Beyond the railway is an industrial park and directly south of the site is the Grade II* Old Hoover Building (the ‘Hoover Building’) which is currently utilised as a Tesco supermarket. The wider area is typically suburban with Perivale being the nearest neighborhood centre.

The site consists of a petrol station and a surface and basement level car park associated with the Tesco supermarket with there being a considerable amount of parking between the supermarket and petrol station.

Both vehicle and pedestrian access to the site is via Bideford Avenue as is the aforementioned basement car park associated with the Tesco supermarket.

The site is not within a conservation area or Article 4 direction though is directly adjacent to the aforementioned Grade II* Hoover Building and its ancillary canteen block which falls within its listing.

It is within Flood Zone 1 giving the site a medium risk of surface water flooding and has a good Public Transport Accessibility Level of 3 (PTAL; with 0 being worst and 6 the best). Further, it benefits from the frequent bus services from Bideford Road and is within approximately 400 metres of Perivale Station.

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Western Avenue (A40) is part of the Transport for London Road Network that is maintained by Transport for London (TfL). Hangar Lane roundabout provides car access to the North Circular, situated approximately one kilometre to the east.

The Proposal

Planning permission is sought for the construction of a part 22-storey, part 10-storey residential building to accommodate 305 residential units comprising of 95 studios, 99 one-bedroom units, 94 two- bedrooms units and 17 three-bedroom units, following demolition of the existing petrol station.

The proposed development would include ancillary communal multi-use space comprising of residential work spaces, reception areas, a resident gym, lounges and guest bedrooms for rent. Vehicle and cycle parking would be accommodated at basement level with 45 vehicle parking spaces being provided and 465 cycle parking spaces.

External private amenity space for the development would primarily comprise of two landscaped roof terraces, both at the 10th storey, with respective areas of 297sqm and 100sqm as well as a landscaped space of 1,176sqm outside the southern elevation of the building.

A separate but associated planning permission is also being sought (ref: 192281FUL) to reconfigure the existing approved car parking arrangements at the Tesco Superstore, IDM Hoover Ltd. (residential units), the Royal Nawaab Restaurant and Busy Bees Nursery.

Relevant Planning History

In addition to the pending planning application referred to above (ref: 192281FUL), the following planning permissions and applications are considered relevant to this application:

Reference no. Proposal Description Decision Date Alterations to external appearance, erection of single-storey rear extension and use of industrial building for retail / business purposes, alterations to external 00957/28 appearance and use of second industrial Granted 27.03.1991 building for business, training and community purposes and parking, access and servicing provision.

Planning and listed building consent for 00957/46 and the erection of the petrol filling station, Granted 22.11.2013 00957/46 along with alterations to the car park.

Change of use from office (Use Class B1) to Restaurant (A3) at ground floor and PP/2013/1911 banqueting at first and second floor level Granted 22.11.2013 (Sui Generis)

The Old Hoover Building - Change of use from office (Land use Class B1) to Appeal PP/2015/3130 10.02.2016 residential use (Land Use Class C3) and Allowed external alterations to accommodate 66 Page 31 of 65

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residential units (18 studios, 23 one- bedroom, and 25 two-bedroom flats) with associated car parking and refuse storage (REVISED PROPOSAL DESCRIPTION to increase number of units and alter the types of units)

LISTED BUILDING CONSENT - The Old Hoover Building - Internal alterations including installation of intermediate floors at ground floor level and within the roofspace at second floor level, the removal of existing internal partitions and the provision of new internal partitions; external alterations including the provision of a replacement roof, the removal of roof plant, alterations to existing window openings at second floor level on the front elevation to provide doors to a new second floor level roof terrace, the provision of windows on the rear elevation, Appeal PP/2015/3132 external refurbishment of the building 10.02.2016 Allowed including concrete repairs, repainting and replacement of missing tiles, the removal of side steps to the west of the building; and the conversion of the building from office (Land use Class B1) to residential use (Land Use Class C3) and external alterations to accommodate 66 residential units (18 studios, 23 one-bedroom, and 25 two-bedroom flats) with associated car parking and refuse storage (Listed Building Consent) (REVISED PROPOSAL DESCRIPTION to increase number of units and alter the types of units)

Internal alterations including installation of intermediate floors at ground floor level and within the replacement roof, the removal of existing internal partitions and the provision of new internal partitions; external alterations including a replacement roof, the removal of roof Appeal PP/2015/0204 plant, alterations to existing window 10/02/2016 Allowed openings at second floor level on the front

elevation to provide doors to a new second floor level roof terrace, the provision of windows on the rear elevation, external refurbishment of the building including concrete repairs, repainting and replacement of missing tiles, the removal of side steps to the west of the building; Page 32 of 65

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and the conversion of the building from office (Land Use Class B1) to residential (Land Use Class C3) to accommodate 66 residential units (18 studios, 23 one- bedroom and 25 two-bedroom) with associated car parking and refuse storage (Listed Building Consent). (REVISED PROPOSAL DESCRIPTION to increase number of units and alter the types of units)

Change of use from office (Land use Class B1) to residential use (Land Use Class C3) and external alterations to accommodate 52 residential units (2 studios, 15 one- Appeal PP/2015/0205 10/02/2016 bedroom, 30 two-bedroom and 5 three- Allowed bedroom flats) with associated car parking and refuse.

Internal and external alterations, including installation of roof and rooflights, to accommodate 66 residential units (14 studios, 26 one-bedroom, and 25 two- bedroom flats, and 1 three-bedroom flat) with associated car parking and refuse storage. Revised submission following approval of Listed Building Consent ref: PP/2015/3132, granted on appeal Ref: APP/A5270/W/15/3136098 dated 10/02/2016, for 'Internal alterations including installation of intermediate floors at ground floor level and within the roofspace at second floor level, the removal of existing internal partitions and the provision of new internal partitions; Granted 172394LBC external alterations including the provision 21/06/2017

of a replacement roof, the removal of roof plant, alterations to existing window openings at second floor level on the front elevation to provide doors to a new second floor level roof terrace, the provision of windows on the rear elevation, external refurbishment of the building including concrete repairs, repainting and replacement of missing tiles, the removal of side steps to the west of the building; and the conversion of the building from office (Land use Class B1) to residential use (Land Use Class C3) and external alterations to accommodate 66 residential units (18 studios, 23 one-bedroom, and 25 Page 33 of 65

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two-bedroom flats) with associated car parking and refuse storage (Listed Building Consent)'. Variation seeks internal alterations and changes to unit sizes (14 studios, 26 one-bedroom, 25 two-bedroom, and 1 three-bedroom flat), alterations to the proposed rooflights, changes to the floor levels of external amenity space, and 3 no. replacement windows to the north elevation of the west podium (Listed Building Consent)

Consultation:

Public Consultation

Public

On 31.05.2019, notification of the application was published in the Gazette; and 35 notices were displayed on adjacent streets. As of 09.09.2019, 364 individual representations have been received from neighbouring occupiers mostly in objection to the proposed scheme.

A petition against the proposed development is mentioned in some responses though this has not been received by Ealing Council as of 09.09.2019.

The matters raised in objection to the proposal are summarised and addressed as follows:

• Perivale being currently affected by overpopulation which has been exacerbated by recent developments and flat conversions in the area. The proposed development would constitute a density that is not in keeping with relevant planning policy and result in increased pressure on health and education services, which are oversubscribed as existing, as well as public transport and retail.

Officer Response: An assessment of the proposed development against the recommended density ranges of the London Plan (2016) is provided below under ‘Density’. While it would exceed the recommended density levels, the ranges are not to be applied mechanistically and the development is considered to provide a very good level of accommodation overall. Section 106 financial contributions have been recommended to alleviate increased pressure on local services and infrastructure which are set out under ‘Heads of Terms’ above and discussed within the subsequent sections of this report.

• The Grade II* listed Hoover Building being iconic, an important landmark and example of Art Deco style architecture that would be dominated by the proposed building, primarily due to its excessive height, resulting in harm to its setting. It is also stated that the setting of the Hoover Building would be harmed by overshadowing and that the proposed development would be prominent within views of the Hoover Building from on and adjacent to the A40, • Harm to the heritage value of the application site through the demolition of petrol station and adjacent concrete structures.

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Officer Response: An assessment of the heritage impacts of the proposed development, primarily its impact on the setting of the Hoover Building, can be found below under ‘Heritage Impacts’. Although it would detract from two views of the Hoover Building from the A40, the overall heritage impact is considered to be ‘less than substantial’ and would be outweighed by the proposal’s public benefits. The existing petrol station does not fall under any heritage protections.

• The proposal being an overdevelopment with an excessive footprint that is out of keeping with the low rise, green, open space and suburban character of the area primarily due to its 22 storey height, • The excessive height of the development having a detrimental impact on the roofspace and skyline of the area with there being no existing precedent with Perivale to justify the height. Particular views said to be harmed by the development are those from: Cleveland Park, Pitzhanger Park, Horsenden Hill and Ealing Central Sports Ground. It is also queried whether the views of the proposed building shown on the submitted documents accurately portray how it would appear once constructed.

Officer Response: An assessment of the design and appearance aspects of the proposed development, including its height and scale, is provided below under ‘Design and Appearance and Impact on the Character of the Area’. It is acknowledged that the proposed building would be of a much greater height than surrounding development though it is not anticipated to be harmful to the character of the area given its high-quality design and considered architectural style.

• Insufficient car parking being provided within the development resulting in increased parking congestion in the area. Parking congestion is said to be an existing issue that has been accentuated by the nearby shisha bars and Royal Nawaab restaurant and that is evidenced by the illegal parking on Aintree Road and Bideford Avenue, • Increased traffic at the junction of the A40 and Bideford Avenue as a result of the development causing delayed travel times for residents as well as access issues in relation to Tesco and slower emergency response times, • The submitted journey to work survey not considering the destinations new residents are likely to travel to with the bus services mentioned not those that provide journeys to Ealing Broadway which are currently overcapacity at peak times, • The submitted transport assessment not taking into account that trips to the petrol station are often combined with those for shopping at Tesco therefore the projected decrease in trips is inaccurate.

Officer Response: Ealing Council’s Transport Services department have reviewed the proposed development and do not object to the proposed vehicle parking. A full assessment of the transport aspects of the proposal can be found below under ‘Transport Matters’.

• Residential amenity impacts including undue overlooking of neighbouring properties and nursery, the daylight/sunlight assessment not taking into account impacts on neighbours further east and west than those assessed and an increase in noise levels, • Concern over the potential impact on wind conditions in and around the site with there being deficiencies with the submitted assessment.

Officer Response: The submitted daylight/sunlight assessment demonstrates that the proposed development would not have undue impacts on the closest residential properties therefore those further away would not be affected. A full assessment of residential amenity impacts, including potential Page 35 of 65

Planning Committee 18/09/2019 Schedule Item 02 privacy/overlooking impacts in relation to the nursery and other neighbouring properties, can be found below under ‘Impact on Amenity of Neighbouring Occupiers’.

• The proposal providing poor living conditions primarily through overcrowding and lack of amenity space which would result in the social issues of 1960s tower block developments.

Officer Response: On balance, the internal and external living environment for future occupiers of the development is considered acceptable and of a high quality that largely meets adopted standards and policies as per the assessment below under ‘Quality of Proposed Living Accommodation’.

• Only a minimal allocation for social housing being offered and the affordable housing not being truly affordable or providing a sufficient amount of family sized units.

Officer Response: The proposed provision of affordable housing has been reviewed by Councils Housing department and is considered to be acceptable as per the assessment below under ‘Affordable Housing’.

• The environmental impact of the proposal including increased vehicle usage adding to London’s air quality issues, the negative impact on wildlife including the wildlife areas at Perivale and Wood and Horsenden Hill, increased pollution and a negative impact on the underground stream that passes under the rear of the car park.

Officer Response: There would be no adverse environmental impact as a result of the proposed development as per the below consultee responses.

• Issues related to the loss of the petrol station including that it makes a contribution to the character of the area which would be harmed by its demolition, loss of options for purchasing fuel in area and potential for land beneath to be contaminated.

Officer Response: The petrol station at the application site is not a listed building and is not subject to any heritage protections. It is also not subject to any designations that protect its current use. Conditions 5,6 and 7 were recommended by Pollution Technical to address any potential issues in respect of contaminated land.

• Construction effects including increased traffic congestion due to construction vehicles and parking of Tesco customers during works, workers using neighbouring streets for parking, noise and disruption as well as dust emissions and air quality issues.

Officer Response: Pollution Technical have reviewed the proposal and do not raise an objection subject to conditions/informatives being included with the grant of planning permission. The conditions include a requirement to submit a construction management plan for each phase of the development, to be approved by the Council, that would capture the potential construction effects mentioned above.

• The proposed tower being at risk of fire.

Officer Response: Please see assessment of fire risk below under ‘Fire Safety’.

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External Consultation

Consultee Comments Officer Response Greater London The Stage 1 response has not yet been received Even though the Stage 1 Authority (GLA) from the GLA response has not yet been received, should the planning However, it is noted from pre-application committee resolve to grant discussions that the principle of residential planning permission this development on this accessible land is strongly recommendation would be supported, subject to addressing other planning referred to the Mayor of matters. London for a direction as to approve or refuse.

Historic England HE’s summarised response is as follows “we are Please refer to the sections pleased to see that in response to our concerns ‘Heritage Matters’ and the proposed development has been reduced in ‘Design and Appearance and height…the proposed tall building would no longer Impact on the Character of appear above the roofline of the Hoover Building the Area’ for an assessment from the main entrance gate as illustrated in View of these matters raised 9 of the submitted Townscape, Heritage and Visual Impact Assessment…from the visual assessment that the proposed tall building would sit just below the roofline in this view and it is therefore important that no additional large items such as plant equipment are subsequently added at roof level which could intrude upon the Hoover Building roofline.

Despite this positive change to the scheme, as we have previously set out, the Hoover Building was designed to be an eye-catching landmark in fleeting views along the A40. Views 4 and 8 of the visual assessment demonstrate that the proposed tall building would appear as arguably the dominant feature along much of this stretch of roadway, undermining the landmark status of the Hoover Building, and therefore causing harm to its significance…

As we have previously noted, the proposed development does appear high quality and complementary in terms of its design (not taking into account its scale) and materiality to the Hoover Building complex. Therefore, any approvals should be carefully conditioned to ensure that the quality of the design and materials are carried through to build stage…

Finally, perhaps the most important issue for your Council to consider in determining Page 37 of 65

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this application relates to the principle of tall building development in this location. It is clear to us that the development would become a highly visible and somewhat incongruous feature within the wider townscape which is largely characterised by interwar suburban housing and small-scale industrial estates. Whilst some parts of the borough, particularly near major transport nodes, are undergoing densification with emerging tall building development, the Perivale area remains essentially low rise.

In summary, HE “is encouraged by the positive changes that have been made to these proposals since our pre-application involvement. However, we remain concerned about the proposed tall building development in this important historic place, the principle of which does not appear to be supported by your Council’s local planning policies”

Design-Out- No objection raised in principle Noted Crime/ Metropolitan The DOC officer has met with the architects and The introduction of Approved Police planning agent and recommended the following: Document Q of the Building Regulations means it is no • A condition be included that requires longer appropriate for LPAs ‘Secured by Design’ (SBD) accreditation to attach conditions relating to technical door and window The DOC officer has reviewed the reported crime standards. rate in the local area and advises that the area experiences “a high volume of anti-social The proposed scheme would behaviour, burglary, violent crime and motor enhance the quality of the vehicle crime”. Specifically, the officer’s research public realm with wide, highlighted that “crime is occurring directly in the landscaped pedestrian immediate vicinity of the proposed development, routes. An active ground floor including serious crimes such as violent crime, frontage serving the burglary and motor vehicle crime, and a high residents’ communal lounge proportion of anti-social behaviour”. and lobby would look out onto the pedestrian routes and car park, as would the windows serving the proposed flats. Overall these elements would encourage more people to use these public spaces and create more ‘eyes on the street’. This informal surveillance of the surrounding environment would ideally engender a sense of safety and security and deter crime and ASB. Page 38 of 65

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National Health A financial contribution of £451,425 is sought for This financial contribution has Service (NHS) practices within 1.5 miles of the site and/or the been agreed with the North Ealing Hub. applicant, and included in this recommendation Environment The EA have advised that they have “no This advice has been Agency objections or conditions to add to this planning provided to the applicant (via application”. However, they have provided advice. their planning agent) to consider as part of their “The previous use of the site as a petrol filling responsibilities to comply station means there could be a risk of pollution with environmental from land contamination at this site. The site is legislation. underlain at depth by the Chalk Principal aquifer, a regionally significant source of potable water, The Lead Local Flood therefore the redevelopment of the site needs to Authority (LLFA) officer has be managed such that it protects the underlying considered these EA groundwater”. comments when reviewing the drainage proposals. To protect groundwater quality from further deterioration: In this regard the officer advises that “no infiltration • No infiltration based sustainable drainage based sustainable drainage systems should be constructed on land systems have been affected by contamination as proposed, but any permeable contaminants can remobilise and cause surfaces should be groundwater pollution. constructed with lined • Piling or any other foundation designs materials (as proposed) on using penetrative methods should not land affected by cause preferential pathways for contamination as contaminants to migrate to groundwater contaminants can re-mobilise and cause pollution. and cause groundwater pollution. Also, the developer proposes measures to manage water quality of run- off into the sewer network”.

The LLFA has recommended an informative advising of the need to carry out a risk assessment of contamination to ground and surface waters so that appropriate remedial action can be taken if required. This informative has been included in this report.

Twentieth Strongly objects, as the building would “cause An assessment of the impact Century Society serious harm to the setting of two highly graded on the setting of these heritage assets, the Main Front Block and heritage assets is discussed Canteen to the Hoover Building” due to the in the body of this report. following summarised reasons: Page 39 of 65

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▪ The height and scale “would dominate one of the most important buildings built in 1930s in Ealing and indeed the country” and is alien and inappropriate to Perivale’s low rise 1930s suburban development ▪ “The list description describes the Hoover Building as being ‘possibly the most significant arterial road factory of its date and one of the most attractive’ [and] a very large part of its significance lies in the impact the design has on those passing it on the Western Avenue. The information provided by the applicant is carefully contrived to avoid important views from the A40, where the majority of passing traffic encounters the building…the proposals will cause severe detriment to this prized heritage asset against Ealing’s own policy”.

Ealing Civic Objects to this application… Please refer to the sections Society ‘Heritage Matters’ and “due to the proposed 22-storey building which ‘Design and Appearance and would overwhelm and impact negatively on the Impact on the Character of setting of the two listed buildings on the site. If the Area’ for an assessment minded to approve this application, the Council of these matters raised would need to be satisfied that the verified views provided by the applicant are accurate. They assert that this tower would not be visible from the pavement of the adjacent main road, a statement which we have considered carefully. Our own analysis suggests that the tower would be very visible from the pavement on the far side of the road, and therefore also, to a lesser extent, to drivers in both directions along the A40. From the far side pavement it appears that a full 7 storeys would be visible which we consider to be the minimum number of storeys that need to be removed from the proposed tower to make it more acceptable. In any case, this tall block would be highly visible from other viewpoints, in particular, from the surrounding low-level streets and several open spaces, which is unacceptable. It would also adversely affect the neighbourhood roofscape and skyline.

We have now seen the advice given to the Council by Historic England in their letter of 12 June about this application. We regret that this letter does not yet appear on the application Page 40 of 65

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website which we consider to be a significant omission and needs to be rectified as soon as possible. Members of the public commenting upon this application have a right to be aware of its contents and at present they are denied this right.

We note and endorse a number of key comments made by Historic England in their letter:

- there is no justification in Ealing's Local Plan for a tall building in this location and such a development could set an unwelcome precedent;

· despite the reduction in height the tower would still appear in many fleeting views of the Grade II* and Grade II listed buildings from the neighbouring A40;

· in the absence of a conservation officer it is important that the Council devotes sufficient resources to assessing the heritage implications of the application;

· it is clear that the heritage assets would be harmed by the proposals and the Council should weigh up this harm against any public benefits of the scheme as set out in paragraph 196 of the NPPF; this process should include the preparation of a viability assessment supporting the quantum of development proposed.

We are deeply concerned about the lack of heritage expertise within the Council. The absence of a conservation officer or any planning officer suitably qualified in this field means we do not believe the Council is able to balance fairly the harm to Ealing's heritage against the alleged public benefits of the development. We therefore strongly recommend that the Council follow the advice of Historic England and reject this application. If dissatisfied, the applicant could always appeal the decision so that an inspector with more expertise and greater understanding of the NPPF could assess and weigh up the harm versus any public benefits in a more objective way.

Heathrow No objection, subject to condition requiring the A condition requiring the Airport submission of a Bird Hazard Management Plan submission of a Bird Hazard for approval and implementation. Management Plan for approval and implementation Page 41 of 65

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“The proposed development has been examined has been included in this from an aerodrome safeguarding perspective and report (Condition 34). could conflict with safeguarding criteria unless any planning permission granted is subject to [a] condition” requiring the submission of a Bird Hazard Management Plan for approval and implementation. “We will need to object to these proposals unless the above-mentioned condition is applied to any planning permission”.

NATS No objection Noted

“The proposed development has been examined from a technical safeguarding aspect and does not conflict with our safeguarding criteria. Accordingly, NATS (En Route) Public Limited Company ("NERL") has no safeguarding objection to the proposal”

High Speed 2 No objection Noted (HS2) “Having reviewed the plans I can confirm that HS2 have no comments to make”.

Transport for No objection in principle subject to condition The recommended condition London – requiring the submission of detailed design and and associated informative Infrastructure method statements for each stage of the have been included in this Protection development to ensure that there would be no report. impact on London Underground transport (London infrastructure. Underground & DLR) “Though we have no objection in principle to the above planning application there are a number of potential constraints on the redevelopment of a site situated close to railway infrastructure. Therefore, it will need to be demonstrated to the satisfaction of LUL engineers that: • our right of support is not compromised • the development will not have any detrimental effect on our structures either in the short or long term • the design must be such that the loading imposed on our structures is not increased or removed • we offer no right of support to the development or land Therefore, we request that the grant of planning permission be subject to [the aforementioned condition]”

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Network Rail No objection in principle to the development Noted

Conditions have been recommended to ensure These conditions have been that no part of the development adversely impacts included in the the safety, operation and integrity of the recommendation operational railway

Brent Council No objection Noted

Thames Water No objection raised regarding the capacity of the Noted. surface water network infrastructure.

However, regarding waste water Thames Water The requested condition has have identified an inability of the existing foul been included in this report. water network infrastructure to accommodate the needs to the development. Therefore, Thames Water have requested that a condition be added to any grant of permission requiring wastewater network upgrades to be carried out prior to the occupation of the scheme.

Internal Consultation

Consultee Comments Officer Response Housing No objection Noted Development

Tree Services No objection to the principle of the development, The applicant has agreed subject to: to the financial contribution. The ▪ £45,955 financial contribution for the planting recommended conditions of trees within 500m of the development site have been included in this ▪ Conditions for tree protection report (Conditions 36, 37, 38 and 39)

Education No objection, subject to: The applicant has agreed Services to the financial £504,024 financial contribution towards local contribution education infrastructure to be provided to Stanhope Primary School, (within 2 miles of the site) and St Anns Secondary School, (a special school with a borough-wide role) to accommodate an anticipated child yield of 20.57 primary and 14.69 secondary age range pupils.

Transport No objection, subject to legal agreement securing: The applicant has agreed Services to this legal obligation and ▪ Prohibition of parking permits for the financial contributions.

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surrounding CPZs and any extensions; ▪ £3,000 for Travel Plan monitoring; ▪ £192,500 total financial contribution to implement highway improvements to enhance the pedestrian and cycling environment, and improve highway flow as a result from an increased number of people. Specifically these contributions would be provided for: o £100,000 financial contribution towards the planned east-west and north-south cycling routes along the A40 o £12,500 for the provision of covered cycle stands at Perivale Station o £20,000 for formalisation of footway parking o £40,000 for pedestrian environment enhancements o £20,000 for signal junction modelling and improvements

Contaminated No objection, subject to conditions requiring: These conditions have Land (Pollution been adopted in this Technical) ▪ Site investigation and risk assessment report for both applications based on the submitted Geotechnical and (Conditions 4, 5 and 6) Geoenvironmental Desk Study ▪ The submission of a detailed site remediation scheme for approval; and ▪ The submission of a verification report that demonstrates the effectiveness of the remediation scheme carried out.

Noise Impacts Does not consider that the noise and mitigation All the recommended (Pollution standards of the Council’s interim ‘SPG 10 Noise conditions and Technical) and Vibration’ have been fully observed with some informatives have been information and mitigation measures absent from adopted in this report the submitted report. (Conditions 3, 10, 11, 12 13,14, 15, 16 and 17) Therefore, conditions have been recommended requiring the submission of revised and fuller noise assessments and mitigation measures in line with the Council’s standards.

Air Quality No objection, subject to: The applicant has agreed (Pollution to the financial Technical) ▪ £30,500 financial contribution towards contribution. implementing the Council’s air quality action plan measures The suggested condition ▪ Condition requiring the submission of has been adopted in this details of a scheme to provide fresh air report. ventilation to the dwellings, multi-use spaces and the basement car park Page 44 of 65

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Environmental No response Noted. The proposed Services (Refuse) refuse and recycling arrangements are outlined and assessed within the section of this report titled ‘Transport Matters and Servicing’ and is considered acceptable. Energy & No objection to the energy strategy and The suggested conditions Sustainability sustainability measures, subject to: have been adopted in this Consultant recommendation ▪ Conditions with respect to compliance with (Conditions 18-23) these measures; ▪ £8,253 financial contribution for renewable The applicant has agreed energy monitoring and equipment; to the financial ▪ £195,390 financial contribution to off-set the contributions residual carbon emissions; The Lead Local No objection to the principle of the drainage The suggested conditions Flood Authority strategy, subject to conditions requiring the for the main application Officer submission of: has been included in this recommendation ▪ Final detailed drainage design including (Conditions 7 and 8). drawings and supporting calculations, and maintenance plan/schedule ▪ Evidence to demonstrate that the drainage scheme has been completed in accordance with the approved details

Economic No objection, subject to: This contribution and Development obligation have been Officer ▪ £36,000 financial contribution for agreed with the applicant employment and skills and has been adopted in ▪ A minimum of 14 apprenticeship this report placements recommendation.

Planning Policies:

Please see informative section above for a full policy list.

Reasoned Justification:

This proposal has been assessed against the relevant policies outlined in the policies section above.

The key issues in the assessment of this planning application are:

• The principle of proposed development; • Density; Page 45 of 65

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• Affordable housing; • Proposed housing mix; • Design and appearance, and impact on character of the area; • Heritage impacts; • Impact on amenity of neighbouring occupiers; • Quality of the proposed living accommodation; • Environmental health, including air quality, contaminated land and noise impacts; • Transport matters and servicing; • Energy and sustainability; and • Flood risk and surface water management

A detailed assessment of the proposal is set out as follows:

The Principle of the Development

Increasing the current housing stock is an important strategic objective for the Borough, with policies 1.1(a) and (b) and 2.1(a) of the Development Strategy 2026 DPD seeking the provision of 14,000 additional homes within the borough by 2026 – 3,000 of which to be located within the A40 Corridor and . This strategic objective is supported by London Plan policy 3.3 which recognises the pressing need for more homes in London to promote opportunity and provide a real choice for all Londoners in ways that meet their needs at a price they can afford. Draft London Plan policy H1 also seeks to increase the supply of housing in the capital and specifically identifies car parks and low-density retail parks as a source of capacity for housing delivery.

The development would provide 305 homes, which equates to 38% of Ealing’s annual monitoring target of 798 in the London Plan (and 11% of the annual monitoring target of 2,807 set out in the draft London Plan). Therefore, the principle of the proposed residential use on this accessible, previously developed site is considered acceptable and consistent with the above policies, subject to compliance with the aims and objectives of wider policy considerations.

Density

Policy 3.4 of the London Plan requires development proposals to take account of local context and character, good design principles and public transport capacity. The proposal is for 305 units with an average 2.1 habitable rooms (HR) per unit. For a ‘suburban’ location (as defined in LV policy 3.4 of the Ealing DM DPD), this would result in a density of 161 units, and 338 habitable rooms per hectare based on the red-lined site area of 1.9 hectares. This would exceed the closest recommended density range within the adopted London Plan of 50-95 units per hectare (u/ha) and between 150-250 habitable rooms per hectare (hr/ha).

However, it should be noted that the guidance provided in table 3.2 of the London Plan should not be applied mechanistically but should be considered as a guide rather than an absolute rule when determining the optimum housing potential of a site. Rather the merits of the proposal and its potential impacts on the local context and setting are considered throughout this report.

Policy D6 of the draft London Plan also no longer refers to prescribed densities but rather states that proposals “must make the most efficient use of land and be developed at the optimum density”. This policy further adds that “the optimum density of a development should result from a design-led approach to determine the capacity of the site”.

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At this juncture it can be noted that the proposal is considered to provide a very good standard of accommodation to serve the future occupiers of the site; would make a valuable contribution to the housing stock within the borough, particularly affordable housing; and would integrate acceptably within its site context, with acceptable impacts on surrounding properties. In balancing the overall merits of the proposal with the density exceedance identified above, it is considered that on-balance the proposed density is acceptable.

Affordable Housing

This Build-to-Rent scheme would provide on-site affordable housing of 74 units. This would equate to 35 percent by habitable room, and 24 percent by unit, which is reflective of the larger unit sizes in the affordable housing tenures. The tenure split of these units would be comprised of:

• 15 x London Living Rented units (24% tenure split) – which is the Mayor’s preferred intermediate rental product; • 17 x Ealing Discounted Market Rented units (27% tenure split) – which is a category proposed by the applicant and agreed with the Council’s housing department which provides a medium level discount between LLR and DMR and is therefore preferred to DMR; • 42 x Discount Market Rented units (49% tenure split).

The breakdown of each affordable housing product by units and habitable rooms is shown in the following Tables 1 and 2. The unit sizes by tenure mix is shown in Table 3.

Table 1 Proposed tenure mix by units

Table 2 Proposed tenure mix by habitable rooms

The proposed level of affordable housing provision would fall short of Ealing’s 50 percent target but would deliver 35 percent intermediate affordable units by habitable room. In respect to tenure split the Mayor’s Affordable Housing & Viability SPG states that ‘Build-to-Rent’ (BTR) schemes can provide an entirely intermediate rent affordable offer, where the rents proposed are at a genuinely affordable level.

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The preferred intermediate rent level for BTR is LLR, with the remainder being DMR. LLR housing would comprise 24% of the affordable housing offer, with DMR comprising 49% of the offer. The remainder would be comprised of Ealing Discount Market Rent (27%) which would be discounted to between 53% to 64% of the market rent.

EDMR is not a standard product but has been proposed by the developer and agreed by Council officers as another level of affordable housing that is a greater discount than DMR. The submitted Financial Viability Assessment has been reviewed by a third-party consultant and following discussions it has been concluded that the level of affordable housing proposed is the maximum that can likely be secured, subject to a late stage viability review. The affordable housing offer is therefore considered acceptable subject to securing the details of affordable rental levels in the s106 agreement.

The Mayor’s Affordable Housing & Viability SPG and Policy H13 of the draft London Plan provides specific guidance on Build to Rent (BTR) schemes. As a BTR scheme must meet the following criteria: be comprised of over 50 units; held in a covenant for at least 15 years; be subject to a clawback mechanism to apply in the event of the covenant being broken; under a unified management; and tenancies of three or more years must be made available. This BTR scheme is comprised of over 50 units, and the remaining obligations will be secured in the details of the s106 agreement.

Proposed Housing Mix

London Plan Policy 3.8 and draft London Plan Policy H12 encourage a range of dwelling sizes and types so that Londoners have a “genuine choice of homes that they can afford”.

It is proposed to provide 305 units, of which 31% would studios, 27% would be one bedroom and 17% would be two-bedroom units. The remaining are three-bedroomed units and significantly are all affordable housing units.

While these percentages contain a relatively high number of smaller units it is acknowledged that policy H12 recognises that the number of family sized affordable homes provided should be driven by local and strategic need and should recognise that some families live in units smaller than three bedrooms. It is also recognised that the delivery of affordable housing units above 2 bedrooms require significant discount to ensure that they remain affordable, particularly Build-to-Rent schemes. The most discounted affordable units (LLR and EDMR) are all two or three-bedroom units, with DMR also delivering mostly two-bedroom units with some one-bedroom units.

Therefore, in consultation with the Council’s housing department the proposed housing mix and delivery of the respective sized units for each tenure is considered acceptable.

The proposed housing mix by tenure is shown in Table 3 below.

Table 3 Proposed housing mix

Tenure Market London Living Ealing Discount Discount Market Housing Rent Market Rent Rent Studio 95 - - - One- 83 - - 16 bedroom Two- 53 7 8 26 bedroom Three- - 8 9 - Page 48 of 65

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bedroom Total Units 231 15 17 42

Design and Appearance and Impact on the Character of the Area

The proposed building is comprised of a taller 22-storey element and a lower ten-storey linear block. The arrangement of these forms has been designed to respect the historical significance of the Grade II* listed Hoover Building, its ancillary Grade II* listed Canteen Block and to respect the residential amenity of surrounding neighbours. To this end the proposed taller element has been sited to ensure that sunlight, daylight and overshadowing impacts on surrounding residences are acceptable and that overlooking is minimised to within acceptable limits. The impact on the historical significance of the listed heritage assets is considered in the following section.

The lower subordinate volume would define the main frontage of the scheme facing towards the Tesco Superstore. This massing would be the more linear element complemented by the interplay of vertical articulation in the protruding balconies and façade treatment. The taller element would vertically intersect the lower massing, legibly defining the entrance to the foyer of the building which would be complementarily set within attractive landscaping with enhanced pedestrian and cycle routes south and west of the building. The upper stories of the building would be architecturally treated in visually lighter materials to visually ‘lighten’ the weight of these taller elements. This design creates a visually appealing balance between the lower and taller elements.

The architecture of the proposed building draws its influence from the Art Deco language of the Hoover Building, resulting in a high-quality contemporary interpretation of that influence rather than a pastiche of the Art Deco style. The strong horizontal lines, curved corners, depth in the façade treatment, and use of coloured terracotta in a colour scheme which draws from the greens and blues of the Hoover Building would create a building of high-quality architecture. While these elements would respect the Hoover Building, from which many of its qualities have been drawn, the design of the proposed scheme would still have its own clear identity.

The proposed building would be taller than the surrounding development which is characterised by semi-detached interwar housing to the east and west, and warehousing to the north. In this respect the building would be a different housing type and scale to the prevailing low-rise character. However, this does not necessarily mean that this would be harmful to the character of the area.

The building would be set within a larger site, with set-backs from neighbouring boundaries and would not have a frontage onto a public road. Rather the true scale of the development would reveal itself when entering the larger site confines, where a building of high architectural quality set within attractive landscaping would appear.

Care has been taken to develop and refine the design and location of the taller element so that where it is visible in the surrounding area it is a visually interesting work of architecture that references its historic setting, and as the application contends acts in a ‘place-making’ or ‘wayfinding’ to the landmark Hoover Building. For these reasons the proposed development, while taller than surrounding development, is not considered to be harmfully out-of-character with its surrounds.

The following images show rendered images of the proposed building, and some verified views from within the surrounding residential area. Further views can be found in the submitted Design and Access Statement and Heritage and Townscape Visual Impact Assessment.

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Figure 1 Verified view of proposed scheme from Aintree Road.

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Figure 2 Verified view of proposed scheme from Tavistock Avenue

Figure 3 Verified view of proposed scheme from Rydal Avenue. For Tavistock and Rydal Avenue the scheme would act as a ‘way-finder’ and ‘place-maker’ for the Hoover Building, visually situating and connecting the surrounding streets to its wider historic setting.

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Heritage Impacts

The Planning (Listed Buildings and Conservation Areas) Act 1990 sets out the statutory duties for dealing with heritage assets in planning decisions. In relation to listed buildings, all planning decisions should ‘should 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’ and in relation to conservation areas, special attention must be paid to ‘the desirability of preserving or enhancing the character or appearance of that area’.

Government guidance on how to carry out those duties is found in the National Planning Policy Framework (NPPF). At the heart of the framework is a presumption in favour of ‘sustainable development’ of which protecting and enhancing the historic environment in a manner appropriate to its significance is established as an environmental objective.

Section 16 of the NPPF sets out how the historic environment should be conserved and enhanced and makes it clear at Para 193 that when considering the impact of a proposed development on a heritage asset (which includes its setting), local planning authorities should give ‘great weight’ to preserving the asset’s significance, irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance.

The NPPF states that any harm or loss should require clear and convincing justification (Para 194). It also requires decision makers to determine whether the harm is substantial, or less than substantial. If the harm is deemed to be less than substantial, Para 196 of the NPPF requires the harm to be weighed against the public benefits of the proposal.

The application site itself does not fall within a conservation area, nor does it contain any listed buildings. It does fall within the setting of the Grade II* Hoover Building and Canteen Block, and its separately listed ancillary structures.

Historic England describes The Hoover Building as:

“One of London’s best-known Art Deco buildings, and a prominent landmark along Western Avenue - one of the main routes out of the city. It was built between 1931-5 by the firm Wallis, Gilbert & Partners, who designed several architecturally significant factory buildings along London’s 1920s arterial roads. Built as the UK headquarters for the American vacuum cleaner company, the Hoover Building is generally considered to be their finest work in England.

Architecturally, the building is noted for its symmetrical, monumental frontage with flanking stair towers, incorporating large expanses of glazing and colourful Egyptian inspired detailing. It sits within a planned, landscaped environment reflecting the ‘factory in a garden’ movement of the period. This comprises of a large lawned front garden enclosed by railings, piers and entrance gate (all separately listed at Grade II), the latter of which is centrally aligned with the main factory entrance creating a striking symmetrical composition.

To the west is the separately Grade II* listed Canteen Block - the only surviving ancillary building to the main Hoover Building. Although complementary to the main building, the canteen is more Moderne than Art Deco, exhibiting the steel-reinforced concrete construction of the period. Its main façade similarly faces Western Avenue and is also a local landmark. This planned arrangement of high quality and stylish buildings set within a landscaped setting not only promoted the factory as a model environment for welfare provision for its staff, but it also formed an eye-catching composition for passing motorists and pedestrians, aptly advertising the factory’s modern aids to hygiene”.

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The Hoover Building does not depend on being the tallest building for significance, but on its monumental presentation to the A40 set within its front garden surrounds. In this manner its southern elevation is the most important part of the listed building. The northern side of the building faces the railway tracks and is considered secondary in importance, and as such was originally built in a utilitarian manner. Since then an extension to supermarket dominates the northern elevation and has been identified as having no historic interest. The special architectural interest of the listed building is therefore experienced from a position on the pavement on axis with the main frontage, and obliquely as one moves from east to west and vice versa.

The building and its height have been designed to not be visible when viewing the Hoover Building on its southern elevation from the front of the main gates, which are themselves a listed heritage asset. In the opinion of Historic England this is an important view which “reveals the overall architectural qualities of the site, and its carefully conceived and planned ‘factory in a garden’ composition”. Therefore, the proposed scheme would preserve this important view and the historic significance of the Hoover Building as seen in the verified view below.

Figure 4 Verified view of the proposed scheme showing that it would not be visible above the Hoover Building when viewed from in front of the main entrance gates – an important viewpoint. The proposed scheme is wire-lined in bright green.

When stood on the opposite side of the A40 the taller vertical element of the building would be visible, albeit it is contended that as this would be aligned with the centre of the Hoover Building and its main entrance it would not detract from its significance. The documents submitted with the application explain that the taller element would be aligned “on axis with the Hoover Building, creating a meaningful relationship with the listed building and [to] acknowledge its pre-eminence”. The design decision for the axial alignment is further explained to assisting to “create a unified composition for the overall site that nonetheless respects the primacy of the Hoover Building in that composition”.

It can also be noted that viewing the Hoover Building from the opposite side of the A40 would be disrupted by the intervening six-lane arterial road which itself detracts from the setting of the listed Page 54 of 65

Planning Committee 18/09/2019 Schedule Item 02 building. While west-travelling vehicles would obtain fleeting views of the Hoover from this side of the A40 it is unlikely that it would be the preferred viewpoint or best viewpoint to appreciate the listed building for still photos. Therefore, while there would be some harm from this view, it is considered less than substantial.

In considering this planning application Historic England considers that the proposed development appears “high quality and complementary in terms of its design (not taking into account its scale) and materiality to the Hoover Building complex”. This is noted.

However, given that the Hoover Building was designed as an eye-catching landmark in fleeting views along the A40, Historic England have raised concerns “with Views 4 [southern end of the footbridge across the A40] and 8 [between the Hoover Building and the Canteen Block] of the visual assessment [which] demonstrate that the proposed tall building would appear as arguably the dominant feature along much of this stretch of roadway, undermining the landmark status of the Hoover Building, and therefore causing harm to its significance”.

The view between the Hoover Building and the Canteen Building (View 8) would be fleetingly visible by occupants of passing vehicles and pedestrians. The images created below shows that moving a short distance either left or right from this standpoint would remove the proposed development from view. It is also noted that the proportions of the taller element of the scheme are like those of the corner tower of the Hoover Building, and the height would still sit below the Hoover Building in this view. From this viewpoint also, the influence that the high-quality design has taken from the Hoover Building is evident. Therefore, while there would be some harm from this view, this would be less than substantial.

Figure 5 Verified View 8 of the Heritage and Townscape Visual Impact Assessment

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Figure 6 Image showing that moving a short way left or right from standpoint 8 would remove the proposed development from view.

In respect to the view from the southern end of the footbridge over the A40 (Verified View 4) the visual presence of the Hoover Building is still strong and accentuated by its light colour. The distance between the proposed scheme is clear, and such that its position minimises any harm to the significance of the Hoover Building. The lower element of the proposed scheme in this view is of a comparable scale to the Hoover Building. It is also noted that the most significant elevation of the Hoover Building cannot be seen in this view, but rather the scheme distanced to the rear of the site may be seen as a ‘way-marker’ and ‘place-maker’ to identify the setting of the Hoover Building and orientate pedestrians and drivers. Therefore, while there is harm from this viewpoint it is considered less than substantial.

Figure 7 Verified View 4 [southern end of the footbridge over the A40)

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The visibility of the proposed development in the setting of the Hoover Building is not of itself harmful. The special architectural or historic interest of the Hoover Building is not reliant on does not rely on it being the tallest structure in the vicinity. When built, the rear part of the site towards the railway line was considered to be of secondary importance and was developed in a utilitarian fashion. The Hoover Building is a remarkably strong and robust building, which is more than capable of maintaining its presence and character with a taller structure in its setting.

The site of the proposed building does not play a central role in the special interest of the Hoover Building or the other listed structures, and there is no specific relationship between the site and the listed structures (other than historically they formed part of the same site). The special interest of the Hoover Building does not rely on its setting being at a specific scale. The Hoover building also does not rely on being the tallest building in this location. As has been assessed above, any harm that would result to an appreciation of the historic value of the Hoover Building’s monumental frontage and setting at the front of the building is considered less than substantial in accordance with Paragraph 194 of the NPPF.

The less than substantial harm would be balanced by a series of public benefits that would flow from the scheme. The proposal would enhance the physical quality of the site over its present situation. It would also deliver a substantial number of residential units, including affordable housing. It would do this through a high quality and sensitive design that would complement the setting of the listed Hoover Building at the rear. It may also be said to assist in urban placemaking and help to ensure the economic and future viability of the area. Therefore, in accordance with Paragraph 196 of the NPPF the public benefits of the proposal are considered to outweigh these less than substantial harms.

Historic England has also raised concerns with the principle of tall building development in the Perivale area as being contrary to local plan policy and draws attention to HE’s Tall Buildings Guidance which recommends that the location and design of tall buildings such as this are part of a plan-led system that reflects the local vision for the area. It is acknowledged that the proposal would be a departure from Policy 7.7 of the Development Management DPD in that this tall building would not be located on an identified Development Site. However, as discussed in the section above it is not considered that the proposed tall building would have a harmful impact on the local context. Rather, in accordance with Policy 7.7 the proposal has an outstanding quality of design and would make a positive contribution to the local context and broader area through making optimal use of this brownfield site (resulting in housing and economic benefits).

It is also noted that Historic England correspondingly raise concern that approving a tall building in this location would set a precedent, which may result in a cumulative impact on the Hoover Building’s complex and wider historic environment. This is acknowledged, and in this regard the applicant has worked through examples of potential masterplans for site, albeit this is purely a conceptual exercise. The key point however is that any determination on potential future developments considered any cumulative impacts with the aim to achieve a cohesive development on the larger site that is respectful and complimentary to the heritage values of the site.

Impact on Amenity of Neighbouring Occupiers

Policy 7B of the Ealing Development Management DPD (2013) provides that new development must achieve a high standard of amenity for users and for adjacent users by ensuring good levels of daylight, sunlight and privacy, coherent development of the site, positive visual impact, legibility and accessibility.

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Overlooking and Privacy

Properties potentially affected by overlooking/privacy issues are those on Bideford Avenue and Rydal Crescent which are the closest properties to the application site. The closest part of the proposed building would be sited approximately 18.5m from the rear boundary of the building at no. 34 – 38, the nursery and nearest building to the east, which is considered a sufficient distance to avoid undue overlooking in line with Building Research Establishment (BRE) guidelines. The opposite side of the proposed building would be sited a minimum of approximately 18m from garden spaces of nos. 51 and 53 Rydal Crescent excluding their outbuildings which is also considered a sufficient distance. All other residential properties are located further away than those mentioned and would not be adversely impacted.

Daylight and Sunlight

A daylight/sunlight report was submitted with the application containing the results of testing undertaken to ascertain the impact of the proposed development on residential properties within close proximity. Potential daylight impacts were assessed using the 25-degree line test and vertical sky component (VSC). No living rooms with main windows facing 90 degrees due south of the development were identified meaning there would no impact in respect of loss of sunlight. A sun on the ground analysis was carried out to determine overshadowing of residential garden spaces by the proposed development.

An assessment of daylight availability was undertaken firstly by testing whether the proposed development would subtend more than 25 degrees in the lowest windows within any of the surrounding residential dwellinghouses. Three properties had windows that did not pass the angular check therefore the VSC of windows within those properties that would face the proposed development were tested to quantify the impact. In line with BRE guidelines, all windows tested would have a VSC higher than 27% as a result of the development which indicates that they would not be detrimentally impacted by a loss of daylight.

BRE guidance states that obstruction of sunlight may become an issue if the new development is located 90 degrees due south of a main window wall of an existing building. Opposite the application site to the north, passed the railway, is a business park and there are no residential properties in this direction for a considerable distance. The closest residential properties to the proposed development are east and west with no property having a living room with main windows facing 90 degrees due south of the development. Moreover, in accordance with BRE guidance, the proposed development would not obstruct the sunlight enjoyed by existing residential properties.

The results of the sun on the ground analysis showed that, with one exception, all tested spaces would benefit from over 50% of their ground area having two hours of sun on 21 March as recommended by BRE. The space referred to as ‘Space 4’, would not meet this requirement though there would not be over a 20% reduction from its existing sun of the ground levels. Further, as per BRE guidance, the reduction on this property would not be a noticeable impact.

Noise, Pollution and Nuisance

Ealing Council (Pollution Technical) have reviewed the application in respect of noise impacts and are satisfied with the submitted information subject to further details being submitted for approval by way of a condition. Environmental Services do not object to the proposed arrangements for refuse and

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Planning Committee 18/09/2019 Schedule Item 02 recycling storage. Summaries of those departments’ comments can be found above under ‘Internal Consultation’.

A condition of planning permission being granted has been recommended that restricts external artificial lighting within the development exceeding recommended levels at neighbouring premises.

Quality of Proposed Living Accommodation

Internal Living Accommodation

The submitted development schedule contains the minimum and maximum internal floor areas for each unit type. This information is displayed below against the relevant internal floor area standards1 which the development would be fully compliant with:

Proposed Internal Relevant Minimum Unit Type Floor Area Range Internal Floor Area (sqm) Standard (sqm) 1 Bedroom Studio 37.2 – 46.5 37 1 Bedroom, 2 50 – 68.1 50 Person 2 Bedroom, 3 or 4 61 (3p) 70 – 81.9 Person 70 (4p) 3 Bedroom, 5 or 6 86 (5p) 87.3 – 102.5 Person 95 (6p)

While not evidenced by the above table, 73% of the proposed units would be at least 1sqm over the relevant internal floor area standard.

All bedrooms and living areas would be provided with adequate outlook and 49.8% of units would be dual aspect should units with triangular bay windows be included in this category. Of the single aspect units, 24 would be north facing which constitutes 8% of the overall units provided by the development.

Daylight/Sunlight

The submitted daylight/sunlight assessment includes results of testing for sunlight/daylight provision to the proposed development. All rooms were assessed for daylight provision with the tests carried out being that for no-sky line and average daylight factor (ADF). All rooms passed the no-sky line test which is an indicator of how well daylight would be distributed within a space. Eighty six percent of rooms would meet BRE guidelines for their respective uses with an ADF of 1% being the requirement for bedrooms and 2% for kitchen/living/dining spaces. Many of the rooms that do not meet the recommended ADF criteria are within 0.1 – 0.3 of the required percentage though there are examples of rooms, including studio spaces, that are below that range. The submitted assessment generally attributes the ADF shortfalls to balconies overhanging windows and the deep floor spaces of studio units.

1 London Plan (2016) and Technical housing standards – nationally described space standard (2015) Page 59 of 65

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As identified by the submitted assessment, the main spaces within a dwelling requiring sunlight are the living areas. The submitted assessment states that BRE guidance, in this case, applies mainly to the south facing living rooms with rooms facing north, east and west unlikely to meet BRE standards. Further, only south elevation living spaces were tested for annual probable sunlight hours (APSH) and winter probable sunlight hours (WPSH). One hundred and twenty-five south elevation windows were subject to the aforementioned tests with all meeting recommended WPSH criteria and 80% meeting APSH criteria. Windows falling below the recommended APSH criteria are explained by the submitted statement as being due to their location in the same place as balconies.

The 1,176sqm dedicated external amenity space directly adjacent to the proposed building was tested for sunlight on the ground with this space to receive at least two hours of sun on the 21 March and 21 June in line with BRE guidelines. While not tested, the amenity spaces to be provided by the roof terraces would be unobstructed and are anticipated to provided adequate sunlight provision.

Private and Communal Amenity Spaces

As calculated by Council’s Parks and Leisure department, the development would provide 3819sqm of external amenity space which comprises of the external spaces with access to fresh air. This would be supplemented by a number of communal areas within the building consisting of the lounges, gym and working areas which would equate to 516sqm of space. Should the lobby area be included as an amenity space, then the total internal amount of provision would be 732.4sqm.

In terms of private amenity spaces, 147 of the proposed units would be provided with balconies which equates to close to half of the development. Units that would not be provided with balconies are predominantly those at the northern elevation which would be provided with triangular bay windows providing internal amenity spaces. It is understood that internal amenity spaces would be provided at this elevation, rather than balconies, due to its exposure to the railway line and industrial sites beyond it.

Whether provided externally, internally or a combination of both, 51.5% of proposed units would be provided with private amenity spaces that are compliant with policy 7D of the local plan with 27% of the non-compliances falling within 1sqm of the required amount. It is also noted that many of the compliant private amenity spaces are well in excess of the policy 7D requirements and that only 5.6% of units would have no private amenity space.

The development would also provide a number of spaces that have not considered as amenity space though would contribute to the enjoyment and amenity of future occupiers. Such spaces include 42.6sqm of front and back of house areas, 116.9sqm of general storage areas, a 30sqm rentable guest room, a 32.9sqm cycle repair room and a 33.7sqm resident parcel and locker area.

While there would be a shortfall of 756.3sqm in the amount of external communal amenity space to be provided, this would be offset by the Section 106 financial contributions of £100,840 and £23,078 for the improvement of local parks and play areas respectively which were recommended by Parks and Leisure.

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Figure 8 – Architect’s illustration of residents using the gym and upper floor residents lounge which open out onto roof top terraces

Figure 9 – Architect’s image illustrating potential uses of the lounge space located off the lobby on the ground floor. It is anticipated that this flexible space would provide residents, visitors and members of the local community with an airy space that would encourage social encounters to strengthen a sense of community

Overall Quality

It is considered that, on balance, the proposed development would provide sufficient quality living conditions for future occupiers with a satisfactory level of compliance demonstrated in respect of daylight/sunlight provision, privacy, outlook and 73% units exceeding internal floor area standards. It is considered that the number of single aspect units and shortfalls in private and communal amenity space would be adequately compensated by the oversized units, generous provision of internal facilities and communal spaces and the financial contributions for local parks and play areas.

Environmental Health

London Plan Policies 5.21, 7.14 and 7.15 seek to manage potential impacts concerning contaminated land, air quality, and noise emissions (affecting both proposed occupants of the development and adjoining occupiers). These are supported by policies LV 5.21 and 7A of the Ealing DM DPD, interim SPG 10 ‘Noise and Vibration’ and the GLA Sustainable Design and Construction SPG.

The Council’s Pollution-Technical Officer (air quality) has reviewed the submitted air quality assessment report and has noted that while the air quality impacts at nearby receptors are predicted to be negligible, the report concludes that the proposed development would not be ‘air quality neutral’ in relation to transport emissions. Therefore, mitigation would be required to offset the excess pollutant emissions arising from the development. The Pollution-Technical Officer has therefore recommended conditions to ensure that all non-road mobile machinery (NRMM) used during the course of the Page 61 of 65

Planning Committee 18/09/2019 Schedule Item 02 development complies with suitable emissions requirements and that a suitable ventilation strategy is secured. A financial contribution to implement measures contained in the borough’s Air Quality Action Plan has also been recommended. These conditions and contributions have been adopted in this committee report.

The Council’s Contaminated Land consultant has reviewed the submitted geotechnical and geo- environmental report and agrees with the recommendation that a site investigation and risk assessment be carried out. Therefore, conditions have been recommended requiring intrusive land investigations, the submission of a remediation scheme, and verification that the approved remediation scheme has been carried out. These conditions have been adopted in this committee report.

As noted in the consultation responses above the Council’s Pollution-Technical Officer (Noise) has reviewed the proposal and submitted report and does not believe that the noise report sufficiently identifies the level of impact and necessary mitigation measures. Therefore, conditions have been included for the submission of further assessments and appropriate mitigation measures to ensure that a suitable acoustic environment is provided for prospective residents of the scheme.

Therefore, the proposal is considered acceptable in these regards subject to the satisfactory discharge of and compliance with the recommended conditions.

Transport Matters

London Plan policies 6.1, 6.3, 6.9, 6.10, 6.11 and 6.13, NPPF Chapter 4 (Promoting Sustainable Transport), Ealing Development Strategy policy 1.1(f) and (g) are relevant with regards to transport matters.

Parking Provision

The location is in an area with good Public Transport accessibility with a PTAL of 3, and it is noted that the London Plan states that “all developments in areas of good public transport accessibility should aim for significantly less than 1 space per unit”. 45 car parking spaces would be provided for residents, which includes two car club spaces and complies with these maximum London Plan requirements. Electric car charging points (active and passive) have been conditioned to comply with draft London Plan standards.

The Council’s Transport Services have assessed the proposal and do not raise any concern with the level of parking provision for this location. To ensure that there would be no increase in parking pressure in the area as a result of the car free development, it has been recommended that the applicant enter into a section 106 agreement to prevent the future occupiers of the development from obtaining parking permits in the adjacent CPZs and any future extensions to these; and contribute £3,000 to monitor an approved Travel Plan.

Cycling

It should also be noted that while the quantum of cycle parking would not meet the standards of the draft London Plan, it would be provided in accordance with adopted London Plan Standards. However further details are required by way of condition to ensure the cycle parking is easily accessible, as well as serving different users’ needs. Financial contributions would also be secured to improve cycling infrastructure around the development.

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Refuse and Recycling

Standard 3.5.1 of the London Supplementary Planning Guidance November 2012 provides that ‘refuse stores should be accessible to all residents…and should satisfy local requirements for waste collection’. London Plan policy 5.17 ‘Waste Capacity’ requires the provision of suitable waste and recycling storage facilities in all new developments.

Refuse and recycling storage provision would be integrated within the building structure on the ground floor with convenient internal access for residents. The capacity of provision is compliant with the relevant British Standard and Ealing’s waste management guidelines for architects and developers.

A condition for a Delivery and Serving Plan including refuse and recycling management has been included to secure details of the proposed collection points, drag distances, and when bins will be set- out for collection and returned to the stores. Subject to compliance with this condition, the refuse and recycling arrangements are considered acceptable.

Energy and Sustainability

The provision of sustainable development is a key principle within the National Planning Policy Framework (2012), which requires the planning process to support the transition to a low carbon future. London Plan policies 5.2 and 5.3 require the submission of an energy demand assessment, along with the adoption of sustainable design and construction measures and demonstration of how heating and cooling systems have been selected in accordance with the Mayor’s energy hierarchy.

Notably policy 5.2 requires the development to cut CO2 emissions by at least 35% beyond Building Regulations Part L (2013). For the domestic element, a minimum 35% reduction in regulated CO2 emissions above Building Regulations 2013 is expected to be achieved on-site. In addition, London Plan policy 5.7 (section 5.42) states that there is a presumption that all major development proposals will seek to reduce carbon dioxide emissions by at least 20% using on-site renewable energy generation wherever feasible. Section 11.2 of the GLA (2018) Energy Assessment Guidance expects all major development proposals to maximise on-site renewable energy generation regardless of whether a 35% target has already been met.

The Energy Strategy states that overall site-wide CO2 emissions will be cut by at least 57.65% over Part L (2013). This makes the development compliant with the London Plan and Ealing Council’s policy requirements. This leaves a shortfall of 3,257 tonnes (over 30 years) which at £60/tonne will be met through an “offset” S106 payment of £195,390 to the Council to implement renewable energy measures elsewhere in the borough.

The Council’s Energy and Sustainability consultant has reviewed the submitted information and does not raise any objections subject to a legal agreement to secure financial contributions for renewable energy monitoring, and to offset the residual carbon emissions remaining in regulated CO2 emissions. Other requirements include conditions concerning the investigation of and connection to a District Heating Network, compliance with the approved sustainability and renewable energy measures, and renewable energy monitoring.

Therefore, subject to compliance with the recommended conditions and the satisfactory completion of the legal agreement it is considered that the proposal would result in a sustainable development with appropriate energy and CO2 savings.

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Flood Risk and Surface Water Management

London Plan Policy 5.12 relates to flood risk management and seeks to minimise risks associated with flooding; Policy 5.13 seeks the implementation of sustainable urban drainage systems (SUDS) in all development where feasible.

The submitted drainage strategy has been reviewed by the Lead Local Flood Authority Officer who does not raise any objections to the principle of the strategy, subject to conditions requiring the submission of the detailed design, and a maintenance plan. These conditions have been adopted in this recommendation.

Fire Safety

Large schemes may require a number of different consents before they can be built. For example, Building Control approval needs to be obtained to certify that developments and alterations meet building regulations. Highways consent will be required for alterations to roads and footpaths ; and various licenses may be required for public houses, restaurants and elements of the scheme that constitute 'house in multi-occupation'.

The planning system allows assessment of a number of interrelated aspects of development when planning applications are submitted to the Council. The proposed materials to be used may be approved under a planning permission based on the details submitted as part of the planning application, or they may be subject to a condition that requires such details to be submitted and approved prior to the commencement of the development. Whichever the case, planning officers' appraisal of materials is focused on the visual impact of such materials in relation to the design of the overall scheme itself, the character of the local area or indeed on the amenities of local residents.

The technical aspects of the materials to be used in any development, in relation to fire safety, are considered under the Building Act (1984) and specifically the Building Regulations (2010). These require minimum standards for any development, although the standards will vary between residential and commercial uses, and in relation to new build and change of use/conversions. The regulations cover a range of areas including structure and fire safety.

Any person or organisation carrying out development can appoint either the Council’s Building Control Service or a Private Approved Inspector to act as the Building Control Body (BCB), to ensure that the requirements of the Building Regulations are met. The BCB would carry an examination of drawings for the proposed works, and carry out site inspection during the course of the work to ensure that the works are carried out correctly. On completion of work the BCB will issue a Completion Certificate to confirm that the works comply with the requirements of the Building Regulations. In relation to fire safety in high rise residential developments, some of the key measures include protected escape stairways, smoke detection within flats, emergency lighting to common areas, cavity barriers/fire stopping and the use of sprinklers and wet/dry risers where appropriate.

The Mayor's Community Infrastructure Levy (CIL)

The Mayoral Community Infrastructure Levy 2 (MCIL2) was adopted on 1st April 2019. This has introduced a charging system within Ealing of £60 per sqm of gross internal floor area to be paid to the GLA for applications decided on or after the above date. MCIL2 will be used to fund Crossrail 1 (the Elizabeth Line) and Crossrail 2 and supersedes the previous MCIL1 charging schedule. The proposed scheme would be liable to MCIL2 which would amount to approximately £956,700 subject to indexation. This would be payable upon implementation of a planning permission as per the CIL regulations Page 64 of 65

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Conclusion

For all the reasons outlined in this report it is recommended that planning permission be granted, subject to Section106 obligations, planning conditions and Stage II referral to the Mayor of London.

Human Rights Act:

In making your decision, you should be aware of and take into account any implications that may arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as the London Borough of Ealing to act in a manner, which is incompatible with the European Convention on Human Rights.

You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation for approval of the grant of permission in this case interferes with local residents’ right to respect for their private and family life, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case, the rights of the applicant). The Council is also permitted to control the use of property in accordance with the general interest and the recommendation for approval is considered to be a proportionate response to the submitted application based on the considerations set out in this report.

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