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Location Canterbury Court, Chichester House And Chester House, 1-3 Road , SW9 6DE.

Ward Vassall

Proposal Application Redevelopment works to Park Business Centre comprising of the following: Change of use to the ground floor of Canterbury Court to provide 2,085sqm (GIA) either Retail, Financial Services and Restaurant floorspace (either use classes A1/A2/A3,), 2,015 sqm (GIA) leisure floorspace (use class D2) and 365sqm (GIA) commercial (use class B1) floorspace with associated external alterations to include the installation of shop fronts to the New Road frontage and associated elevational changes, change of use to the first floor of Canterbury Court to provide 2,382sqm (GIA) commercial (use class B1) floorspace and alterations to the main entrance to Canterbury Court from the existing courtyard.

Change of use to the ground floor of Chester House to provide 115sqm (GIA) of either Retail, Financial Services and Restaurant floorspace (either use classes A1/A2/A3) and the erection of a new single storey extension to Chester House to provide 47sqm (GIA) Retail, Financial Services and Restaurant floorspace (either use classes A1/A2/A3) and third floor roof extension to Chichester House to provide 866sqm (GIA) commercial (use class B1) floorspace and associated alterations. Demolition of existing entrance block to Chichester House and Chester House and the erection of a new 4 storey entrance extension, provision of an external metal staircase, alterations and enlargement of existing fenestration.

Provision of a new landscaped public realm accessed from Brixton Road, new boundary treatment and reduction of 56 car parking spaces and provision of cycle parking.

Applicant Workspace Group PLC

Agent GVA Grimley Ltd 10 Stratton Street, London, W1J 8JR

Application 10/04188/FUL Reference Recommendation(s) Grant Planning Permission subject to conditions and a s106 agreement

Constraints Cross River Transit Archaeological Priority Areas

1. SUMMARY OF MAIN ISSUES

1.1 The principle of redevelopment of the site to provide retail, financial service, restaurant (A Class Use) and leisure (D Class Use) floorspace and the introduction of further office accommodation (B Class Use) to this Key Industrial and Business Area (KIBA)

1.2 The visual impact of the roof extension at Chichester House, the installation of shopfronts to Camberwell New Road and new landscaped public realm accessed from Brixton Road in response to the character and appearance of the host building, surrounding townscape and the adjacent Conservation Area and any Archaeological Heritage of the site.

1.4 The impact of the proposal upon surrounding residential amenity in terms of visual intrusion, overbearing impact, sense of enclosure, loss of light, privacy and noise and disturbance;

1.5 Transport, parking and access issues;

1.6 Community Safety;

1.7 The measures taken to mitigate the effects of the proposal through contributions secured by s.106 planning obligations;

1.8 The effect off the proposal on water recourses and its ability to resist flooding, and any ecology impact, and;

1.9 The ability of the proposal to reduce its energy demands through the use of renewable energy technologies and increased energy efficiency.

2. SITE DESCRIPTION

2.1 The application site relates to the Business Centre, specifically Canterbury Court, Chichester House and Chester House. The site is bounded by Brixton Road to the west, Camberwell New Road to the north, Foxley Road to the east and Cranmer Road to the south. Vehicular and pedestrian access to buildings within the estate is provided from all of these surrounding roads.

2.2 Canterbury Court is located on the southern side of Camberwell New Road and observes its principle access from Brixton Road. Canterbury Court is a large three storey Edwardian building with a modern roof extension currently in use as offices and light industry (B Use Class). The building is separated into a number of smaller units. Further to the west is Lincoln House which is located directly on the corner of Camberwell New Road and Brixton Road. Chichester House and Chester House are located to the south west and form part of the frontage of Brixton Road.

2.3 The site is subject to the following Local Development Framework (LDF), Core Strategy (CS) Policy designations:

• Key Industrial and Business Area (KIBA) • Local Development Framework Core Strategy S3 (Economic Development) and PN7- Oval. • Frontage to Brixton Road is in Archaeological Priority Zone.

• Brixton Road and Camberwell New Road form part of the Transport for London Road Network (TLRN).

Surrounding area

2.4 A mixture of building forms and land uses surround the site, typifying the variety of its urban location.

2.5 To the west of the site lies Brixton Road characterised by a parade of terraced shops with flats above. Beyond to the north is the listed St Marks Church and its churchyard which provides a pedestrian route through to underground station. A large traffic junction is located to the north west of the site and to the east is Kennington Park. Adjacent to the park across Camberwell New Road is No.35 Camberwell New Road and a parade of shops with flats above.

The site adjoins/is in proximity to:

• A ‘Local Centre’ as defined under the LDF proposals map is located opposite on Brixton Road. • The Brixton Road elevation is opposite Conservation Area No.11 (St Mark’s conservation area). • St Marks Church of England Church is Grade II* listed. • The rear part of the site on Camberwell New Road and Foxley Road adjoins Conservation Area No.7 (Vassell Road) and is opposite a terrace of Grade II listed buildings. • Kennington Park is designated as a Historic Park and Garden and a ‘Site of Local Nature Importance’ under the LDF Proposals Map.

. 3 PLANNING HISTORY

3.1 The application site is subject to the following planning history:

10/02689/FUL : Planning permission granted under delegated powers in October 2010 for the following development: Demolition of existing entrance block and the erection of a new 4 storey entrance extension, provision of an external metal staircase, alterations and enlargement of existing fenestration along with alterations to existing car parking spaces involving the loss of 13 spaces, provision of hard landscaping and associated alterations.

09/01728/FUL : Planning permission granted under delegated powers in September 2009 for the following development: Change of use of unit 2.08 at second floor level to provide an office (Use Class B1).

09/01704/FUL: Planning permission granted under delegated powers in September 2009 for following development: Retrospective change of use of unit FF01 of Salisbury House at first floor level to provide a Non-Residential institution (Use Class D1).

06/00275/FUL: Planning permission granted at the Planning Applications Committee Meeting in August 2006 for the following development: External and internal alterations to the existing building, including the erection of an additional storey to provide additional office (B1 use) floorspace, installation

of a new steel escape stair and lift to southern elevation and canopy at first floor level on western elevation in association with new entrance/reception atrium and cafe, formation of a central lightwell, car park reconfiguration including provision of disabled parking, new refuse and recycling facilities.

06/00640/ADV : May 2006 - Advert consent granted for Display of 2 internally illuminated fascia signs to the west elevation with associated works.

04/01075/FUL : June 2004 - Permission granted for the: Modification of existing window on west elevation to allow the installation of ventilation louvres to top part of window

April 2004 - Permission was refused for a number of applications which all proposed the Use of the site for B1 (Light Industrial), B2 (General Industrial) or B8 (Storage & Distribution) purposes at units at 11a (03/03476/FUL), 12a (03/03475/FUL) and units 3-4 (03/03474/FUL) and unit 5 (03/03471/FUL). The reason for refusal related to the change of use posing a threat to highways safety where large vehicles associated with the B8 use (storage and distribution) would be accessing and servicing the site.

03/03470/FUL : May 2004 – Permission granted for the same change of use B1 (Light Industrial), B2 (General Industrial) or B8 (Storage & Distribution) purposes (existing use B1) at units 2a, 3a, 4a, and 5a.

03/03288/FUL : January 2004 - Planning permission granted for Change of use from office (class B1) and motor vehicle storage to police transport operational command unit.

01/01764/FUL : January 2002 - Permission granted for the Installation of condensers on the roof for air conditioning.

4. SCHEME DETAILS

4.1 In summary, the scheme proposes the redevelopment of the site to include the re- arrangement of uses within the existing business centre, comprising the change of use of part of the first floor of Canterbury Court from sui generis to use class B1 (light industrial a-c offices, research and light industry), refurbishment and extension of Chichester and Chester House to create new use class B1 floorspace and change of use of the ground floor of Canterbury Court from use class B1 and B8 (distribution and storage) to use classes A1-A3 (shops, financial services and restaurants) and D2 (gymnasium).

4.2 Overall, the proposals would result in an additional 2,247 square metres of retail (use classes A1-A3) floorspace, 2,015 square metres of gymnasium use (use class D2) floorspace and 3,613 square metres of business (use class B1) floorspace. The development would result in the loss of 3,307 square metres of storage and distribution (use class B8) and 3,358 square metres of car park use (use class sui generis). The details of the proposals are described below:

Chichester House & Chester House

4.3 A new third floor roof extension would be erected at Chichester House serving approximately 866sqm of office floorspace (use class B1). A new single storey extension to Chester House serving approx. 47sqm of A1-A3 use class (shops, financial services or restaurant) floorspace is also proposed. This would be in conjunction with a further 115sqm of new A1-A3 use class floorspace resulting from the change of use of the ground floor of Chester House.

4.4 A new four storey entrance extension is proposed to Chichester and Chester House as well as fenestration alterations. Planning permission was recently granted for this extension (ref: 10/02689/FUL) and this consent is therefore extant.

Canterbury Court

4.5 An active frontage would be introduced to Canterbury Court fronting Camberwell New Road (north elevation)which would serve approx. 2,247 sqm of retail, financial and restaurant floorspace (use class A1-A3). The existing ground floor windows would be replaced with full height glazed shopfronts and the existing wall delineating the boundary of Camberwell New Road would be removed.

4.6 Servicing and refuse/recycling storage would be provided from Camberwell New Road between Canterbury Court and Gloucester House

4.7 In response to the eastern elevation an external stair would be removed along with the erection of extraction flues. Fenestration alterations in the form of enlarged window openings and new doors are proposed to the southern elevation. The existing plant enclosure would be enlarged at roof top level.

4.8 At first floor it is proposed to the change the use to provide 2,382sqm of B1 use class floorspace.

4.9 The new gymnasium (use class D2) would be located on the ground floor of Canterbury Court with its principle access from Brixton Road.

4.10 The existing deck access would be removed from the western elevation that fronts Brixton Road and a two storey projecting bay would provide the principle access to Canterbury Court.

4.11 A new landscaped square is proposed that would be accessed from Brixton Road and would provide a pedestrian link to Camberwell New Road. The existing vehicular access from this part of the site that serves the car park would be removed. The scheme also proposes new boundary treatment fronting Brixton Road.

4.11 The scheme would result in the reduction of 56 existing car parking spaces and the provision of 48 cycle spaces.

5. CONSULTATION

5.1 Consultation on the application was carried out from 27 th January 2011.

5.2 Letters of notification were to 282 neighbouring properties in the vicinity to include the following roads surrounding the site: Brixton Road, Camberwell New Road, Bolton Crescent, Foxley Road and Cranmer Road.

5.3 As part of the consultation process four site notices were erected in the vicinity of the site on 8th February 2011.

5.4 The application was advertised in South London Press on the 4 th February 2011.

5.5 In total five responses from local addresses were received as a result of the consultation exercise. One letter of objection has been received which is summarised below:

Material planning objections Response

The reduction in parking will put pressure The Council’s Transport Officer has raised on surrounding roads. The parking within no in principle objections. It is commented the Kennington Business Centre is already that an increase in visitors to the site could under pressure. raise the potential of an increase to the number of cars looking to park on the surrounding streets in this case the adjoining streets of Cranmer Road and Foxley Road, which are not contained within a CPZ are the most likely to be impacted. Whilst there is the potential for an increase in parking levels Transport Officers do not raise objection on such grounds as the site has excellent access to public transport. A Travel Plan Framework has been submitted with the application and a number of committed measures are outlined, which are welcomed. In the event of granting planning permission a Travel Plan would be secured via condition and be submitted within 6 months of occupation, to allow staff surveys to be undertaken.

5.6 Four letters of support have been received stating the following comments:

• Opening up the Business Park for use by passers by should encourage local businesses in the area and provide a range of meeting places for residents • We would like to see an increase in cycle spaces and existing showers retained • The scheme would bring diversity and the gym would enhance the attractiveness of the area • Would prefer independent businesses and a pharmacist

5.7 Letters of notification were sent out to the following statutory bodies, external consultees and local amenity groups, any responses of which are detailed below: . • English Heritage Archaeology; No objections raised.

• Environment Agency; No objections raised.

• Transport for London; No in-principle objections raised subject to a number of points being addressed by the imposition of condition and s106 agreement. There full comments are included in the subsequent section of this report.

• London Borough of ; No objections raised.

Amenity groups:

• Kennington Association; No response to date.

• Kennington Oval & Forum; No response to date.

5.8 The following internal Council departments were consulted on the application:

• Planning Policy – Raise no objections subject to the imposition of conditions.

• Transport and Highways – Raise no objections subject to the imposition of conditions and S106 agreement.

• Conservation and Urban Design – Raise no objections subject to the imposition of conditions.

Crime Prevention Design Officer – Raise no objections subject to the imposition of conditions.

• Regulatory Services – Noise Pollution & Food Safety - Raise no objections subject to the imposition of conditions.

• Implementation team – Raise no objections subject to a S106 agreement.

• Parks and Open Spaces – Raise no objections subject to the imposition of conditions and S106 agreement.

6.0 RELEVANT POLICIES

National Policies

6.1 PPS 1: Delivering Sustainable Development PPS 4: Planning for Sustainable Economic Growth PPS 5: Planning for the Historic Environment PPG 13: Transport PPS 22: Renewable Energy PPS 23: Planning and Pollution Control PPG 24: Planning and Noise PPS 25: Development and Flood Risk

London Plan (Consolidated with Alterations Since 2004) February 2008

6.2 The London Plan was consolidated in February 2008 and now includes alterations that have been made since it was adopted in February 2004. The London Plan is the Mayor’s development strategy for Greater London and provides strategic planning guidance for development and use of land and buildings within the London region.

6.3 It seeks to accommodate significant growth in ways that respect and improve London’s diverse heritage while delivering a sustainable world city and, proposes to achieve this through sensitive intensification of development in locations well served by public transport. All Borough plan policies are required to be in general conformity with the London Plan policies.

6.4 The London Plan provides the strategic policy for London. Relevant policies in the London Plan:

• Policy 2A.1 Sustainability criteria • Policy 2A.2 Opportunity Areas • Policy 2A.5 Town Centres • Policy 3C.22 Parking Strategy • Policy 3B.1 Developing London’s Economy • Policy 3D.14 Biodiversity and nature conservation • Policy 4A.7 Energy efficiency and renewable energy • Policy 4B.1 Design principles for a compact city • Policy 4B.3 Maximising the Potential of Sites • Policy 4B.7 Respect local context and communities • Policy 4B.10 London’s built heritage • Policy 4B.11 Heritage conservation

Local Development Framework (Core Strategy) and Saved Unitary Development Plan Policies

6.5 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning decisions to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan in Lambeth is the London Plan (‘consolidated with Alterations since 2004’ published in February 2008), the Lambeth Core Strategy (adopted 19 January 2011) and the remaining saved policies in the ‘Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not supersede by the LDF Core Strategy January 2011’. Material considerations include national planning policy statements and planning policy guidance.

Core Strategy

6.6 The following policies are considered particularly relevant to this application:

• Policy S1 Delivering the Vision and Objectives • Policy S2 Housing • Policy S3 Economic Development • Policy S4 Transport • Policy S6 Flood Risk • Policy S7 Sustainable Design and Construction • Policy S8 Sustainable Waste Management • Policy S9 Quality of the Built Environment • Policy S10 Planning Obligations

Unitary Development Plan (2007)

6.7 The following policies are considered particularly relevant to this application:

• Policy 4 Town Centres and Community Regeneration • Policy 7 Protection of Residential Amenity • Policy 9 Transport Impact • Policy 19 Active Frontage Uses • Policy 21 Location and Loss of Offices • Policy 29 The Evening an Late Night Economy, Food and Amusement Centre Uses • Policy 31 Streets, character and layout • Policy 32 Community Safety/Designing Out Crime

• Policy 35 Sustainable Design and Construction • Policy 39 Streetscape, Landscape and Public Realm Design • Policy 45 Listed Buildings • Policy 47 Conservation Areas.

Supplementary Planning Documents:

6.8 The Council’s Supplementary Planning Documents were also considered relevant to the determination of this planning application are outlined:

• Safer Built Environments (April 2008). This SPD reflects practical experience and established government best practice. In line with the Crime & Disorder Act 1998, Planning Policy Statement 1 and the companion guide Safer Places, crime prevention is a material consideration in planning decisions.

• ‘S106 Planning Obligations (July 2008). The Supplementary Planning Document on S106 Planning Obligation was adopted by the Council in July 2008 following public consultation. This document sets out in a transparent and consistent way the Council’s approach to seeking planning obligations

• ‘Sustainable Design and Construction’ (July 2008). The Supplementary Planning Document on Sustainable Design and Construction was adopted by the Council in July 2008 following public consultation. The purpose and role of this SPD is to provide guidance on the interpretation and application of Policy 35 of the Saved Unitary Development Plan as well as drawing attention to relevant London Plan policies.

7. PLANNING CONSIDERATIONS

7.1 Land Use

7.2 Adopted Core Strategy Policy S1(c) (Delivering the Vision and Objectives) is supportive of various initiatives, including amongst other things, neighbourhood management schemes, in order to promote centres, assist in attracting inward investment, and coordinate and manage improvement to the public realm.

7.3 Core Strategy Policy S3 (Economic Development) relates economic development and part (a) of this policy safeguards Key Industrial and Business Areas (KIBAs) for business, industrial, storage and waste management uses, including green industries, and other compatible uses, excluding large scale retail. Part (d) is also of relevance and supports the vitality and viability of Lambeth’s town centres, including local centres, for retail, service, leisure, recreation and other appropriate uses, maintaining a predominant retail function of primary shopping areas and improving existing retail facilities; supporting and protecting market areas and areas of specialist shopping; and safeguarding local shops and other local services to meet community need within neighbourhoods. Saved UDP Policy 4 (Town Centres and Community Regeneration) and 19 (Active Frontage Uses) also support active frontages uses in local centres and along main pedestrian thoroughfares.

7.4 Core Strategy Places and Neighbourhoods Policy PN7 (Oval) which relates specifically to the Oval advises that the Council will support the role of Oval as a local centre through reinforcing and adding to the quality of its existing well defined character and sense of place. Part (b) states that improvements to the quality and extent of shopping and other appropriate town centre uses within the centre and various opportunity sites will be sought and supported. The application site, Kennington Business Park is recognised in the policy

for its opportunities to increase the vitality and attractiveness of Brixton Road centre through provision of active frontage and other uses beneficial to the function of the centre. However, the policy states that such proposals will only be supported where they do not result in the net loss of employment floorspace and ensure that the role of Kennington Business Park as a KIBA is maintained.

7.5 Policy PN10 (Local Centres) relates to local centres and is therefore also of relevance. This policy supports the role and contribution of local centres in providing town centre, community and other business and employment uses to meet local needs and sustainable neighbourhoods.

7.6 In land use terms the key consideration of this planning application is whether the development would assist with the business centre continuing its primary function as an employment site and whether the scale of the retail and leisure development as proposed would be appropriate in an out of centre location and having regard to the sites status as a KIBA.

7.7 Planning Policy Statement 4 (Planning for Sustainable Economic Growth) relates to economic development and Policy EC14 of PPS4 sets out the supporting evidence for planning applications for main town centre uses. Policy EC14.3 of PPS4 requires a sequential assessment for planning applications for main town centre uses that are not in an existing centre and not in accordance with an up to date development plan. Policy EC14.4 requires an assessment addressing the impacts for applications for retail and leisure developments over 2,500 square metres gross floorspace not in an existing centre and not in accordance with an up to date development plan.

7.8 The proposal is considered to be in accordance with the Council’s development plan as Core Strategy Policy PN7(b) recognises the opportunities to increase the vitality and attractiveness of Brixton Road centre through provision of active frontages and other uses beneficial to the function of the centre. The proposals would also not result in any net loss of employment floorspace. The planning application has been accompanied by a sequential assessment and retail impact assessment which addresses some of the impact tests in Policy EC16 of PPS4. The impact and sequential assessments focus largely on the convenience retail aspects of the scheme but also on the full scale of retail floorspace proposed. The impact assessment does not cover the 2,015 square metres of leisure floorspace proposed.

7.9 The development would create an active frontage along Camberwell New Road within Canterbury Court and would improve linkages between Camberwell New Road and Brixton Road. It would also provide a new public square accessed from Brixton Road. A further retail unit is proposed along the Brixton Road frontage next to the main entry forecourt of the business centre within Chester House The retail units would therefore be accommodated in seven units in the main Canterbury Court building and one small retail unit in Chester House. The rationale provided by the applicant for the creation of active frontage uses along Camberwell New Road within Canterbury House is that the units are typically large and dark and only suitable for storage uses. It is stated that demand for this space is very limited and the applicant (Workspace) have been unable to secure suitable tenants. The application documentation states permission is sought for up to 929 sqm of convenience retail floorspace (use class A1) and that it is envisaged that the convenience floorspace will comprise either one top-up neighborhood food store, or one smaller top-up neighborhood food store alongside other smaller scale convenience uses such as a newsagent or health food shop. The remainder of the floorspace would comprise a mix of financial and professional services (use class A2) and restaurant/café floorspace (use class A3). The scheme also proposes 2,015 square metres for a gym (use class D2) which would be located on the ground floor of Canterbury Court which is centrally located within the business park.

7.10 The sequential assessment has appraised all vacant units within the neighbouring Brixton Road local centre as well as Road, and part of Kennington Cross local centres. The assessment identifies that there are no larger sized units (above 100-200 square metres of floorspace) in these centres that could accommodate a local food store. Some exceptions are outlined, for example, three vacant units at No’s 329-335 . These would have a floor area of approximately 236 square metres, however it is evident that these three units in their entirety are not available. The assessment concludes that there are no sites within a 500 metre radius of the site that are suitable, available or viable to accommodate the retail floorspace (use class A1) proposed at Kennington Business Centre. The assessment also highlights that one of the key elements of the proposals is to open up the current inactive frontage along Camberwell New Road and connect this with Brixton Road local centre. Alternatives to these proposals would give rise to difficulties in terms of funding, viability, disruption to existing tenants at the Business Park and deliverability of the wider re-development of the site.

7.11 As stated above, the impacts assessment focuses largely on the convenience retail aspects of the proposals. The impacts assessment investigated in detail three scenario’s for convenience floorspace. Scheme A with a maximum convenience gross floorspace of 929 square metres, Scheme B with gross floorspace of 372 square meters and Scheme C with a hybrid convenience element of 372 square metres comprising neighbourhood food store and 557 square metres of other convenience uses, such as a off-licence, bakery or health food shop.

7.12 The impacts assessment outlines population estimates and available expenditure in the survey area with an analysis of this to establish the trade draw of existing convenience floorspace and to new convenience floorspace. This analysis showed that in all scenario’s the greatest trade diversion would be from Tesco, Acre Lane, Brixton (5.6%), Sainsbury’s, Dog Kennel Hill, East Dulwich (5.7%), Sainsbury’s, Nine Elms, Vauxhall (5.6%) and Tesco, Kennington Lane, Kennington (5%) with Scheme A having the greatest impact although this would be limited in terms of the store’s total trade draw.

7.13 The retail impact assessment also investigated impacts to local shopping centres and shows trade diversion of 2.9% on Camberwell New Road local shops and 0.5% from Brixton Road local shops. It is considered that there is substantial benefit in promoting active frontage uses along Camberwell New Road and this in turn will have a positive impact on the surrounding local centres in the neighbourhood particularly Brixton Road local centre by virtue of increase footfall in the area and public realm improvements. The creation of a new public square would be of considerable public benefit and provide a focus for the local centre.

7.14 It is also considered that such development would assist in reducing leakage of expenditure of areas outside the ‘Oval’ catchment area and lead to an improved shopping offer in the area. It is therefore concluded that the development would not have any adverse impacts as set out in the tests in PPS4. It is however considered necessary and reasonable to limit the level of convenience (food store) floorspace provided via condition to ensure that a mix of retail offer is available. This would prevent a larger scale food store in this location ensuring that the scheme is proportionate to the scale of the centre and that the convenience offer is limited to meeting the needs of the local population. It is considered that the convenience floorspace is to be limited to no more than 929 sqm( gross) in size. This is the level to which the impact assessment has been carried out. The retail impact assessment demonstrates that there would not be any substantial impact on surrounding centres and the scheme would not create an unreasonable level of trade diversion to the detriment of surrounding centres. Any consolidated convenience floorspace above this

threshold would need to be considered as part of a new application in line with the impact and sequential assessment tests in PPS4.

7.15 The change of use to a gym (use class D2) has not been subject to an impact assessment as outlined in PPS4. However Policy EC.14 does not require this for leisure proposals under 2,500 square metres and developments that are in accordance with the development plan. It is clear from the sequential assessment carried out that there are no in centre sites available within the immediate area which would be capable of accommodating a gym which would generally require floor plates much higher than 100-200 square metres. The Borough Retail Study (2008) looked specifically at Private Health and Fitness Clubs and states in paragraph 21.25 (page 175) that “... there could be scope for further health and fitness facilities within the Borough particularly in the future in line with the increase in population and possible growth in membership rates .“ It is considered that a leisure facility, such as the gym proposed, which is accessible to the local community is supported in principle and would be a beneficial to the function of the nearby Brixton Road local centre and surrounding area. It is an aspiration of the Council that the gym is made available to local people on terms comparable to the Council’s leisure centres to ensure that the benefits of the proposal are fully realised. However the applicant has stated that at this stage it would not be feasible to secure this. Whilst the applicant has been in discussions with a low cost gym operator to provide to lower cost facilities, at this stage it is not considered reasonable to secure this via a S106 as this could affect the markability and viability of the scheme.

7.16 In summary, the development would result in a net increase in employment floorspace improving the function of KIBA as a whole in line with Core Strategy policies S3(a) and PN7. The development would also assist in meeting the other objectives of the plan through provision of active frontage uses along Camberwell New Road and Brixton Road, improving permeability through linkages between Camberwell New Road and Brixton Road and create a new public square which accords with Core Strategy policies S3(d), PN7 and PN10 and saved UDP policies 4 and 19. The proposal would enable convenience, comparison, service and appropriate levels of food and drinks uses which would complement existing uses within the business park itself and Brixton Road local centre as well as the wider area. The proposal would also provide leisure facilities which would enhance the KIBA and the local area.

7.17 The proposed uses are acceptable in principle subject to the proposal being acceptable in terms of urban design, residential amenity, transport, community safety and sustainable design and construction.

8.0 Design and Conservation Area Considerations

8.1 The policy context is set out within saved UDP policies 19, 31, 32, 36, 37, 35, 39, 45 and 47 and Core Strategy policies S1, S7 S9 and PN7. Further guidance is contained within the Safer Built Environments SPD and the ‘Sustainable Design and Construction SPD.

8.2 Saved UDP Policy 31 (Streets, Character and Layout) states that development should respond to and enhance the architectural character of the area. All schemes must be of a high standard of design that are compatible with the scale and character of existing development. The council will take into account the following factors in considering applications: scale, layout and access arrangements, and relationship to existing townscape in terms of height, form, frontage, building materials, colour and detailing.

8.3 Part C of Policy 31 states that development should add to a connected series of streets, street blocks, public spaces and walkable neighbourhoods, designed around the

needs of the pedestrian, responding and adding to connected patterns of streets, landmarks, the topography and landscape feature in the area.

8.4 Saved UDP Policy 36 (Alterations and Extensions) states that alterations and extensions should be in keeping with the architectural language of the original building.

8.5 Of further relevance is saved UDP policy 39 (Streetscape, Landscape & Public Realm Design). Part a considered that as much attention should be paid to the design of the areas between buildings as to buildings themselves. Development should provide or enhance an un-cluttered, consistent, simple, accessible and co-ordinated public realm, with robust and appropriate materials and landscape design, enhancing the setting, connections and spaces between buildings.

8.6 In accordance with the provisions of Saved UDP Policy 47, development outside conservation areas should not harm the setting of the area or harm views into or from the area. Saved UDP Policy 45 states that any development which adversely affects the setting of a listed building or significant views of a listed building will be refused.

8.7 The site is in a prominent and sensitive location and is in close proximity to St Marks Church which is Grade II* Listed and the part of the site is in close proximity to two conservation areas and to a terrace of Grade II Listed Buildings at the rear. The site also has a notable street frontage which contributes to the challenge of designing a scheme that would provide an acceptable contextual response in the surrounding street-scene and public realm.

Chichester House & Chester House

8.8 A new third floor roof extension would be erected at Chichester House serving approximately 866 sqm of office floorspace (use class B1).

8.9 The third floor storey roof extension is considered acceptable in principle and the set back from the front and side elevations is supported. This would provide visual subservience and would express a clear hierarchy and distinction between the original building and the extension achieving compliance with saved UDP Policy 36. The proposed roof extension would be similar in appearance to the existing roof extension at Canterbury Court granted planning permission in October 2010. Sections show that the rear elevation of the proposed roof extension would extend from the raised parapet which would result in the extension appearing more or less flush with the existing building. Whilst not entirely ideal, as this element relates to the rear elevation which is not prominent in the public realm and the overall acceptability of the design, this part of the scheme is considered acceptable. In the event of granting planning permission full construction details and materials would be secured by condition.

8.10 A new single storey extension to Chester House serving approx. 47sqm of A1-A3 use class (shops, financial services or restaurant) floorspace is also proposed. This would be in conjunction with a further 115sqm of new A1-A3 use class floorspace resulting from a change of use of the ground floor of Chester House. Removal of the disused stair lift shaft would expose the original highly decorative north elevation of Chester House. This elevation would be restored to its original condition whilst a smaller scale retail unit is proposed in the area where the disused lift shaft is currently sited. These aspects of the proposal are considered acceptable and would enhance this part of the application site. The retail unit would be constructed using a steel frame with brick enclosure and glazed shop fronts. In the event of granting planning permission full construction details and materials would be secured by condition.

8.11 A new four storey entrance extension is proposed to Chichester and Chester House as well as fenestration alterations. Planning permission was recently granted for this extension (ref: 10/02689/FUL) and this consent is therefore extant.

Canterbury Court

8.12 An active frontage would be introduced to Canterbury Court fronting Camberwell New Road (north elevation) which would serve approx. 2,247 sqm of retail, financial and restaurant floorspace (use class A1-A3).

8.13 As stated in saved UDP policy 19 active frontages promote urban vitality and/or regeneration. It is considered that the proposal meets this policy requirement in that it would introduce active uses at ground floor level along Camberwell New Road with a window display and entrances at ground floor level. The existing wall delineating the boundary of Camberwell New Road would be removed. This would provide activity and natural surveillance of the street that is over and above the existing situation of blank high wall. The existing ground floor windows would be replaced with full height glazed shopfronts and it is considered that design would respond to and enhance the existing building, the area and neighbouring buildings. Although the ground floor windows would be removed, the key stone to these windows are retained and this is welcomed. Given this the design of the shopfronts would achieve compliance with saved UDP policy 37.

8.14 In response to the eastern elevation an external stair would be removed along with the erection of extraction flues. Fenestration alterations in the form of enlarged window openings and new doors are also proposed to the southern elevation. With regards to the removal of the stair this corner is clearly visible in views from Camberwell New Road therefore the removal of existing visual clutter including the removal of external stairs is considered positive. The Council’s Urban Design Officer has commented that the proposed flues are not particularly attractive, however they are restricted to elevations that are not viewed from the street and are located in appropriate areas so as not to dominant the elevation. Regard must also be to the fact that the site is in commercial use. On balance the positive interventions and alterations outweigh the visual impact of the flues to this generally obscured elevation.

8.15 There are also no concerns raised in response to the re-instatement of windows and wider openings for new doors to the southern elevation which would appear consistent to the host building. Several flues are located adjacent to the stair core which is also considered visually acceptable.

8.16 The existing deck access would be removed from the western elevation that fronts Brixton Road and a door two storey projecting bay would provide principle access to Canterbury Court. Overall alterations to the west elevation are positive, much of the building is currently obscured by the over dominant deck access which conceals the entire ground floor elevation. The proposed alterations allow for the entire elevation to be appreciated as a result of the reduction in width of the deck access. In the event of granting planning permission full construction details and materials would be secured by condition.

8.17 The Council’s Urban Design Officer had commented that the alteration of an existing door opening into a window that is located above the stucco ground floor segment would have been more successful if the window opening had been reduced in height and a window apron re-instated (similar to the other first floor window in that bay). This would have created balance to this bay similar to other bays in the façade. However regard must be had to the overall benefit of the omission of deck access which is discussed above.

Landscaped Square

8.18 A new landscaped square is proposed that would be accessed from Brixton Road and would provide a pedestrian link to Camberwell New Road. The existing vehicular access from this part of the site that serves the car park would be removed. The scheme also proposes new boundary treatment fronting Brixton Road.

8.19 The vision for the Brixton Road public space centres on improved connectivity to Brixton Road and opening the site up for greater public use. The design of the public space is acceptable and as previously discussed so is the removal of the high boundary wall along Camberwell New Road. As stated this would improve the pedestrian experience along the street and provide an improved relationship between the building and the street.

8.20 The Council’s Urban Design has further commented that there are many positive features of the existing boundary treatment along Brixton Road which provides spacious openings for pedestrians to enter and egress, are reflective of the robust character of the buildings and provide security to the site. The proposed boundary treatment which proposes folding gates does not provide the sense of arrival, presence and clear signage in comparison to the existing situation. On this basis a condition is recommended requiring full details of proposed and replacement boundary treatment.

8.21 In summary, it is considered that the proposal is acceptable in terms of design and layout and that it would suitably respond to the host building and adjacent conservation area and heritage assets.

8.22 Taking the above into account, this application would therefore be complaint with the provisions of saved UDP policies 19, 31, 32, 36, 35, 37, 39, 45 and 47 and Core Strategy policies S1, S7, S9 and PN7.

Archaeology

8.22 English Heritage Archaeology considers that on balance it does not appear likely that this development would not have a discernable effect on archaeology. It is therefore recommended that any requirement for pre or post determination archaeological assessment/evaluation can be waived.

9.0 Residential Amenity

9.1 The site is located is in an urbanised location and is generally separated from existing residential uses, with the nearest residential dwellings located at across Brixton Road. This is reflected by the sites long standing commercial use and that it is located within a KIBA.

9.2 A mixture of building forms and land uses surround the site, typifying the variety of its urban location. To the west of the site lies Brixton Road and is characterised by a parade of terraced shops with flats above. Beyond to the north is the listed St Marks Church and its churchyard which provides a pedestrian route through to the Oval underground station. A large traffic junction is located to the north west of the site and to the east is Kennington Park. Adjacent to the park across Camberwell New Road is a parade of shops.

9.3 Saved UDP Policy 7 states that the right of people to the quiet enjoyment of their homes will be respected. Saved UDP policy 33 requires that development should protect residential amenity of existing and future residents by ensuring acceptable standards of privacy and not creating an undue sense of enclosure or demonstrable loss of natural light. The thrust of policies 7, 33 and 36 is to protect the amenity of residential occupiers and as

such commercial uses such as offices and community uses do not afford significant protection with respect to un-neighbourly impact.

9.4 Given the relationship of the site to the neighbouring residential occupiers on Brixton Road and Camberwell New Road it is considered that it is necessary to maintain suitable separation distances to reduce the impact of the roof extension and extensions on residential amenity. The front elevation of the roof extension and plant enclosure extension is set back from the front building line which further reduces their presence and the scheme is considered not to appear unduly overbearing or result in unacceptable overlooking impact. The relationship of the single storey extension fronting Brixton Road is also considered acceptable by virtue of its appropriate single storey height. The scheme is also supported with a report demonstrating that it meets the requirements of the BRE ‘Site layout for daylight and sunlight, a guide to good practice’ and therefore would not result in a demonstrable loss of light.

9.5 Regard will also need to be paid to any undue noise impact and that any air conditioning and plant and extraction systems should operate below ambient noise levels experienced within the location. The proposal has been submitted with a noise report which addresses such issues. The Councils Environmental Health Officer has raised no objections subject to the imposition of safeguarding conditions.

9.6 In terms of A3 uses (restaurants and cafes)the Council recognises that the closing hours, concentration and scale of premises can potentially create or add to unacceptable noise or harm to amenity. Saved UDP Policy 29 relates to food and drink uses and advises that they will only be permitted where the proposal would not cause unacceptable noise or other harm to residential amenity, in relation to the proximity to residential amenity and having regard to each of the three criteria set out in the policy.

9.7 Criteria (i) relates to the specific nature of the proposed use and advises that this must be acceptable taking account of specific measures such as noise insulation. Criteria (ii) relates to closing hours, concentration and scale of premises and that premises should not create or add to unacceptable noise or harm to amenity or risk of public disorder. Criteria (iii) addresses vehicular movements and seeks to safeguard against noise and traffic problems. Of the three criteria, only criterion (ii) sets a specific land use requirement that could impact on the acceptability of the development in principle as it allows no more than 25% or more of units and 2 in 5 consecutive units to be in A3 use. However in this instance this policy test would not apply as the application is not located in a core or edge of a major town, district or local centre.

9.8 It is however considered necessary and reasonable to limit the level of restaurant floorspace provided via condition to ensure that a mix of retail offer is available. This would prevent a larger scale restaurant in this location ensuring that the scheme is proportionate to the scale of the centre, that the convenience offer is limited to meeting the needs of the local population and to safeguard against noise and disturbance impact. It is considered that the restaurant floorspace is limited to no more 2 in 5 consecutive units to be in A3 use which would prevent local overconcentration per saved UDP policy 29.

9.9 The proposed hours of use for the B1 use would be 7.00am – 9.00pm Monday to ] Sunday and Public Holidays. The proposed opening hours for the A1, A2 A3 uses are 6am to 10pm Monday to Sunday including Public Holidays. The D2 use (gymnasium) would be open on a 24 hour basis.

9.10 It is considered that opening hours are acceptable by virtue of the sites designation as a Key Industrial and Business Area and its relationship of with residential occupiers which are separated from the site across Brixton Road, Camberwell New Road and Cranmer Road. The scheme is not considered to represent an unacceptable form of

development in terms of noise and disturbance regarding the proposed hours of operation. Safeguarding conditions are recommended that would reasonably restrict the hours of operation in response to the B1 and A1, A2, A3 uses. Further that the premises shall be used only as a gymnasium and for no other purpose whether or not within the D2 Use Class.

9.11 It is recognised that the nature of A3 use could be intensive given that would involve the cooking and preparation of hot food. The scheme involves the erection of a number of extraction ducts to the south elevation of Canterbury Court which would be provided to mitigate against fumes and odours emanating from the use. The Council’s Environmental Health Officer (from Noise and Pollution and Food and Hygiene) has commented that all fumes and smells from any cooking process should be extracted through internal or external ducting which is so designed that the ducting discharges at roof level. In the event of granting planning permission and prior to occupation a condition is recommended securing, full details of all internal and external plant and ventilation and filtration equipment. In addition a noise control condition is also recommended.

9.12 The Council’s Environmental Health Department have raised no objection to the scheme subject to the above safeguarding conditions.

9.13 In summary, the scheme would not materially worsen the amenity afforded by existing occupiers with respect to the existing situation. Given this it would therefore not be prejudicial to Polices 7 and 33 of the saved UDP.

10.0 Highways and Transportation Issues

10.1 The proposal has been assessed against saved UDP Policy 9 (Transport Impact) and Core Strategy Policy S4 Transport having regard to PPG13 [Transport) and Policy 3C.2 (Matching development to transport capacity) of the London Plan. These policies seek to ensure that proposals for development have a minimal impact on the performance and safety of the highway network and that sufficient and appropriate car parking and cycle storage is provided whilst meeting objectives to encourage sustainable transport. Policy 9 of the saved UDP states that planning applications will be assessed for their transport impact, including cumulative impacts on highway safety; on the environment and the road network; and on all transport modes, including public transport (in particular, the impact on demand for and the operation of public transport), walking and cycling. The policy goes on to state that any increase in traffic generated by development, should not increase levels of traffic congestion, lead to a situation where the condition of highway safety is reduced, cause material harm to the speed and/or reliability of bus and other public transport services or undermine traffic reduction and/or management measures.

10.2 The site is located at the junction of Brixton Road and Camberwell New Road (both TLRN) and is bounded by Cranmer Road to its south and Foxley Road to its east. The site is located approximately 200m from Oval Underground Station and has several bus stops close by meaning that the site benefits from a Public Transport Accessibility Level of 6a indicating an exceptional access to public transport. The site is not located within a Controlled Parking Zone and no parking restrictions are in place on the adjacent borough roads i.e. Cranmer and Foxley Roads, although the status of the adjacent TLRN roads as Red Routes prevents parking other than in designated short stay bays.

Trip generation

10.3 A Transport Assessment has been submitted that sets out the existing and proposed trip rates and modal splits for the site. The Councils Transport Officer has commented that the figures provided are not consistent throughout the report with the results of an on-site

traffic survey carried out by the applicant. On this basis the figures have been adjusted to reflect the results of the survey and the headline figures showing overall In and Out movements are as shown below;

Private Vehicle Service Walk Cycle Taxi Public Total vehicles Passengers vehicles Trans Existing 942 49 31 159 47 5 768 2001 Proposed 1177 370 94 4455 140 81 2049 8366

10.4 It is clear from the above table that the most significant increase in trips would be due to the number of people walking to the site, an increase of 2700%. This is a large increase overall and does not take in to account the proportion of people who would be walking to and from public transport and this scale of increase would have an impact on routes to and from the site in particular St Mark’s Church Yard which is the most direct route to and from Oval Underground Station. The pathways running through it are in poor condition in places and are not of sufficient width to accommodate any significant increase in pedestrian flows with pedestrians already having to walk on the grass to avoid each other at peak times. These paths are not part of the public highway and come under the control of the Council’s Parks Department. There are concerns that without improvement to both the condition and capacity of these paths they would not be able to safely accommodate the predicted flows The applicant has accepted a contribution of £65k which would be used to improve both the condition and capacity of the paths within St Marks’s Churchyard. This would be secured by a S106 agreement.

10.5 The increase in public transport trips to the site is estimated to be 1281 throughout the day an increase of 167%. TfL have commented that they are obliged to assess the worst case scenario for impact (which is not limited to traffic impact). Whilst the conclusions of the retail assessment are acknowledged, they have commented that the conditions and assumptions used in it may change in the future. Therefore it is considered necessary and reasonable to limit the level of convenience (food store) floorspace provided via condition.

Impact to on-street car parking

10.6 An increase in visitors to the site could raise the potential of an increase to the number of cars looking to park on the surrounding streets in this case the adjoining streets of Cranmer Road and Foxley Road, which are not contained with a CPZ are the most likely to be impacted. Whilst there is the potential for an increase in parking levels Transport Officers do not raise objection on such grounds as the site has excellent access to public transport. A Travel Plan Framework has been submitted with the application and a number of committed measures are outlined, which are welcomed. In the event of granting planning permission the measure of the Travel Plan would be secured via condition and be submitted within 6 months of occupation, to allow staff surveys to be undertaken.

Highway Alterations

10.7 The application proposes to make various alterations to the public highway surrounding the site. This would include the removal of a large boundary wall along Camberwell New Road which would create direct access to the newly created retail units behind a significantly widened footway. In principle this change is welcomed by Transport Officers as the existing footway is narrow and the presence of the high wall creates a blank streetscape. It is also proposed to re-instate the two vehicle access points on Brixton Road and this would improve the pedestrian realm on Brixton Road by removing potential conflicts with vehicles crossing over the footway. In the event of granting planning permission these works would be undertaken by a S278 agreement to be secured via a S106 agreement. A Method of Construction Statement would also be secured via condition.

Car Parking

10.8 The site currently contains 194 marked car parking spaces and these are leased out to users of the site. The scheme proposes to remove 56 of these spaces which would result in a new total 138 spaces. The applicant states that they would be unwilling to further reduce this number due to the fact that many of the existing users of the site in the B1 units are likely to remain on-site and have existing leases in place for their car parking spaces. It is also suggested that the nature of many of the businesses housed by the site are reliant on the use of vans and other vehicles to transport their goods and that the majority of the parking is therefore operational rather than for commuting purposes. This approach is accepted in principle. If the current users of existing parking spaces leave the site or relinquish their leases in order to ensure that such spaces do not become used as parking for other land uses (particularly A1) a Car Parking Management Strategy would be secured via condition. Transport Officer has further commented that some of the spaces (i.e. 110 – 112) do not appear to be of sufficient size to accommodate a vehicle. However this should not lead to any impact on the public highway therefore and is acceptable.

Cycle Parking

10.9 Presently 32 cycle spaces are available on the site and it is proposed to increase this to 80 covered and secure spaces for staff to be accessed by means of a key fob system. This is considered to be an acceptable provision but it is noted that no provision has been for on-site visitor cycle parking. A condition is recommended to secure this.

Servicing

10.10 An off-street servicing yard is proposed at the eastern end of the site that would be accessed from Camberwell New Road. The applicant has stated that this is of sufficient size to accommodate a 10m rigid vehicle to turn around so as to enter and exit in a forward gear. TfL have however raised concerns over whether this is of sufficient size for the proposed A1 retail uses which often require vehicles in excess of this. On this basis and in the event of granting planning permission a condition is recommended limiting the size of vehicle to a 12m rigid vehicle

10.11 Refuse collection would be undertaken from within the service yard and in the event of granting planning permission details of this aspect of the development would be reserved by condition.

10.12 In summary, the Council’s Transport Officers and Transport for London do not object to the principle of the proposals and have commented that the additional information can be secured via condition and suitable measures can be secured via an s106 agreement. It is therefore considered that the scheme would not prejudice the free flow of traffic in the area and highway safety and complies with saved UDP and core strategy transport policies.

11.0 Safety and Secure by Design

11.1 Policy 32 of the UDP seeks to ensure that proposed developments enhance community safety and no not create opportunities for crime or result in an increase in the risk of public disorder.

11.2 The application has been assessed having regard to Policy 32, which requires that developments should enhance community safety. The policy states that development will not be permitted where opportunities for crime are created or where it results in an

increased risk of public disorder. This requirement is contained within Section 17 of The Crime and Disorder Act 1998 which imposes an obligation on the Local Planning Authority to consider crime and disorder reduction in the assessment of planning applications.

11.3 The application was referred to the Metropolitan Police Crime Prevention design adviser for assessment of whether it complies with or has the possibility of complying the Secured by Design Standards and mitigation of local crime risks. The Officer has outlined that the area surrounding the site is an on ongoing street crime and youth crime hotspot. The nearby Oval transport hub draws a considerable number of people through the area at all hours with a significant amout of of the crimes reported occurring during late evenings and hours of darkness. The scheme proposes to control access via a secure boundary after general business hours when the site is less occupied. There are also ongoing issues at St Marks Churchyard with groups gathering and causing anti-social behaviour so it is important to ensure that the re-design does not encourage this within the new courtyard and along Camberwell New Road. The Crime Prevention design advisor has also commented that the option to control access via a secure boundary after general business hours when the site is less occupied is welcomed. The decision to close the side gate access from Camberwell New Road after retail hours and closure of the main courtyard gates with the implementation of access control after general business hours is also promoted. This is to avoid the likelihood of lone individuals being targeted as the walk through a secluded shortcut when surveillance and over looking is reduced and groups gathering in isolated areas on the site. It is also suggested that a contribution is sought which addresses local street lighting, primarily relating to Brixton Road, Camberwell New Road and St Marks Churchyard. It is further officer comment that the scheme would improve the pedestrian realm on Camberwell New Road through the introduction of active frontages and that a contribution of 65k has been agreed for the improvements to St Marks Churchyard.

11.4 In summary the Crime Prevention design Officer raises no in principle objections subject to the imposition of a planning condition. This is in order to ensure that the development is secured by design and would meet the purposes of s17 of the Crime and Disorder Act.

Compliance with the Disability and Discrimination Act

11.5 The submitted plans indicate that there would be level access to the ground floor of the premises. The development would have to meet Part M of the Building Regulations, which deals with aspects of the Disability and Discrimination Act 2005 (DDA) including width of doors and corridors, level thresholds, toilet facilities, stairs etc. It is considered that the scheme complies with the aims of the disability and discrimination legislation and Policy 31 (Streets, Character and Layout).

12.0 Sustainability

Energy

12.1 Policy 4A.3 of the London Plan seeks to achieve sustainable design and construction in accordance with the ultimate aim of reducing carbon dioxide emissions as set out in Policy 4A.1 of the London Plan. Alterations to this document include policies on reducing carbon dioxide (CO²) emissions by 20% unless it can be demonstrated that such provision is not feasible. Core Strategy Policy S7 requires all major developments to achieve a reduction on carbon dioxide emissions on line with London Plan targets through energy efficient design, de-centralised heat, cooling and power systems, and on site renewable generation, and requiring all other developments to achieve the maximum feasible reduction in carbon dioxide emissions through these measures. Where the required reduction from on site renewable energy is not feasible within major new developments, a

financial contribution will be sought to an agreed borough wide programme for carbon dioxide emissions reduction.

12.2 Policy 4A.4 of the London Plan and Lambeth’s adopted “Sustainable Design and Construction” SPD advocate that major applications should include an energy strategy indicating CO² savings below a base rate calculation following the, “be lean, be clean, be green” hierarchy:

• Be Lean: The reduction of energy demand and CO² emissions from using less

energy, in particular by adopting sustainable and passive design and construction measures; • Be Clean: Proposals for the reduction of energy demand and CO² emissions through supplying energy efficiently, including the feasibility of Combined Heat and Power (CHP) / Combined Cooling, Heating and Power Systems (CCHP); • Be Green: Details of renewable energy technologies to be incorporated in the development, demonstrating that CO² emissions from expected energy use will be reduced by a minimum of 20 % through on site renewable energy generation.

12.3 The applicant has sought to comply with the core strategy requirement of offsetting predicted CO² emissions through on site renewable technologies and design measures. It is outlined that the carbon emissions from the existing building of Canterbury Court would be reduced by 6% and that the carbon emissions to Chichester House and Chester House would be reduced by over 14%. An Energy Statement has been submitted with the application that appraises a range of energy technologies as potential on site energy generation sources, and an assessment using the above criteria. The energy statement proposes passive design and energy efficiency measures and photovoltaics cells.

12.4 Council officers are principally in favour of the intent of the energy scheme, and the overall reduction of 15% emissions regarding Chester and Chichester House and 6% regarding the refurbished Canterbury Court building over baseline emissions is satisfactory. Whilst it is recognised that the target emissions of 20% would not be met consideration must be given to the fact that the scheme relates to the refurbishment and extension of existing buildings and not a new build on a cleared site. The site is subject to a number of constraints and is constrained by its existing built fabric, envelope and age. It is also noted that the change of use of Canterbury Court relates to the ground and first floors and the reduction in emissions would relate to the entire building. In response to Chester/Chichester house the emissions reduction of 15% would also relate to the entire building. The applicant's energy consultant has advised that no alternative renewable systems are feasible for the works currently proposed at Kennington Park Business Centre and that there are currently measures in place on the site (solar thermal hot water system and the provision of two wind turbines). They were included as part of the first phase of improvements to the site, and the small scale of the current proposals mean that there is very limited additional space for additional systems to be employed. This space is utilised as effectively as possible by the measures outlined above which means that no additional systems are feasible and no greater reductions in carbon dioxide emissions can be secured.

12.5 Taking the above into account, on balance it is considered that the development is in principle acceptable with regards to the provisions of London Plan Policy, Core Strategy S7 which can be secured via a condition.

Sustainable Design and Construction

12.6 Policy 4A.3 of the London Plan sets out measures that should be incorporated into developments to ensure that they meet the highest standards of sustainable design and

construction. UDP Policy 35 states that development proposals should demonstrate how they incorporate sustainable design and construction principles.

12.7 Lambeth’s adopted “Sustainable Design and Construction” SPD sets out the minimum standards to be met for various types of development.

12.8 The applicant has submitted a BREEAM Pre-Assessment with the application that sets out to address how sustainable design and construction principles are integrated into the proposal. This tackles the design of the development, the use of materials, the mitigation of micro effects, waste and other issues.

12.9 It is recommended that this is secured via a conditions ensuring a post-construction review is carried out by a BREEAM certified assessor to ensure the development has achieved the ‘very good’ rating in response to BREEAM Office, Gym and Retail uses.

13.0 Ecology

13.1 Whilst the proposal site involves previously developed land, it is adjacent to Kennington Park that is designated as a site of Local Nature Importance. The Councils Parks and Green Spaces Officer has commented that the present site has little ecological value – and the submitted ecological surveys and assessment are make a sound case that the sites existing status does not warrant it being retained or protected for intrinsic wildlife value. It is however recommended that an Ecological Watching Brief is secured via a condition before any physical development works commence, especially if this occurs in the main ‘risk period’ which is from spring to mid-autumn. Though there was no evidence of bats roosting at the site, the submitted report recognises a need to be mindful of suitable bat habitats as the survey was conducted in winter. It could be possible that bats, as well as nesting birds could find opportunities to roost before the site is developed. Lastly it is recommended that a soft landscaping condition is secured which would promote biodiversity.

14.0 Flood Risk

14.1 The site lies within Flood Zone 2 and Flood Zone 1 but is defended by the Thames Defences. Assuming a breach in the defences, the site lies outside of the breach extent as shown on Figure 16 within the Local Authority’s Strategic Flood Risk Assessment.

14.2 The Environment Agency has reviewed the submitted Flood Risk Assessment and states that it is compliant to the guidance contained in PPS25. The applicant proposes to draw up a flood evacuation plan, which includes signing up to flood warning which is welcomed. The site is over 1 hectare, however, there will be no increase to the impermeable area of the site and existing drainage systems will be used.

14.3 In summary the Environment Agency has no objections to the proposed development as submitted.

15.0 Planning Obligations

15.1 Circular 5/2005 states the intention of planning obligations is to make acceptable development which would otherwise be unacceptable in planning terms. It goes on to set out the appropriate tests for seeking planning obligations, as follows:

• relevant to planning • necessary to make the proposed development acceptable in planning terms • directly related to the proposed development • fairly and reasonably related in scale and kind to the proposed development, and,

• reasonable in all other respects.

15.2 Officers consider that there are a number of impacts resulting from the scheme that would need to be mitigated to warrant the scheme acceptable. In order to mitigate localised impacts of the development, financial contributions towards the following are considered necessary, having regard to the SPD for Section 106 Planning Obligations. The Council’s Planning Implementation team have indicated that planning obligations, in accordance with the SPD would be sought with respect to Libraries, Revenue Contribution and Parks and Open Space (St Marks Churchyard).

• A contribution towards local libraries of £5,859.47 for has been requested for improvement to the local library in the vicinity of the site. The applicant has agreed to pay this contribution.

• A contribution towards local sports and leisure of £21,852.96 has been requested for the improvement to the local sports and leisure facilities in the area. The applicant has agreed to pay this contribution.

• A contribution towards the parks and open space of £65,000.00 has been requested for Parks and Open Space relating to the improvement of St Marks Churchyard has been requested. The applicant has agreed to pay this contribution.

• Revenue Contribution of £6,500.00. The applicant has agreed to pay this contribution.

• Travel Plan monitoring fee of £1000. The applicant has agreed to pay this contribution.

• A contribution towards local labour in construction of £3,718.75 for has been requested. The applicant has agreed to pay this contribution.

• A contribution of £15,913.66 towards general employment and training has been requested. The applicant has agreed to pay this contribution

• A contribution towards monitoring fee of £2,996.12 has been requested for monitoring the observance and performance of the obligations in this Deed and upon the administration of the provisions of this deed. The applicant has agreed to pay this contribution.

• The total contribution being sought for the development is £122,840.96

14.3 It is considered that the obligations secured to mitigate the development’s impact under the Heads of Terms listed above, meet all of the tests for seeking planning obligations outlined in Circular 05/2005, Core Strategy Policy S10 and the adopted SPD for Planning Obligations render this development acceptable in planning terms.

14.4 In the event of the applicant’s failure to complete the agreement within the statutory period of the application, Officers recommend the application to be refuse on grounds that it would prejudice the aims of Core Strategy Policy S10 and the adopted SPD for Planning Obligations.

15.0 Conclusions

15.1 The principal of the introduction of retail and gymnasium use would be complementary to the use of the KIBA and would not unduly impact on local shopping centres. The increase of B1 use class commercial floorspace is welcomed and would enhance the function of the KIBA. The scheme would not be prejudicial to the aims of Core Strategy S1, S3 and PN7, London Plan policy and Government guidance.

15.2 The proposal, by reason of its acceptable siting, form, scale, height, massing, design and detailing, would suitably respect the scale of host and adjacent buildings, its local context and would not harm the character and appearance of the adjacent conservation or the setting of the nearby listed buildings.

15.3 It is considered that the proposal would not have an undue impact on the amenity of neighbouring residents given the suitable design of the scheme and separation distances involved by reason of loss of privacy, light, outlook and noise and disturbance nor would the extensions appear visually intrusive or create a negative sense of enclosure.

15.4 The proposal would not unacceptably increase parking pressure or generate significant extraneous vehicular traffic within surrounding highways.

15.5 Given the design of the scheme there are no significant issues relating to community safety, flood risk and archaeology.

15.6 The provision of s106 agreement securing contributions and transport measures would render the development acceptable.

Recommendation 1

Subject to recommendation 2, grant conditional planning permission subject to a S106 agreement to secure the heads of terms outlined above.

Summary of the Reasons for Granting Planning Permission :

In deciding to grant planning permission, the Council has had regard to the relevant Policies of the Development Plan and all other relevant material considerations. Having weighed the merits of the proposal in the context of these issues, it is considered that planning permission should be granted subject to the conditions listed below. In reaching this decision the following Local Development Framework Core Strategy 2011 and the Adopted Unitary Development Plan (2007) Policies were relevant:

Core Strategy

• Policy S1 Delivering the Vision and Objectives • Policy S2 Housing • Policy S3 Economic Development • Policy S4 Transport • Policy S6 Flood Risk • Policy S7 Sustainable Design and Construction • Policy S8 Sustainable Waste Management • Policy S9 Quality of the Built Environment • Policy S10 Planning Obligations

Unitary Development Plan (2007)

• Policy 4 Town Centres and Community Regeneration • Policy 7 Protection of Residential Amenity • Policy 9 Transport Impact • Policy 19 Active Frontage Uses • Policy 21 Location and Loss of Offices • Policy 29 The Evening an Late Night Economy, Food and Amusement Centre Uses • Policy 31 Streets, character and layout • Policy 32 Community Safety/Designing Out Crime • Policy 35 Sustainable Design and Construction • Policy 39 Streetscape, Landscape and Public Realm Design • Policy 45 Listed Buildings • Policy 47 Conservation Areas

Recommendation 2

That if the Section 106 Agreement is not signed by the 21 April 2011, the Head of Development Control is given the authority to refuse the application on the grounds of lack of mitigation for the following reasons:

1) The proposed development, in the absence of a legal agreement to secure a contribution to mitigate the impacts of the development on local libraries, sport and leisure, parks and open spaces, revenue contributions and through the failure to provide local training for construction and general employment and training opportunities would be contrary to Policy S1 (Planning Obligations) of the Core Strategy (2011) and the adopted Supplementary Planning Document titled Section 106 Planning Obligations (July 2008).

2) The proposed development, in the absence of a legal agreement to secure the charge payable for monitoring the s106 agreement and travel plan would be contrary to Policy S1 (Planning Obligations) of the Core Strategy (2011) and the adopted Supplementary Planning Document titled Section 106 Planning Obligations.

3) The proposed development, in the absence of a legal agreement to secure a Section 278 Agreement would fail to sufficiently address transport issues and would therefore be contrary to Policies saved UDP Policy 9 and Policy S4 and S10 of the Core Strategy (2011) and Lambeth’s S106 Planning Obligations Supplementary Planning Document (2008).

Recommendation

1 The development to which this permission relates must be begun not later than the expiration of three years beginning from the date of this decision notice.

Reason: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 and Section 51 of the Planning and Compulsory Purchase Act 2004.

2 The development hereby permitted shall be carried out in accordance with the approved plans listed in this decision notice.

Reason: To ensure that the development is implemented in accordance with the approved plans.

3 Notwithstanding the approved plans, samples, schedule of all external materials (where applicable) and detailed plans to be used in the development, hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before any building work commences and this condition shall apply notwithstanding any indications as to these matters which have been given in the application. The development shall thereafter be carried out solely in accordance with the approved details.

In particular the following details must be submitted:

1. Details of new stairs (east elevation) 2. Details of deck (west elevation) 3. Details of all external flue systems 4. Details of Photovoltaic cells 5. Details of two storey projecting bay to Canterbury Court 6. Typical window details at scale 1:10 7. Typical door details at scale 1:20 8. Details of street furniture and lighting (to be approved in conjunction with Transport for London) 9. Details regarding proposed obelisk

Reason: To safeguard and enhance the visual amenities of the site and its surroundings along with the character and appearance of the adjacent Conservation Area and protect neighbouring amenity in accordance with policies 31, 36, 39 and 47 of the adopted Unitary Development Plan (2007) and policy S9 of the Core strategy (2011)

4 Prior to the commencement of building works, full details of internal and external plant, equipment, and trunking, including building services plant, ventilation and filtration equipment, and exhaust ducting / ventilation, shall be submitted to, and approved in writing by, the local planning authority. All flues, ducting and other equipment shall be installed in accordance with the approved details prior to the use commencing on site and shall be retained for the duration of the use.

Reason: To safeguard the amenity of local residents, in accordance with the provisions of Policy 7 of the saved UDP (2007).

5 Noise from any extractor flue, air conditioning units and other mechanical plants or machinery units shall not exceed the background noise level when measured outside the window of the nearest noise sensitive or residential premises (incorporating anti-vibration mount or device; and a silencer to prevent noise nuisance from the extract flue system and/or air conditioning units).

Reason: To safeguard the amenity of local residents, in accordance with the provisions of Policy 7 of the saved UDP (2007).

6 No development shall take place until a crime prevention strategy is submitted to and approved in writing by the Local Planning Authority. The strategy shall demonstrate how the development meets 'Secured by Design' standards and shall include full detailed specifications of the following: Means of enclosure; access, control/management plan; CCTV provision; external lighting provision; specifications of all external door; windows and glazing and benches, seating, obelisk and cycle storage. The approved measures are to be carried out in full and retained thereafter.

Reason: To ensure that satisfactory attention is given to security and community safety (Saved Policy 32 of the adopted UDP (2007) refers).

7 Notwithstanding the information shown on the submitted drawings, detailed drawings and/or supporting information showing the following elements should be submitted to and approved in writing by the Local Planning Authority and the details so approved shall be implemented before first occupation of the development and shall thereafter be retained.

(i) Details of the provision to be made for cycle parking (to include manufacturer’s specifications).

(ii) Details of the siting and means of enclosure to house each of the refuse and recycling storage bins.

Reason: To ensure that adequate provision is made for the storage of refuse and the provision of recycling facilities on the site, in the interests of the amenities of the area and to ensure adequate cycle parking is available on site and to promote sustainable modes of transport in accordance with Policies 9 and 35 of the saved Unitary Development Plan (2007) and policies S8 and S9 of the core strategy (2011)

8 Details of a waste management plan, incorporating provision for refuse storage and recycling facilities on the site shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development hereby permitted. The refuse storage and recycling facilities shall be provided in accordance with the approved details prior to commencement of the use and shall thereafter be retained as such for the duration of the permitted use.

Reason: To ensure that adequate provision is made for the storage of refuse and the provision of recycling facilities on the site, in the interests of the amenities of the area. (Policies 9 and 35 of the saved Unitary Development Plan (2007) and policies S8 and S9 of the core strategy (2011)

9 No rigid vehicles greater in size than 12m shall visit the site at anytime.

Reason: To ensure that the development does not prejudice the free flow of traffic and highway and pedestrian safety. (Policy 9 of the saved Unitary Development Plan (2007) and Policy S4 of the Core Strategy (2011)

10 No part of the building hereby permitted shall be occupied or used until a strategy for the management of deliveries and servicing has been submitted to and approved in writing by the local planning authority. Deliveries and servicing shall thereafter be carried out solely in accordance with the approved details.

Reason: To avoid hazard and obstruction being caused to users of the public highway (Saved Policy 9 of the UDP and Policy S4 of the Core Strategy (2011) refers)

11 A Travel Plan, including details of a scheme of ongoing analysis, review and amendment, shall be submitted to and approved in writing by the Local Planning Authority prior to the use hereby permitted commencing. The measures approved in the Travel Plan shall be implemented prior to the use hereby permitted commencing and shall be so maintained for the duration of the use, unless the prior written approval of the Local Planning Authority is obtained to any variation.

Reason: In order to comply with the objectives of national and local planning policies which promote sustainable development with regard to transport (Saved Policy 9 of the UDP and Policy S4 of the Core Strategy (2011) refers)

12 Any gates hereby permitted shall not open out over the public highway at any time.

Reason: To ensure that the development does not prejudice the free flow of traffic and highway and pedestrian safety. (Policy 9 of the saved Unitary Development Plan (2007) and Policy S4 of the Core Strategy (2011)

13 Prior to the first occupation of the proposed development full details of a car park management strategy to include means of control of access to the site, parking control within the site, and details of how measures would restrict the use of car parking spaces to staff use only etc shall be submitted to and approved in writing by the Local Planning Authority and the car park management strategy is to be implemented prior to first occupation and maintained thereafter in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To manage parking for the safety of highway users. (Policies 9 and 31 of the saved Unitary Development Plan (2007) and Policy S4 of the Core Strategy (2011)refer).

14 The scheme for parking, garaging, manoeuvring, and the loading and unloading of vehicles shown on the submitted plans shall be laid out in accordance with the approved details prior to the initial occupation of the development hereby permitted and that area shall not thereafter be used for any other purpose, or obstructed in any way. Reason: To enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction and inconvenience to users of the adjoining highway. (Policies 9 and 31 of the saved Unitary Development Plan (2007) and Policy S4 of the Core Strategy (2011)refer).

15 No loading or unloading of goods, including fuel, by vehicles arriving at or departing from the premises shall be carried out other than within the curtilage of the premises/site. Reason: To avoid obstruction of the surrounding streets and to safeguard the amenities of adjoining properties. (Policies 7, 9 and 31 of the saved Unitary Development Plan (2007) and Policy S4 of the Core Strategy (2011) refer).

16 No development shall take place until a Method of Construction Statement has been submitted to and approved in writing by the Local Planning Authority and construction works, including parking, deliveries and storage, shall take place solely in accordance with the approved details.

Reason: To avoid hazard and obstruction being caused to users of the public highway and in the interest of public safety. (Policies 9 and 31 of the saved Unitary Development Plan (2007) and Policy S4 of the Core Strategy (2011) refer).

17 Within 6 months of the new accesses being brought into use (or in any event prior to first occupation of the buildings) all other existing access points not incorporated in the development hereby permitted shall be stopped up by raising the existing dropped kerbs and reinstating the footway and highway boundary to the same line, level and detail as the adjoining footway and highway boundary unless otherwise agreed in writing by the local planning authority.

Reason: To limit the number of access points along the site boundary for the safety and convenience of the highway users. (Policies 9 and 31 of the saved Unitary Development Plan (2007) and Policy S4 of the Core Strategy (2011) refer).

18 The opening hours of the premises shall not exceed the following: B1 Use Class : 7.00am to 9.00pm Monday to Sunday and Public Holidays and A1, A2 and A3 Use Class : 6am to 10pm Monday to Sunday and Public Holidays.

Reason: In order to protect the residential amenity of the locality in accordance with saved Policy 7 of the Unitary Development Plan (2007).

19 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (as amended) no more than 929 sqm (gross) of the premises shall be used for A1 Use Class Convenience (Food store) use.

Reason: To protect the retail function of surrounding shopping centre’s and maintain the functioning of the local highway network (Polices S3, PN10 and PN7 of the Core Strategy (2011), Policy 9 of the saved unitary development plan (2007) and PPS 4) refer.

20 No more than 2 in 5 of the units shall be in use as A3 Use Class (Restaurants) as specified in the Schedule to the Town and Country Planning (Use Classes) Order 2006

Reason: To safeguard the amenity of adjoining properties. (Policies 7 and 29 of the saved Unitary Development Plan (2007) refer).

21 The A1, A2, A3 and D2 Use Class accommodation hereby approved shall not be occupied until the B1 Use Class accommodation has been completed and made available for occupation, to the Local Planning Authority's satisfaction.

Reason: The development would not otherwise comply with the Local Planning Authority's employment policies. (Policy S3 and PN7 of Core Strategy (2011)

22 The premises shall be used only as a gymnasium and for no other purpose whether or not within the D2 Use Class, as specified in the schedule in the Town and Country Planning (Use Classes) Order 2006, or in any provision revoking or re-enacting that order.

Reason: to safeguard the amenity of nearby residential occupiers (Saved UDP policy 7 refers)

23 Prior to the commencement of the development hereby permitted detailed drawings, samples and/or a specification of all finishing materials to be used in any hardsurfacing of the car parking area, public square and the treatment of all other parts of the site not covered by the new buildings including external lighting shall be submitted to and approved in writing by the Local Planning Authority. All hard-surfacing on the site and installation of any lighting and other external fittings shall thereafter be carried out solely in accordance with the approved details.

Reason: To safeguard and enhance the visual amenities of the site and its surroundings along with the character and appearance of the adjacent Conservation Area and protect neighbouring amenity in accordance with policies 31, 36, 39 and 47 of the adopted Unitary Development Plan (2007) and policy S9 of the Core strategy (2011)

24 No works or development shall take place until a landscaping scheme including a specification of any new tree, hedge and shrub planting has been approved in writing by the Local Planning Authority. This specification will include details of the quantity, size, species, position and the proposed time of planting of all trees/shrub/hedge to be planted, together with an indication of how they integrate with the proposal in the long term with regard to their mature size and anticipated routine maintenance. All tree, shrub and hedge planting included within that specification shall be carried out in accordance with that specification and in accordance with BS 3936 (1992).

Reason: To safeguard and enhance the visual amenities of the site and its surroundings along with the character and appearance of the adjacent Conservation Area and protect neighbouring amenity in accordance with policies 31, 36, 39 and 47 of the adopted Unitary Development Plan (2007) and policy S9 of the Core strategy (2011)

25 If within a period of 5 years from the date of planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted, destroyed or dies, (or becomes in the opinion of the Local Planning Authority seriously damaged or defective), another tree of the same species and size as originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variations.

Reason: To safeguard and enhance the visual amenities of the site and its surroundings along with the character and appearance of the adjacent Conservation Area and protect neighbouring amenity in accordance with policies 31, 36, 39 and 47 of the adopted Unitary Development Plan (2007) and policy S9 of the Core strategy (2011)

26 Details of the siting and design of all gated, railing and walls including all boundary treatments shall be submitted to and approved by the Local Planning Authority in writing prior to the commencement of development agreed in writing by the local planning authority. Such boundary treatment as may be approved shall be erected before the initial occupation of the buildings unless the prior written approval of the Local Planning authority to any variation has been obtained.

Reason: To ensure a satisfactory resultant appearance and standard of amenity of the site. (Policies 31, 33, 39 and 47 of the Unitary Development Plan (2007).)

27 The flat roof to the extensions shall not be used for any purpose other than as a means of escape in emergency or for maintenance of the building.

Reason: To safeguard the amenities of the adjoining premises and the area generally. (Policy 7 and 36 of the saved Unitary Development Plan (2007)).

28 Adequate precautions shall be taken during the construction period to prevent the deposit of mud and similar debris on the adjacent public highways in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the relevant part of development commencing.

Reason: To minimise danger and inconvenience to highway users. (Policy 9 of the saved Unitary Development Plan (2007))

29 Prior to the commencement of any works on site, a watching brief together with Potential Mitigation Measures shall be submitted to and approved in writing by the Local Planning Authority. Where necessary full details of measures necessary for the protection of habitats or species should be included and particular attention should be paid to habitats identified in national, regional or local Biodiversity Action Plans. Any works involving trees (e.g. felling or pruning) should take place outside the normal bird nesting season, and all trees must be thoroughly checked before works commence. The development shall not proceed other than in accordance with the terms of the approved brief.

Reason: To safeguard the nature conservation and biodiversity of the site (Policy 3D. 14 of the London Plan 2008).

30 The development hereby permitted shall be carried out in accordance with the approved plans listed in this notice.

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

31 The renewable energy technologies detailed in the approved document (Kennington Park Business Centre Sustainability and Energy Statement) shall be incorporated into the development to provide a minimum of 15% reduction of CO² emissions for Chester House and Chichester House and 6% reduction of CO² emissions for Canterbury Court and shall thereafter be maintained.

Reason: In the interests of sustainable development (Policy 4A.4, 4A.7 of the London Plan and Policy 34 of the Unitary Development Plan (2007), core strategy policy S7 and the Council's adopted Supplementary Planning Document for Sustainable Design and Construction 2007).

32 Within one month of completion of the development a post construction review shall be carried out to establish that the areas subject to a change of use and extensions have achieved a ‘Very Good’ BREEAM rating and the post construction review report shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development.

Reason: In the interests of securing a sustainable development (Policy 34 of the Unitary Development Plan (2007), core strategy policy S7 and the Council's adopted Supplementary Planning Document for Sustainable Design and Construction 2007).

33 None of the roofs shall not be used for any purpose other than as a means of escape in emergency or for maintenance of the building

Reason: To safeguard the amenities of the adjoining premises and the area generally. (Policy 7, 33 and 36 of the saved Unitary Development Plan (2007)).

Informatives

1 This decision letter does not convey an approval or consent which may be required under any enactment, by-law, order or regulation, other than Section 57 of the Town and Country Planning Act 1990.

2 Your attention is drawn to the provisions of the Building Regulations, and related legislation, which must be complied with to the satisfaction of the Council's Building Control Officer.

3 Your attention is drawn to the need to comply with the requirements of the Control of Pollution Act 1974 concerning construction site noise and in this respect you are advised to contact the Council's Environmental Health Division.

4 You are advised of the necessity to consult the Council's Street Care team within the Public Protection Division with regard to the provision of refuse storage and collection facilities.

5 The Olympic Route Network (ORN) and Paralympic Route Network (PRN) will operate during the Olympic and Paralympic Games period between June and September 2012 and Camberwell New Road currently forms a part of this. During this period, there will be an impact on construction works, utility works and highway licensed activities (for example, skips and building materials) if they affect the roads designated as a part of the ORN/PRN and some of the surrounding streets. Other routes might also be affected and will also be required to be clear of any kinds of obstruction. These are not yet finalised, but will be advised as further information becomes available. Given this, highway works and licences could therefore be affected on occasions during the Games period. Requests to utility

providers to provide any additional water, gas, electricity or telecommunications connections should also be made sufficiently well in advance of this period.

This note is for information only and is provided without prejudice to the legal rights of the ODA or any other relevant authority whether under the London Olympic Games and Paralympic Games Act 2006, planning, traffic or highway legislation or otherwise. Further information and the latest news on the ORN and PRN can be found on the London 2012 website at http://www.london2012.com/olympic-route- network/home.html.

6 You are advised of the necessity to consult the Council’s Highways team prior to the commencement of construction on 020 7926 9000 in order to obtain necessary approvals and licences prior to undertaking any works within the Public Highway including Scaffolding, Temporary/Permanent Crossovers, Oversailing/Undersailing of the Highway, Drainage/Sewer Connections, Hoarding, Excavations (including adjacent to the highway such as basements, etc), Temporary Full/Part Road Closures, Craneage Licences etc.

7 It is current Council policy for the Council's contractor to construct new vehicular accesses and to reinstate the footway across redundant accesses. The developer is to contact the Council's Highways team on 020 7926 9000, prior to the commencement of construction, to arrange for any such work to be done. If the developer wishes to undertake this work the Council will require a deposit and the developer will need to cover all the Council's costs (including supervision of the works). If the works are of a significant nature, a Section 278 Agreement (Highways Act 1980) will be required and the works must be carried out to the Council's specification

8 You are advised of the necessity to consult Transport for London's steward, Mouchel Parkman, on 020 7358 2600 prior to the commencement of construction in order to obtain necessary approvals and licences prior to undertaking any works within the public highway including scaffolding, temporary/permanent crossovers, oversailing/undersailing of the highway, drainage/sewer connections, hoarding, excavations (including adjacent to the highway such as basements, etc), temporary full/part road closures, craneage licences etc.

9 Your attention is drawn to condition 7 of this planning consent. The Councils Crime Prevention Design adviser has advised that the following points are considered:

Access control / management and plan be provided by the applicant prior to completion of the scheme. This should mitigate potential crime risks and the needs of differing planning uses on the site.

Physical security measures incorporated comply with relevant Secured by Design minimum standards.

External lighting of communal space, cycle and car parking should be designed to comply with BS 5489 with a minimum uniformity of 25% and colour rendition of 60.

Trees, Lighting and CCTV provision be design to compliment each other.

a. If new lighting columns are required in the associated public realm improvements, consideration is given to the installation of columns (in specified areas) that can house mobile CCTV units. This may be suitable for condition or sec 106.

b. Internal CCTV provision should be a monitored digital system capable of providing “identification” value images at defined pinch points and are suitable for criminal justice use as defined in the HOSBD guidelines.

Details of the gates access control and locking systems to be supplied to assess that they do encourage climbing and are fit for purpose.

Details of benches, seating, cycle stands and proposed public art to be supplied for agreement prior to fitting.

Landscaping arrangements are such that encourage good natural surveillance and discourage large groups of youth gathering in unsupervised public space. It is also important to reduce footpath clutter (where possible) in areas that are being redesigned.

To discuss the requirements of this condition please contact the Council's Crime Prevention Officer: -

Pc Ann Burroughs. Crime Prevention Design Advisor. London Borough of Lambeth. Community Safety Unit. 205 Road. Brixton. SW9 9SL. Phone: 020 7926 2840 email: [email protected]

8 The applicant is advised that the development would have to meet Part M of the Building Regulations, which deals with aspects of the Disability and Discrimination Act 2005 (DDA) including width of doors and corridors, level thresholds, toilet facilities, stairs etc.