Please Note – Venue Is Barnet House

MEETING PLANNING AND ENVIRONMENT COMMITTEE

DATE AND TIME WEDNESDAY 11 FEBRUARY 2009 AT 7PM

VENUE BARNET HOUSE, 1255 HIGH ROAD, WHETSTONE N20 0EJ

Please note – venue is Barnet House

TO: MEMBERS OF THE PLANNING AND ENVIRONMENT COMMITTEE (Quorum: 3)

Chairman: Councillor Eva Greenspan Vice-Chairman: Councillor Maureen Braun

Councillors: Anita Campbell Jack Cohen Claire Farrier Caroline Margo Wendy Prentice Hugh Rayner Andreas Tambourides Jim Tierney

Substitutes: Jeremy Davies Andrew McNeil Jazmin Naghar Sachin Rajput Barry Rawlings Joan Scannell Agnes Slocombe Joanna Tambourides Daniel Thomas Richard Weider

You are requested to attend the above meeting for which an Agenda is attached.

Janet Rawlings, Democratic Services Manager

Democratic Services contact: Jonathan Regal, telephone: 020 8359 2012.

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CORPORATE GOVERNANCE DIRECTORATE

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FACILITIES FOR PEOPLE WITH DISABILITIES The Town Hall has access for wheelchair users including lifts and toilets. If you wish to let us know in advance that you will be attending the meeting, please telephone Jonathan Regal on 020 8359 2012. People with hearing difficulties who have a text phone, may telephone our minicom number on 020 8203 8942. All our Committee Rooms also have induction loops.

Barnet House, 1255 High Road, Whetstone N20 0EJ ORDER OF BUSINESS

Item Title of Report Contributors Page No. Nos.

1 MINUTES - -

2 ABSENCE OF MEMBERS - -

3 PUBLIC SPEAKING ARRANGEMENTS - -

4 PUBLIC QUESTION TIME - -

5 DECLARATION OF MEMBERS' PERSONAL AND - - PREJUDICIAL INTERESTS

6 ACKNOWLEDGEMENT OF PETITIONS - -

7 MEMBERS’ ITEMS - -

8 Applications for Planning Permission and Consent HPDM 1 – 119

9 ANY OTHER ITEMS THAT THE CHAIRMAN DECIDES ARE URGENT

Fire/Emergency Evacuation Procedure

If the fire alarm sounds continuously, or if you are instructed to do so, you must leave the building by the nearest available exit. You will be directed to the nearest exit by Committee staff or by uniformed porters. It is vital you follow their instructions.

You should proceed calmly; do not run and do not use the lift. Do not stop to collect personal belongings. Once you are outside, please do not wait immediately next to the building, but move some distance away and await further instructions. Do not re-enter the building until told to do so.

LONDON BOROUGH OF BARNET

PLANNING AND ENVIRONMENT COMMITTEE

11 FEBRUARY 2009

ITEM 8

REPORT OF THE HEAD OF PLANNING AND DEVELOPMENT MANAGEMENT

BACKGROUND PAPERS – GENERAL STATEMENT The background papers to the reports contained in the agenda items which follow comprise the application and relevant planning history files, which may be identified by their reference numbers, and other documents where they are specified as a background paper in individual reports. These files and documents may be inspected at:

Building 4, North London Business Park Oakleigh Road South New Southgate London N11 1NP

Contact Officer: Mrs V Bell, 020 8359 4672

1 PLANNING AND ENVIRONMENT COMMITTEE

DATE: 11 February 2009

INDEX TO THE REPORT OF THE HEAD OF PLANNING AND DEVELOPMENT MANAGEMENT

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B/00047/09 Coppetts 5

85 Colney Hatch Lane, London N10

Multi-storey rear extension with raising the floor levels and new rear access to first floor.

APPROVE SUBJECT TO CONDITIONS

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B/00015/09 Coppetts 9

Friary House, Friary Park, Friary Road, London N12

Change of use of the first floor of the building to a B1 Metropolitan Police Safer Neighbourhood Unit.

APPROVE SUBJECT TO CONDITIONS

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B/04621/08 Coppetts 14

3 Lyndhurst Avenue, London N12

Change of use from book store to community use with ancillary residential use. Alterations to include replacement windows and doors including garage door with new UPVC windows and doors.

APPROVE SUBJECT TO CONDITIONS

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B/00066/09 East Barnet 21

Land rear of Alexandra Public House, Victoria Road, Barnet EN4

Erection of a three storey building with basement car parking comprising class B2 – MOT and Repair Garage on ground floor. Class B1 – Offices and Light Industry on first and second floors.

APPROVE SUBJECT TO CONDITIONS

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2 No reference no. Edgware 32

Phase 1, Stonegrove and Spur Road Estates, Edgware HA8

Submission of brick samples for Phase 1 of the Stonegrove and Spur Road Estate Regeneration for Members consideration.

APPROVE

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F/04298/08 Finchley Church End 36

185-189 Great North Way, London NW4

Demolition of existing buildings and erection of three storey building containing 14 residential units. Associated works including the provision of car parking, cycle parking and landscaping.

APPROVE SUBJECT TO CONDITIONS

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H/04296/08 Mill Hill 48

Hartley Hall and Broadway Service Station, Flower Lane, London NW7

Demolition of existing buildings and erection of part 2, part 3, part 4, part 5 storey building comprising 1907m² of office floor space (B1), 775m² of community hall and ancillary community facilities (sui generis), 28 residential flats (Class C3), basement car parking, surface car parking, associated landscaping and cycle parking. Erection of small store to rear of church.

APPROVE SUBJECT TO CONDITIONS

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H/04300/08 Mill Hill 66

Bedford House Nursing Home, Hammers Lane, London NW7

Demolition of existing buildings and erection of 8 residential buildings of part 2, part 3 and part 4 floors with accommodation at roof level, comprising 38 flats (Class C3) set within landscaped grounds and associated basement car park.

APPROVE SUBJECT TO CONDITIONS

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3 H/04864/08 Mill Hill 87

15 Holmdene Avenue, London NW7

Erection of a two storey five bedroom detached residential dwelling with integral garage plus basement and rooms in roofspace. Associated landscaping and boundary wall and gates to front. All following demolition of existing dwelling.

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B/04944/08 Oakleigh 94

The Cedars Nursing Home, 12 Richmond Road, Barnet EN5

Two storey rear extension, ground floor and first floor front extensions, in association with internal alterations to provide 6 additional bedrooms, 9 rebuilt bedrooms and two lounges, with the capacity of the extended care home increasing from 45 bedspaces to 50 bedspaces.

APPROVE SUBJECT TO CONDITIONS

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B/04812/08 Oakleigh 103

Land adjacent to Flat 26 The Grange, Grange View Road, London N20

Erection of a new bungalow and provision of 1 additional parking space for the site (Amended description).

APPROVE SUBJECT TO CONDITIONS

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H/00030/08/CAN Adjoining Borough application 111

Land at junction of Edgware Road, Capitol Way, London NW9

Demolition of existing units and erection of 5 replacement 6 storey, 8 storey and 19 storey buildings, comprising 462 self-contained flats, 6, 191m2 of retail (Use Class A1), 1,125m2 of mixed uses (Use Classess A1 & B1) a 706m2 community/health centre (use Class D1), 97m2 of creche facilities (Use Class D1), 278 residential car-parking spaces, 500 residential cycle- parking spaces, 80 commercial car-parking and cycle-parking spaces, bin stores and associated landscaping, with access from Capitol Way, NW9 and Plaza Walk NW9.

NO OBJECTION RAISED IN PRINCIPLE

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4 LOCATION: 85 Colney Hatch Lane, London N10

REFERENCE: B/00047/09 Received: 07 January 2009 Accepted: 07 January 2009

WARD: Coppetts Expiry: 04 March 2009

APPLICANT: Mr K Teoh

PROPOSAL: Multi-storey rear extension with raising the floor levels and new rear access to first floor.

RECOMMENDATION:

APPROVE SUBJECT TO CONDITIONS

1 This development must begin within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

2 The materials to be used in the external surfaces of the building(s) shall match those used in the existing building(s) unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the visual amenities of the building and the surrounding area.

3 The roof of the extension hereby permitted shall only be used in connection with the repair and maintenance of the building and shall at no time be converted to or used as a balcony, roof garden or similar amenity or sitting out area, without the benefit of the grant of further specific permission in writing from the Local Planning Authority.

Reason: To ensure that the amenities of the occupiers of adjoining properties are not prejudiced by overlooking.

INFORMATIVE(S):

1 The plans accompanying this application are: KD/PP/037/08/C 98 R2 (date received 07.1.09).

5 ii) The proposal is acceptable for the following reason(s): The proposed development is considered to have an acceptable impact on the character and appearance of the host property and general locality. It is not considered to have a harmful impact on the residential and visual amenities of neighbouring occupiers and is in accordance with the aforementioned policies.

3 This application does not include any proposed changes to the siting, size and design of the existing flue and ventilation equipment. Any changes to the siting, design and size of the flue and ventilation equipment will require full planning permission and a separate planning application.

1. MATERIAL CONSIDERATIONS

Relevant Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GBEnv1, D1, D2, D5, D7 and H27.

Relevant Planning History B/03500/08 – Multi-storey rear extension with raising the floor levels and new rear access to first floor – withdrawn 4.12.08.

Consultations and views expressed Neighbours Consulted: 56 Replies: 0 (none at the time of writing the report) Neighbours Wishing To Speak 0

Date of Site Notice 15.1.09.

2. PLANNING APPRAISAL

Site Description and Surroundings The application site relates to a four storey terraced property situated to the south west of Colney Hatch Lane, a busy classified road. This road is comprised of a mix of residential and commercial units. Along this particular stretch of Colney Hatch Lane within which the application site forms part of, there is a parade of retail units at ground floor with residential or offices above. Many of these units have extended at the rear to increase the floorspace. The host property has a retail unit at ground floor and one residential unit above. Levels fall from the front to the rear of the site. The level changes mean that the ground floor level to the front of the property is the first floor level to the rear.

Proposal Planning permission is being sought for a multi storey rear extension comprising part single, part two storey rear extension, with raising the floor levels and new rear access to first floor. This current application follows a previous withdrawal for a similar scheme under planning reference B/03500/08. The multi storey rear extension is for three floors; basement, ground and first.

The host property currently has an 'L' shaped projection to the rear, which is similar to others in the immediate locality. It is proposed within this current application, to extend the projection upwards to increase the height from 7m to 8m with a slightly sloping roof. A rear extension is proposed at basement floor level (which cannot be viewed from the front of the site) which would extend some 3m beyond the rear wall of the 'L' shaped projection. This element of the rear extension would be 2.65m high with a flat roof and would be 5.1m wide, the full width of the site.

6 The existing ventilation equipment, which includes a number of flues would be removed and replaced with a first floor rear extension to the side of the projection. It would be 2m wide, extending up to the boundary with adjoining property 87 Colney Hatch Lane. It would be 2.4m high with a flat roof. This application does not include any reference to the re-siting of the ventilation equipment.

The existing external staircase would be moved and would facilitate access to both the ground and first floors. It would wrap around the projection along the flat roof of the first floor rear extension. A new door will be placed in the side elevation of the projection facing 87.

The floor levels internally would be raised to allow use of the existing basement area which goes largely unused at the moment. As a result of the level changes, the floors are staggered as they project rearwards from the front of the site. The raising of the floor levels would remove the staggered element, ensuring level access internally. In terms of the use of the property, the retail unit will remain on ground floor, with one residential unit above. The room layout of the residential unit will be altered to move the bedrooms to the front of the property, fronting Colney Hatch Lane and the kitchen and dining areas will be sited to the rear.

Planning Considerations The current application is considered to have an acceptable impact on the appearance of the host property. The proposed extensions to the rear are considered to have a positive aesthetic impact on the appearance of the site when viewed from the rear. The ground floor rear extension is not considered to cause harm to the residential amenities of neighbouring occupiers, some of which have gardens at the rear. The extension is not proposed to be any higher than the existing boundary fencing and therefore would not result in loss of light or privacy.

The first floor rear extension is not considered to cause undue harm to the appearance of the site or the general character of the area. Also the neighbouring property 87 has a similar extension and therefore the addition of this extension at this site in this location is not considered to detract from the now established character nor cause harm to the amenities of the neighbouring occupiers at 87.

The raising of the floor levels internally is not considered to have an impact on either amenities of neighbouring occupiers or on the general locality but rather, makes good use of existing floorspace.

The change in the room layout of the residential unit above would not significantly change the current relationship between the residential unit and the retail unit below or the neighbouring residential units.

The amendment to the position and extension of the external staircase is not considered to lead to undue levels of overlooking or loss of privacy given the existing staircase and the retention of the same amount of units as existing. As there is no proposed intensification of the use, the proposed staircase and door is not considered cause harm to amenities of neighbouring occupiers.

As a result of the above and the application's compliance with Council policies and guidance, approval subject to conditions is recommended.

3. EQUALITIES AND DIVERSITY ISSUES

The proposed development shall comply with the relevant section within Building Regulations.

4. COMMENTS ON GROUNDS OF OBJECTIONS

No objections received at the time of writing the report. 7 SITE LOCATION PLAN: 85 Colney Hatch Lane, London N10

REFERENCE: B/00047/09

8 LOCATION: Friary House, Friary Park, Friary Road, London N12

REFERENCE: B/00015/09 Received: 06 January 2009 Accepted: 09 January 2009

WARD: Coppetts Expiry: 06 March 2009

APPLICANT: Metropolitan Police

PROPOSAL: Change of use of the first floor of the building to a Metropolitan Police Safer Neighbourhood Unit (Use Class B1).

RECOMMENDATION

APPROVE SUBJECT TO CONDITIONS

1 This development must begin within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

INFORMATIVE(S):

1 The reasons for this grant of planning permission or other planning related decision are as follows: i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following policies are relevant: Adopted Barnet Unitary Development Plan (2006) – GSD, GMixedUse, GLand, GBEnv1, GBEnv2, GBEnv5, GMOL, GLoc, GParking, GCS1, D2, D7, D8, O1, O6, M14, CS1, CS3, EMP2 and EMP6. ii) The proposal is acceptable for the following reason(s): The proposal would be an appropriate re-use of this part of the building, that would preserve the character of the building and the general locality. The proposal would also have a limited impact on the open character of the Metropolitan Open Land, the amenities of nearby residents and upon highways and pedestrian safety and the free flow of traffic.

2 The plans accompanying this application are: A9704 D035 100 Rev I1, A9704 F035 101 Rev I1, A9704 P035 101 Rev P2, A9704 D035 200 Rev I1.

1. MATERIAL CONSIDERATIONS

National Planning Policy Guidance / Statements PPS1 – Delivering Sustainable Development

The Mayor's London Plan (consolidated with alterations since 2004) Various.

Relevant Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GSD, GMixedUse, GLand, GBEnv1, GBEnv2, GBEnv5, GMOL, GLoc, GParking, GCS1, D2, D7, D8, O1, O6, M14, CS1, CS3, EMP2 and EMP6. 9 Relevant Planning History N13772/03 – Change of use of part of first floor from council offices to Citizens Advice Bureau with remainder of first floor as elderly persons day centre administrative office and London Borough of Barnet Occupational Health Offices – approved 14.10.03.

N13772A/03 – Change of use of part of ground floor from London Borough of Barnet Occupational Health Offices and part of cafe conservatory to Elderly Persons Day Centre / Community Centre – approved 14.10.03.

N13772B/03 – Erection of part glazed walkway at side with ramp. New disabled access ramp for cafe. Revised access to rear car park – approved 14.10.03.

Additional Planning applications with same Location Address None.

Consultations and views expressed Neighbours Consulted: 49 Replies: 1 (At the time of writing report) Neighbours Wishing To Speak 1

The representation received commented that the proposal was a positive benefit to the community, but concern was expressed that if the Safer Neighbourhood Unit were to be disbanded or relocated, then the Council should ensure that the building should continue to be used for the benefit of the community and not as a capital asset.

Internal / other consultations Property Services – None received at time of writing report – comments to be reported verbally at the Committee meeting.

Date of Site Notice 22.1.09.

2. PLANNING APPRAISAL

Site Description and Surroundings Friary House is situated in Friary Park on the western side of Friern Barnet Lane. Friary Park is an area of metropolitan open land located between Friary Road to the north, Torrington Park to the south, Friern Barnet Lane to the east and Friary Way to the west. Vehicular access to Friary House is from Friary Road whilst pedestrian access is available from Friern Barnet Road, Torrington Park and Friary Road.

The application predominantly affects the majority of the first floor of the building. The main part of Friary House is currently vacant, having previously been used as Council offices. However a café operates from the ground floor, which would remain in Friary House.

As can be seen from the planning history, two planning permissions were granted in 2003 for: use of part of the ground floor as an elderly persons day centre/community centre, and the use of parts of the first floor as a Citizens Advice Bureau, administrative offices in relation to the ground floor day centre and Council offices. Neither of these planning permissions have been implemented.

Proposal: The application proposes the use of the first floor of the building as a Metropolitan Police Safer Neighbourhoods Unit. This would be within Class B1 of the Town and Country Planning (Use Classes) Order 1987. No external alterations are proposed. 10 The first floor rooms would be used as offices, locker & changing rooms, toilets, shower room and a tea room.

Planning Considerations The Safer Neighbourhood Unit is one of a local network across the Borough and forms part of a London-wide initiative and a Unit is required within each parliamentary Ward. The Units enable the Metropolitan Police to operate more efficiently as there would no longer be the need to commute from central police stations to the neighbourhoods the Units are directly responsible for.

The Unit is intended to facilitate foot patrols by providing, for example, changing space and office space for administrative tasks such as the drafting of reports.

The proposed Unit at Friary House would accommodate 3 Ward teams with facilities for 18 personnel in total. Due to shift patterns and foot patrols, it is unlikely that the majority of staff would be present at any one time. Due to the nature of policing it is necessary for the Unit to operate 24 hours a day.

Safer Neighbourhood Units are not police stations as they are not used for holding or charging offenders and no patrol cars are stationed at the unit.

The building has previously been used as Council offices, also within Class B1 of the Use Classes Order. Furthermore, there is UDP support for the provision of community facilities and this proposal would provide accommodation for an important community service. Therefore, the proposed use of the first floor is considered acceptable in principle.

The building has previously been used for office purposes, and planning permission has previously been granted, albeit not implemented, for use of parts of the building for a day centre (part of ground floor) and Citizens Advice Bureau (part of first floor), which could have seen more intensive use of the building in terms of visitors and vehicular and general activity than the lawful office use. It is also noted that both the existing and previously approved uses are unfettered in terms of restrictions on operating hours and intensity of use. The application seeks 24-hour operation.

Friary House is located in an isolated position, in excess of 90m from the nearest residential properties. Furthermore, the Unit is not open to the public and moreover, activity would be on foot and not by vehicles. On this basis, it is considered that the proposed use would not result in levels of activity, compared to the existing lawful use, that would be detrimental to the amenities of nearby residents.

The proposed use would also be a form of office use and would also be a community facility. This would be in keeping with the existing character of the building, which, for a considerable period of time, has been used for community purposes and for office use.

Friary Park is Metropolitan Open Land and UDP policies state that alternative uses for buildings therein should not have a materially greater impact than the existing use on the openness of the Metropolitan Open Land or the purposes of including land in it. It is considered that as the proposal would represent a similar use to the lawful use of the building and would not generate significantly greater levels of activity than the existing lawful use. Furthermore, no extensions are proposed to the building and the park is busy in terms of activity. Therefore, it is considered that the proposed use would not materially affect the openness of the Metropolitan Open Land.

11 It is intended that no patrol vehicles would be stationed at the building, with officers arriving and departing on foot. Furthermore, the proposed use would generate an identical car parking requirement to the existing lawful use and therefore it is considered that the proposal would not increase the incidence of on-street parking and would therefore be acceptable in terms of highway and pedestrian safety and the free flow of traffic.

3. EQUALITIES AND DIVERSITY ISSUES

Although the use is not intended to be open to the public, the building itself is open to the public and therefore access would need to be provided in accordance with Part M of the Building Regulations.

4. COMMENTS ON GROUNDS OF OBJECTIONS

The potential future use of the building is not a material planning consideration with this application and would be considered on its own planning merits should a planning application be required.

5. CONCLUSION

The proposal would be an appropriate re-use of this part of the building, that would preserve the character of the building and the general locality. The proposal would also have a limited impact on the open character of the Metropolitan Open Land, the amenities of nearby residents and upon highways and pedestrian safety and the free flow of traffic.

12 SITE LOCATION PLAN: Friary House, Friary Park, Friary Road, London N12

REFERENCE: B/00015/09

13 LOCATION: 3 Lyndhurst Avenue, London N12

REFERENCE: B/04621/08 Received: 02 December 2008 Accepted: 02 December 2008

WARD: Coppetts Expiry: 27 January 2009 Final Revisions:

APPLICANT: Hindu Cultural Society

PROPOSAL: Change of use from book store to community use with ancillary residential use. Alterations to include replacement windows and doors including garage door with new UPVC windows and doors.

RECOMMENDATION

APPROVE SUBJECT TO CONDITIONS

1 This development must begin within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

2 Before development hereby permitted is occupied, turning space and parking spaces shall be provided and marked out within the site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority and that area shall not thereafter be used for any purpose other than the parking and turning of vehicles.

Reason: To ensure that parking and associated works are provided in accordance with the council's standards in the interests of pedestrian and highway safety and the free

3 Before the development hereby permitted commences, details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins or other refuse storage containers where applicable, together with a satisfactory point of collection shall be submitted to and approved in writing by the Local Planning Authority and shall be provided at the site in accordance with the approved details before the development is occupied.

Reason: To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area.

The use hereby permitted shall be carried on only by the Hindu Cultural Society and the use shall be discontinued when the Hindu Cultural Society ceases to occupy the premises.

Reason: To allow the Local Planning Authority to retain effective control over the use in the interests of the amenities of neighbouring residents and traffic conditions on the neighbouring highways.

14 5 Unless otherwise agreed in writing by the Local Planning Authority, the building shall be used only between 8.30am and 11pm on Mondays to Saturdays and 9.30am to 11pm on Sundays except (a) on not more than twelve occasions other than Sundays in any one calendar year when the building shall be used only between 8.30am and 12 midnight and (b) on New Year's Eve / New Year's Day / Diwali and Hindu New Year's Day when the building shall be used only between 8.30 am and 1am the following morning.

Reason: To ensure that the proposed development does not prejudice neighbouring occupiers' enjoyment of their properties.

6 Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced.

Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

7 Before the development hereby permitted commences on site, details of any sound amplification equipment to be installed or operated in connection with the development hereby permitted, shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced.

Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

8 Before development commences, a report should be carried out by a competent acoustic consultant and submitted to the Local Planning Authority for approval, that assesses the likely noise impacts from the development of the ventilation/extraction plant and sound amplification equipment. The report shall also clearly outline mitigation measures for the development to reduce these noise impacts to acceptable levels.

It should include all calculations and baseline data, and be set out so that the Local Planning Authority can fully audit the report and critically analyse the contents and recommendations. The approved measures shall be implemented in their entirety before (any of the units are occupied / the use commences).

Reason: To ensure that the amenities of neighbouring premises are protected from noise from the development.

9 The development shall be constructed / adapted so as to provide sufficient air borne and structure borne sound insulation against internally / externally generated noise and vibration. This sound insulation shall ensure that the levels of noise generated from the (specified use) as measured within habitable rooms of the development shall be no higher than 35dB(A) from 7am to 11pm and 30dB(A) in bedrooms from 11pm to 7am.

15 A scheme for mitigation measures shall be submitted to and approved by the Local Planning Authority prior to development. The approved mitigation scheme shall be implemented in its entirety before the use commences.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of the residential properties.

10 The residential accommodation hereby permitted shall be occupied only by a caretaker employed in connection with the running of the community centre or a dependent of such a person residing with them.

Reason: No amenity space is provided for the unit and planning permission is granted for residential accommodation due to the special circumstances of the case.

INFORMATIVE(S):

1 The reasons for this grant of planning permission or other planning related decision are as follows: i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following policies are relevant: Adopted Barnet Unitary Development Plan (2006) – GSD, GLand, GBEnv1, GBEnv2, GBEnv5, GLoc, GParking, GH2, GCS1, ENV4, ENV12, D1, D2, D7, D8, L2, M11, M12, M14, H2, H16 – H18, H24 and CS1. ii) The proposal is acceptable for the following reason(s): The proposal would be an appropriate re-use of the building and would provide a beneficial community facility, in this area of mixed character and uses. The proposed external alterations would preserve the character and appearance of the building and the general locality. The proposal would not lead to undue noise and disturbance to adjoining occupiers and users. It would not result in conditions prejudicial to highways and pedestrian safety and the free flow of traffic.

2 The plans accompanying this application are: 23794, 083/01, 083/2, 083/3, 083/4, 083/5, 083/6.

1. MATERIAL CONSIDERATIONS

National Planning Policy Guidance / Statements PPS1 – Delivering Sustainable Development

PPG24 – Planning and Noise

The Mayor's London Plan (consolidated with alterations since 2004) Various.

Relevant Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GSD, GLand, GBEnv1, GBEnv2, GBEnv5, GLoc, GParking, GH2, GCS1, ENV4, ENV12, D1, D2, D7, D8, L2, M11, M12, M14, H2, H16 – H18, H24 and CS1.

16 Relevant Planning History None.

Site history for additional landparcel(s) 321 Colney Hatch Lane – Change of use from office to cultural, religious, recreational educational and social centre, with associated car parking – approved 26.11.86.

Consultations and views expressed

Neighbours Consulted: 58 Replies: 1 Neighbours Wishing To Speak 0

The objections raised may be summarised as follows: • The area is already overcrowded; • Noise and pollution levels exceed EC guidelines; • Existing parking situation is a problem – this will only add to the problem as there is no facility for parking; • Proposal states community use, but does not state exactly what it will be used for – music / noise and disturbance / opening hours?

Internal / other consultations Highways – CB, Development Team – No objections on highways grounds.

Date of Site Notice 18.12.08.

2. PLANNING APPRAISAL

Site Description and Surroundings The application building is a detached two storey, L-shaped building located on the north east side of Lyndhurst Avenue. It has previously been used as a book store by the Council, but is currently vacant.

The immediate vicinity of the site has a mixed character. Abutting the building on its north west side are a block of lock-up garages. To the north east is a detached building used for office purposes. Between the building and the boundary with 5 Lyndhurst Avenue is an area of hardstanding. Further to the east is 321 Colney Hatch Lane, a premises, which is used by the applicant as a cultural, religious, recreational, educational and social centre. To the north and north east of the site is Halliwick Court / Parade, a substantial building occupying the corner of Colney Hatch Lane and Woodhouse Road with commercial premises on the ground floor and flats on the upper floors. Further to the south east and opposite the site the properties in Lyndhurst Avenue are single family dwellings.

The various commercial premises around the junctions of Woodhouse Road, Friern Barnet Lane, Friern Barnet Road and Colney Hatch Lane make up the Friern Barnet Local Town Centre.

Proposal It is proposed to change the use of the building from the book store use to a community use for social, cultural and educational purposes by the Hindu Cultural Society. That group also uses 321 Colney Hatch Lane and the proposed uses would be similar to those that take place in that premises.

17 The ground floor of the building would be laid out as two community halls, whilst the first floor would provide 3 meeting rooms and a small, 1-bedroom, self-contained residential unit to be occupied on an ancillary basis to the use of the building as a community facility.

A series of external alterations are also proposed: the main alterations being the replacement of two garage doors with windows and solid panels and replacement of two doors with windows and solid panels. It is also proposed to replace the existing metal windows with uPVC double glazed windows to the same glazing pattern as existing.

Planning Considerations Development Plan policies support the provision of community and religious facilities subject to certain criteria: • Are easily accessible by public transport, walking and cycling; • If in a town centre location, would not be situated within the primary retail frontage; • Would not have a demonstrably harmful impact upon the character of the surrounding area and the amenities of nearby residential properties and other uses; and • Are designed to be accessible to people with disabilities.

The application building is located close to Friern Barnet local town centre, based around the junction of several major roads. A number of bus routes serve the locality, which provide travel opportunities to places such as North Finchley, Mill Hill, Edgware, Whetstone, Barnet, Arnos Grove, Wood Green, Muswell Hill and Highgate. Furthermore, the building is easily accessible on foot and by bicycle.

The site is not in a town centre location, but close to the Friern Barnet local town centre.

Being close to a town centre, the locality is mixed in character with residential, commercial and existing community facilities in close proximity to the building. Therefore, it is considered that both in terms of the appropriacy of the proposed use and in terms of the levels of activity, the proposal would not have a demonstrably harmful impact on the character of the general locality.

In terms of neighbours' amenities, there is an existing facility nearby, operated by the applicant, that has been in existence for approximately 20 years (see planning history for 321 Colney Hatch Lane). This has operated over a considerable period of time and provided similar uses/activities to that being sought in the application building. It appears to have operated and integrated into the locality without resulting in levels of activity, noise and disturbance to adjoining occupiers, that have caused neighbours to complain. Furthermore, the nearest residential properties are: 15m distant albeit at first and second floor level (Halliwick Court), approximately 20m and 23m distant (5 Lyndhurst Avenue and 4 – 14 Lyndhurst Avenue opposite the building, respectively).

It is acknowledged that the proposal would increase levels of activity and the intensity of use of the building. The proposal incorporates the replacement of existing glazing with double-glazed units. Furthermore, conditions are recommended to be imposed requiring details of any sound amplification equipment and ventilation / extraction plant, as well as requiring details of noise mitigation measures to achieve appropriate noise levels at adjoining residential properties. These safeguards are considered to ensure that there would not be harmful levels of activity, noise and disturbance that would be harmful to neighbours' amenities.

It should also be noted that the lawful use of the building is for Use Class B8 (Storage and Distribution Purposes) with no restrictions on operating hours, and were the building to be re- used for this purpose, considerably greater levels of activity, including vehicle loading and unloading, could result that would be harmful to neighbours' amenities.

18 The application building, being a building open to the public would need to be accessible to people with disabilities and the building could be easily adapted to provide the necessary facilities, such as ramped access at the main entrance, ground floor toilets and suitably wide door openings.

Although not marked on the plan, a total of two off-street parking spaces would be maintained at the premises, accessed by the existing vehicle access onto Lyndhurst Avenue. The building is located in close proximity to shopping and public transport facilities, with a number of bus routes passing near the site. In view of these factors, the proposal is considered not to have a detrimental impact on the public highway and is considered acceptable on highways grounds.

The converted building would contain a 1-bedroom residential unit, comprising bedroom, bathroom and living / dining / kitchen area which would be occupied on an ancillary basis to the main community use of the building. The unit would not have its own external entrance door and access to the unit is through the remainder of the building. The proposed unit would have a south easterly aspect which would provide adequate outlook and daylight to the habitable rooms. The windows themselves look towards 5 Lyndhurst Avenue, but are separated from 5's boundary by a distance in excess of UDP standards relating to overlooking. The property does not have any amenity space; however, it is in a town centre location and is not a family unit of accommodation. In view of the nature of the occupancy, this is considered acceptable.

The proposed external alterations would have a limited impact upon the character and appearance of the building, largely maintaining existing openings, apart from the infilling of two garage doors with windows and the infilling of two smaller doors with windows. The proposed replacement, double-glazed windows would be of a similar glazing pattern to the existing.

3. EQUALITIES AND DIVERSITY ISSUES

The application building, being a building open to the public would need to be accessible to people with disabilities and the building could be easily adapted to provide the necessary facilities, such as ramped access at the main entrance, ground floor toilets and suitably wide door openings.

4. COMMENTS ON GROUNDS OF OBJECTIONS

Considered to be addressed in appraisal and by recommended conditions.

5. CONCLUSION

The proposal would be an appropriate re-use of the building and would provide a beneficial community facility, in this area of mixed character and uses. The proposed external alterations would preserve the character and appearance of the building and the general locality. The proposal would not lead to undue noise and disturbance to adjoining occupiers and users. It would not result in conditions prejudicial to highways and pedestrian safety and the free flow of traffic.

19 SITE LOCATION PLAN: 3 Lyndhurst Avenue, London N12

REFERENCE: B/04621/08

20 LOCATION: Land rear of Alexandra Public House, Victoria Road, Barnet EN4

REFERENCE: B/00066/09 Received: 07 January 2009 Accepted: 07 January 2009

WARD: East Barnet Expiry: 04 March 2009

APPLICANT: Mr J O'Reilly

PROPOSAL: Erection of a three storey building with basement car parking comprising class B2 – MOT and Repair Garage on ground floor. Class B1 – Offices and Light Industry on first and second floors.

RECOMMENDATION:

APPROVE SUBJECT TO CONDITIONS

1 This development must begin within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

2 Before the development hereby permitted is occupied the parking spaces/garages shown on Plan A-VR281-01 REVISION A shall be provided and shall not be used for any purpose other than the parking of vehicles in connection with the approved development.

Reason: To ensure that parking is provided in accordance with the Council's standards in the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area.

3 Before this development is commenced, details of the levels of the building(s), road(s) and footpath(s) in relation to adjoining land and highway(s) and any other changes proposed in the levels of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved.

Reason: To ensure that the work is carried out at suitable levels in relation to the highway and adjoining land having regard to drainage, gradient of access and the amenities of adjoining occupiers and the health of any trees on the site.

4 Before the development hereby permitted commences, details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved.

Reason: To safeguard the visual amenities of the locality.

21 5 The ground floor of the building hereby permitted shall be used for MOT and vehicle repair garage and no other purpose (including any other purpose in Class B2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order, with or without modification).

Reason: To enable the Local Planning Authority to exercise control of the type of use within the category in order to safeguard the amenities of the area.

6 The first and second floors of the building hereby permitted shall be used for offices and no other purpose (including any other purpose in Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order, with or without modification).

Reason: To enable the Local Planning Authority to exercise control of the type of use within the category in order to safeguard the amenities of the area.

7 The MOT and repair garage and the offices permitted shall not be open to customers at any time on Sundays, Bank or Public Holidays, before 8am or after 1pm on Saturdays, or before 8am or after 6pm on other days unless previously approved in writing by the Local Planning Authority.

Reason: To safeguard the amenities of occupiers of adjoining residential properties.

8 No deliveries shall be taken at or dispatched from the site on any Sunday, Bank or Public Holiday or before 8am or after 1pm on Saturdays, or before 8am or after 6pm on other days unless previously approved in writing by the Local Planning Authority.

Reason: To prevent the use causing an undue disturbance to occupiers of adjoining residential properties at unsocial hours of the day.

9 Before the development hereby permitted is brought into use or occupied the site shall be enclosed except at the permitted points of access in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the appearance of the locality and / or the amenities of occupiers of adjoining residential properties and to confine access to the permitted points in the interest of the flow of traffic and conditions of general safety on the adjoining highway.

10 Before the development hereby permitted commences, details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins or other refuse storage containers where applicable, together with a satisfactory point of collection shall be submitted to and approved in writing by the Local Planning Authority and shall be provided at the site in accordance with the approved details before the development is occupied.

22 Reason: To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area.

11 Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order), the following operation(s) shall not be undertaken without the prior specific permission of the Local Planning Authority:

The insertion of additional windows in any elevation of the building hereby permitted.

Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties.

12 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8am or after 1pm on Saturdays, or before 8am or after 6pm on other days unless previously approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties.

13 Part 1 Before development commences other than for investigative work: • A desktop study shall be carried out which shall include the identification of previous uses, potential contaminants that might be expected, given those uses, and other relevant information. Using this information, a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors shall be produced. The desktop study and Conceptual Model shall be submitted to the Local Planning Authority. If the desktop study and Conceptual Model indicate no risk of harm, development shall not commence until approved in writing by the Local Planning Authority. • If the desktop study and Conceptual Model indicate any risk of harm, a site investigation shall be designed for the site using information obtained from the desktop study and Conceptual Model. This shall be submitted to, and approved in writing by, the Local Planning Authority prior to that investigation being carried out on site. The investigation must be comprehensive enough to enable: − a risk assessment to be undertaken, − refinement of the Conceptual Model, and − the development of a Method Statement detailing the remediation requirements.

The risk assessment and refined Conceptual Model shall be submitted, along with the site investigation report, to the Local Planning Authority.

• If the risk assessment and refined Conceptual Model indicate any risk of harm, a Method Statement detailing the remediation requirements, using the information obtained from the site investigation, and also detailing any post remedial monitoring shall be submitted to, and approved in writing by, the Local Planning Authority prior to that remediation being carried out on site.

23 Part 2 Where remediation of contamination on the site is required completion of the remediation detailed in the method statement shall be carried out and a report that provides verification that the required works have been carried out, shall be submitted to, and approved in writing by the Local Planning Authority before the development is occupied.

Reason: To ensure the development can be implemented and occupied with adequate regard for environmental and public safety.

14 No machinery shall be operated on the premises at any time on Sundays, Bank or Public Holidays, before 8am or after 1pm on Saturdays, or before 8am or after 6pm on other days unless previously approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties.

15 Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced.

Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

16 A noise assessment, by an approved acoustic consultant, shall be carried out in accordance with Planning Policy Guidance Notes 24 on the development that assesses the likely impacts of noise on the development. This report and any measure to be implemented by the developer to address its findings shall be submitted in writing for the approval of the Local Planning Authority before the development commences. The approved measures shall be implemented in their entirety before the use commences).

Reason: To ensure that the amenities of occupiers are not prejudiced by mixed use noise resulting from the development in the immediate surroundings.

17 The level of noise emitted from any plant or machinery shall be at least 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room of any neighbouring property which existed at the time of this decision notice.

If the noise emitted has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and / or distinct impulse (bangs, clicks, clatters, thumps), then it shall be at least 10dB(A) below the background level, as measured from any point 1 metre outside the window of any room of any existing neighbouring property at the time of this decision notice.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of neighbouring properties.

24 18 Before development commences, a report should be carried out by a competent acoustic consultant and submitted to the Local Planning Authority for approval, that assesses the likely noise impacts from the development of the ventilation / extraction plant. The report shall also clearly outline mitigation measures for the development to reduce these noise impacts to acceptable levels.

Reason: To ensure that the amenities of neighbouring premises are protected from noise from the development.

19 The development shall be constructed / adapted so as to provide sufficient air borne and structure borne sound insulation against internally / externally generated noise and vibration. This sound insulation shall ensure that the levels of noise generated from the approved used as measured within habitable rooms of the nearby residential properties shall be no higher than 35dB(A) from 7am to 11pm and 30dB(A) in bedrooms from 11pm to 7am.

A scheme for mitigation measures shall be submitted to and approved by the Local Planning Authority prior to development. The approved mitigation scheme shall be implemented in its entirety before the use commences.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of the residential properties.

20 The non-residential development is required to meet the following generic environmental standard (BREEAM) and at a level specified at Section 6.11 of the adopted Sustainable Design and Construction Supplementary Planning Document (June 2007). Before the development is first occupied the developer shall submit certification of the selected generic environmental standard.

Reason: To ensure that the development is sustainable and complies with Strategic and Local Policies.

21 No development shall take place until details of the arrangements to meet the obligation for libraries and monitoring contributions in accordance with the relevant Supplementary Planning Documents have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the proper planning of the area and to comply with policies L5, CS2, CS8, IMP1 and IMP2 of the adopted Unitary Development Plan and the adopted Supplementary Planning Documents on Education Facilities, Library Facilities and Planning Obligations.

25 INFORMATIVE(S):

1 The reasons for this grant of planning permission or other planning related decision are as follows: i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following policies are relevant: Adopted Barnet Unitary Development Plan (2006) – GSD, GMixedUse, GEnergyEfficiency, GLand, GBEnv1, GBEnv2, GBEnv5, GLoc, GParking, GCS1, GEMP2, GEMP3, ENV2, ENV4, ENV7, ENV12, ENV14, D1 – D5, D7, D8, L5, M1, M2, M5, M6, M8, M11 – M14, CS2, EMP3, EMP5, EMP6, EMP8, IMP1 and IMP2. ii) The proposal is acceptable for the following reason(s): The proposal is considered to be an appropriate re-use of this site. It proposes an appropriate mix of uses that would provide employment opportunities and would be consistent with the character of the area. The building itself would not be detrimental to the character and appearance of the street scene and the general locality. It would not cause harm to the residential and visual amenities of adjoining occupiers / users. It would not result in conditions prejudicial to highways and pedestrian safety and the free flow of traffic.

2 The plans accompanying this application are: A-VR281-01 REVISION A, A-VR281-02 REVISION A, A-VR281-03 REVISIONA, Design and Access Statement.

3 Any new or amended crossovers will be subject to detailed survey by the Crossover Team in Highways Group as part of the application for crossover under the Highways Act 1980 and would be carried out at the applicant's expense. An estimate for this work could be obtained from London Borough of Barnet, Highways Group, NLBP, Building 4, 2nd Floor, Oakleigh Road South, London N11 1NP.

1. MATERIAL CONSIDERATIONS

National Planning Policy Guidance / Statements PPS1 – Delivering Sustainable Development

PPG4 – Industrial and Commercial Development and Small Firms

PPG13 – Transport

PPG24 – Planning and Noise

The Mayor's London Plan (consolidated with alterations since 2004) Various.

Relevant Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GSD, GMixedUse, GEnergyEfficiency, GLand, GBEnv1, GBEnv2, GBEnv5, GLoc, GParking, GCS1, GEMP2, GEMP3, ENV2, ENV4, ENV7, ENV12, ENV14, D1 – D5, D7, D8, L5, M1, M2, M5, M6, M8, M11 – M14, CS2, EMP3, EMP5, EMP6, EMP8, IMP1 and IMP2.

26 Relevant Planning History B/00602/08 – Erection of 3 storey building with ground floor B1 use, four 2 bed units and two studios (C3) over two storeys, and communal roof garden. Parking provision – withdrawn 20.1.09.

B/03260/08 – Erection of a part ground, part three storey plus basement building. Use to comprise of ground floor MOTand repair garage (B2 – 126m²) and car parking for 2 cars, first and second floor offices and light industry (B1 – 160m² on each floor) and basement car parking (6 spaces), cycle spaces and storage (Total of 257m²) – withdrawn 20.1.09.

Additional Planning applications with same Location Address None.

Consultations and views expressed Neighbours Consulted: 25 Replies: 2 (At time of writing report) Neighbours Wishing To Speak 0

The objections raised may be summarised as follows: • Overlooking and loss of privacy; • Noise and disturbance; • Inappropriate use; • Out of character; • Will dominate a residential area; • Access will be made even more difficult in this road, which is busy and a rat run; • No need for another MOT garage.

Internal / other consultations Highways – CB, Development Team – To be reported verbally at the Committee meeting.

Date of Site Notice 15.1.09.

2. PLANNING APPRAISAL

Site Description and Surroundings The application site is a piece of land on the north west side of Victoria Road, a short distance to the north east of its junction with East Barnet Road and Warwick Close.

The site is currently used for vehicle sales and a car washing business also operates from the site. There is a functional link with the premises beyond in East Barnet Road, that is used for car repairs and MOT purposes.

Immediately to the south is the car park of The Alexandra public house and beyond that, the public house itself, which occupies the site on the corner of East Barnet Road and Victoria Road. Immediately to the north are a block of lock-up garages and turning area and beyond these, are the two storey terraced houses in Victoria Avenue. Opposite the site is a substantial two storey building used for commercial purposes. Whilst to the rear are the properties in East Barnet Road, typically commercial at ground floor level, with some having residential accommodation at first floor level.

The area around the site has a mixed character of residential and commercial uses.

27 Proposal It is proposed to construct a building occupying the majority of the site on the ground floor level apart from a triangular, with two further floors above on the front part of the site, but not on the rear part of the site. Consequently, the ground floor would project beyond the upper floors at the rear.

The building would be irregularly shaped, but would have a frontage of 14.2m. In terms of depth, at ground floor level, the north elevation would be approximately 16.5m, whilst the south elevation would be approximately 12.5m and at its deepest point the ground floor would be approximately 22m deep. The upper floors would have a depth of approximately 12.5m. The height of the 3-storey parts of the building would be approximately 8.65m, with the ground floor part being approximately 4.4m high.

The basement would provide 6 car parking spaces, accessed by a car lift, together with storage areas and cycle parking. The ground floor would provide accommodation for an MOT and repair garage. It would also provide two car parking spaces, including one larger space for disabled users at the front, as well as a lobby and entrance for the upper floors. The two upper floors of the building would be used for offices/light industry.

Planning Considerations As can be seen from the planning history, there have been two recent proposals to redevelop this site. The first incorporated a mixed-use proposal, which was considered to inappropriate in terms of the relationship of the proposed uses (car repairs / MOT and residential) to one another as well as proposing a building that was excessive in terms of height. The second did not include residential use, but was still felt to be too high. Both schemes have been withdrawn.

The three storey part of the building proposed in this revised application is approximately 2m lower than that in the most recently withdrawn scheme.

Character and Appearance – The area comprises a mixture of commercial and residential uses, with the former predominating in this part of Victoria Road, whilst the parts further to the north along Victoria Road are more residential. The existing commercial uses include motor vehicle-related uses, other industrial / office activities and retail premises including two public houses. Furthermore, the application site has been also been previously used for and continues to be used for motor vehicle-related uses.

On this basis, the proposed uses to be incorporated within the building are considered to be appropriate in terms of the wider uses in the area. Furthermore, the proposal would provide employment-generating floorspace, for which there is general support in the UDP.

The proposed building would be of three storeys with a flat roof and would be positioned at the back edge of the footway. Whilst buildings in the locality tend to be of two storeys with a pitched roof, these are of varying scales, with the building opposite the site and The Alexandra public house, being large in terms of their scale, eaves and ridge heights. Therefore, in terms of overall height, the proposed building would not be out of character.

Due to adjacent vacant sites (albeit with single storey garages on one), the building would appear as an isolated feature, which could emphasise its height. However, it would not be the only building, with both of the nearby public houses appearing isolated as they are located on corner sites, whilst the building opposite also has low level buildings on its south side.

28 The building would be located at the back edge of the pavement. Many of the buildings in the locality have areas between them and the footway. However, parts of The Alexandra public house and the commercial premises around the junction of Victoria Road / East Barnet Road / Warwick Close / St Wilfrids Road are all located at the back edge of the pavement. Furthermore, the ground floor front elevation is set back beneath the oversailing upper floors, which would provide some relief.

In view of these factors, the proposed building is not considered to be detrimental to the character and appearance of the street scene and the general locality.

Neighbours Amenities – The houses in Victoria Avenue have short rear gardens, typically approximately 6m deep. They have rear-facing habitable rooms, but a southerly aspect. The outlook from the ground floor rear windows and rear gardens is partly affected by the existing garages. The north flank elevation of the proposed building would be approximately 13m from the garden boundaries and approximately 19m from the rear elevations of the houses in Victoria Avenue.

Notwithstanding the three-storey height of the building, the degree of separation and the presence of the existing garages would be such that the proposed building would not be overbearing or visually obtrusive when viewed from the Victoria Avenue properties. Furthermore, in view of the southerly aspect and degree of separation, the proposed building would not have a detrimental impact in terms of daylighting, sunlighting and overshadowing. No windows are proposed facing these properties, therefore, it is considered that no issues of overlooking and loss of privacy to these properties would arise.

In terms of the impact on the properties in East Barnet Road, these have staggered rear elevations and there aspect is not directly towards the taller parts of the proposed building. The ground floor parts of the building are taller than the existing single storey buildings at the site, but the ground floor parts are not aligned across the rear boundaries and it is not considered that they would have an overbearing impact. The upper floor parts would be considerably further away from the boundaries and in excess of 20m from the nearest rear elevation in East Barnet Road. Consequently, it is considered that there would not be a detrimental visual impact upon these buildings nor would there be a material loss of daylight and sunlight, whilst overshadowing would be limited. The upper floors would have rear windows, but these would not directly face those in the East Barnet Road buildings and therefore, the relationship and separation is considered to comply with development plan standards in regards to overlooking.

Other Matters – The proposal would provide adequate car parking to meet development plan standards.

The site is currently used for motor vehicle-related activities and these are also proposed on the ground floor of the proposed building. However, they would take place within a building, as opposed to the current situation where the activities can take place outside. Thus, the activities would take place within a building that could be insulated to ensure that noise levels at adjoining properties and were at acceptable levels. Conditions are recommended to be imposed to ensure this.

In terms of Section 106 items, being a new commercial development, a financial contribution would be required towards the additional demand for library services.

29 3. EQUALITIES AND DIVERSITY ISSUES

The Design and Access Statement advises that in terms of disabled access: there is a lift serving all floors, a wheelchair accessible w.c., level thresholds and widths of doors and hallways would comply with Part M of the Building Regulations.

4. COMMENTS ON GROUNDS OF OBJECTIONS

Largely, considered to be addressed in above appraisal.

The need or otherwise for an additional MOT operation is not a material planning consideration.

5. CONCLUSION

The proposal is considered to be an appropriate re-use of this site. It proposes an appropriate mix of uses that would provide employment opportunities and would be consistent with the character of the area. The building itself would not be detrimental to the character and appearance of the street scene and the general locality. It would not cause harm to the residential and visual amenities of adjoining occupiers / users. It would not result in conditions prejudicial to highways and pedestrian safety and the free flow of traffic.

30 SITE LOCATION PLAN: Land rear of Alexandra Public House, Victoria Road, Barnet EN4

REFERENCE: B/00066/09

31 LOCATION: Phase 1, Stonegrove and Spur Road Estates, Edgware HA8

REFERENCE: Received: 23 January 2008 Accepted: 23 January 2008

WARD: Edgware Expiry: 20 March 2008 Final Revisions:

APPLICANT: Barratt Homes Limited c/o RPS

PROPOSAL: Submission of brick samples for Phase 1 of the Stonegrove and Spur Road Estate Regeneration for Members consideration.

RECOMMENDATION:

APPROVE BRICK SAMPLES AS SUBMITTED

1. BACKGROUND TO THE APPLICATION

Application W13582E/07 for the redevelopment of Stonegrove and Spur Road Estates was heard at the Planning and Environment Committee on 3 March 2008. The application was approved by Members subject to the completion of a Section 106 legal agreement which was subsequently signed on 6 October 2008.

The planning consent for the regeneration of Stonegrove and Spur Road Estates is a hybrid planning permission comprising of detailed planning permission for Zone 1 and outline consent for the remainder of the development (Zones 2-8). The approved regeneration comprises the following: • Demolition of all existing residential dwellings, community buildings and former Edgware School buildings; • Construction of 937 residential units of which 520 will be for private sale and 417 will be affordable; • Construction of a new community hall; • Replacement of the existing St Peter’s Church, Church Hall and parsonage with a new Church, Church Hall and parsonage. The Church Hall will be suitable for accommodating a playgroup/crèche; • High quality public open space provision along with private gardens and communal gardens; • Provision of a local Energy Centre to serve the development; • Provision of a maximum of 1000 car parking spaces; • Pedestrian and cycle routes across the site linking into the pedestrian and cycle network in the surrounding area; • Means of access and off-site highway works. This includes a new access onto the A5 Stonegrove, retained but altered access points at Kings Drive and Green Lane and new private access junction onto the A410 Spur Road. The application also proposes works to the existing roundabout junctions on Spur Road at the A41 Edgware Road/A410 Spur Road roundabout and Canon’s Corner roundabout.

Zone 1 • The full detailed approval for Zone 1 comprises the erection of 138 residential units (31 houses and 107 flats) of which 86 units (62%) will be affordable and 52 (38%) will be for private sale.

32 2. MATERIAL CONSIDERATIONS

Proposal At the Planning and Environment Committee meeting on 3 March 2008 Members requested that samples of the bricks to be used for Zone 1 of the regeneration be reported back to committee for consideration. This report therefore seeks Member's approval for the bricks submitted for this first phase of the regeneration which is due to start on site in the coming months.

A presentation consisting of sample boards of the two different bricks and detailed coloured elevations, will be presented at committee to provide a comprehensive impression of the effect that will be achieved with the submitted bricks.

NOTE – The other materials to be used in this first phase will be considered separately by officers. Subject to Members' approval of the brick samples, condition 29 (materials) of the hybrid planning permission for Stonegrove (W13582E/07) will be discharged under delegated powers.

Relevant Planning History

Application Address Description of Development Decision Ref. and Date W13582E/07 Stonegrove Outline planning application for the Approved and Spur redevelopment of Stonegrove and Spur Road after Road Estates to include the demolition of the 603 completion Estates, existing residential units, community and school of Section Edgware buildings, and the erection of 937 new residential 16 HA8 units, new community hall, church and church agreement hall with nursery facility, the provision of – 6 associated public and private open space, car October parking and cycle parking, new vehicular access 2008 off Spur Road, new vehicular access off Stonegrove, and new internal road layout. Of the 937 new residential units, the application includes the submission of full details for Zone 1 of the redevelopment which will involve the erection of 138 residential units (31 houses and 107 flats) of which 86 units will be affordable and 52 will be for private sale, associated hard and soft landscaping incorporating new public open space, and associated car parking and cycle parking. Submission of Environmental Statement.

2. PLANNING APPRAISAL

The first phase of the regeneration is located within character Zone 1 and will be built on vacant land adjacent to the London Academy with access onto Spur Road.

Zone 1 consists of two main spaces of distinct scale and character around which the buildings are arranged. The more northerly of these spaces is a courtyard enclosed on three sides by blocks of flats varying in height from 4–8 storeys. The larger square to the south of these blocks is surrounded predominantly by terraced houses varying in height from 2–4 storeys facing onto an informally planted communal space. 33 Due to the differing character of the two spaces and types of buildings in this phase, two bricks are proposed as follows: Houses – For the houses a red multi (Ibstock – Surrey Red Multi) is proposed. The redness of this brick responds to Members comments and residents concerns raised at the committee meeting on 3 March. This brick is considered to be appropriate for the softer, homely character of the houses around the square and will also compliment the contemporary architectural design of the houses.

Flats – The approved design for the main 8 storey block facing Spur Road comprises a dark engineering brick on the ground and first floor which provides a podium on which the white rendered upper floors sit. The top two floors of this block are finished with a system of glazed sliding panels. The dark brick podium and render above is then continued on the buildings that frame the courtyard at the rear of the main block.

The red brick chosen for the houses does not compliment the crisp architectural design and crisp white render / glazing used in this part of the scheme. For this reason a darker brick has been proposed (Baggeridge – Telford Smooth Perforated Brown).

The dark brown brick has a redness to it that compliments the red multi brick proposed for the houses. The red multi also has patches of grey within it which reflects the deep brown / purple colour of the Baggeridge dark brick. The two brick samples are therefore considered to be compatible with each other as well as complimenting the architectural design of the buildings within this phase.

3. EQUALITIES AND DIVERSITY ISSUES

There are not considered to be any equalities and diversity issues relating to the above details.

4. CONCLUSION

The proposed bricks are considered to compliment the architectural design of this first phase and are considered to represent a high quality design solution. The brick samples are therefore recommended for APPROVAL.

34 SITE LOCATION PLAN: Zone 1, Stonegrove and Spur Road Estates, Edgware HA8

35 LOCATION: 185-189 Great North Way, London NW4

REFERENCE: F/04298/08 Received: 14 November 2008 Accepted: 14 November 2008

WARD: Finchley Church End Expiry: 13 February 2009 Final Revisions:

APPLICANT: Dukelease Properties Ltd.

PROPOSAL: Demolition of existing buildings and erection of three storey building containing 14 residential units. Associated works including the provision of car parking, cycle parking and landscaping.

SUBJECT TO A SECTION 106 AGREEMENT

RECOMMENDATION I:

That the applicant and any other person having a requisite interest be invited to enter by way of an agreement into a planning obligation under Section 106 of the Town and Country Planning Act 1990 and any other legislation which is considered necessary for the purposes seeking to secure the following:

1 Paying the council's legal and professional costs of preparing the Agreement and any other enabling agreements;

2 All obligations listed below to become enforceable in accordance with a timetable to be agreed in writing with the Local Planning Authority;

3 Education Facilities (excl. libraries) £0.00 A contribution of £13,253 index linked towards education provision in the borough.

4 Libraries (financial) £0.00 A contribution of £1,704 index linked towards libraries and life long learning in the borough.

36 4) That the units at 185-189 Great North Way shall only be used for affordable housing of which 10 (2 x 1 bed, 5 x 2 bed and 3 x 3 bed) shall be for rent and 4 (1 x 1 bed and 3 x 2 bed) shall be for intermediate housing as set out in the Mayor for London's Affordable Housing definition (including shared ownership and rent to home buy). Unless a commuted sum is paid. 5) In the event that any financial contribution set out in the agreement fails to be paid at the due date, a penalty interest rate of 4% above the Bank of England base rate will be applied from the date that the payment was due until the date in which it is paid in full.

6 Special Site-Specific Obligation £0.00 A contribution of £5,000 to monitor the construction management plan.

7 Monitoring of the Agreement £0.00 A contribution of £1,148 index linked towards monitoring of the S106 agreement; planning obligations and planning conditions.

8 Special Site-Specific Obligation £0.00 The scheme shall be included in the Notting Hill Construction Training Initiative.

RECOMMENDATION II: That upon completion of the agreement the Head of Planning and Development Management approve the planning application reference: F/04298/08 under delegated powers subject to the following conditions:

1 This work must begin not later than three years from the date of this consent.

Reason: To comply with Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

2 Before this development is commenced, details of the levels of the building(s), road(s) and footpath(s) in relation to adjoining land and highway(s) and any other changes proposed in the levels of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved.

3 Before the development hereby permitted commences, details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved.

Reason: To safeguard the visual amenities of the locality.

4 A vehicular sight line of 4.5 metres by 70 metres shall be provided to the either side of the site access with the Public highway, prior to the commencement of any other works on site, and thereafter be maintained free of all obstructions over a height of 0.6 metre above the level of the adjoining highway. 37 Reason: In the interests of highway and pedestrian safety in accordance with Policy M11 of the London Borough of Barnet Adopted Unitary Development Plan 2006.

5 Before the development is commenced; a scheme showing details of access points (Pedestrian and Vehicular), estate road(s) and footways in accordance with the siting, size, dimensions and other details shown on the approved drawing shall be submitted to and approved by the Local Planning Authority.

Reason: To ensure that the access is satisfactory in terms of highway safety and in accordance with Policy M11 of the London Borough of Barnet Adopted Unitary Development Plan 2006.

6 The development hereby approved shall not be occupied until the existing redundant crossover(s) is reinstated to footway by the Highway Authority at the applicant’s expense.

Reason: To confine access to the permitted points in order to ensure that the development does not prejudice the free flow of traffic or conditions of general safety on the public highway and in accordance with the Policies M11 and M13 of the London Borough of Barnet Adopted Unitary Development Plan 2006.

7 Before the development hereby permitted is brought into use or occupied the site shall be enclosed except at the permitted points of access in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the appearance of the locality and/or the amenities of occupiers of adjoining residential properties and to confine access to the permitted points in the interest of the flow of traffic and conditions of general safety on the adjoining highway.

8 The mitigation scheme proposed in the noise report by Michael Sugiura, Ref: 280/08, dated November 2008, and supported by the planning application drawings revised 07/11/08, shall be implemented in its entirety before any of the units are occupied.

Reason: To ensure that the amenities of occupiers are not prejudiced by road traffic noise in the immediate surroundings.

9 Before development commences, a scheme of proposed air pollution mitigation measures shall be submitted to and approved by the Local Planning Authority. The approved mitigation scheme shall be implemented in its entirety before (any of the units are occupied / the use commences).

Reason: To ensure that the amenities of occupiers are protected from the poor air quality in the vicinity.

38 10 The level of noise emitted from the ventilation plant hereby approved shall be at least 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room of any neighbouring property which existed at the time of this decision notice.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of neighbouring properties.

11 Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced.

Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

12 A scheme of hard and soft landscaping, including details of existing trees to be retained, shall be submitted to and agreed in writing by the Local Planning Authority before the development, hereby permitted, is commenced.

Reason: To ensure a satisfactory appearance to the development.

13 All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner, or commencement of the use.

Reason: To ensure a satisfactory appearance to the development.

14 Any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season.

Reason: To ensure a satisfactory appearance to the development.

15 The hours of work for all contractors (including sub-contractors) for the duration of site development, shall unless otherwise agreed in writing by the Local Planning Authority be limited to; 8am to 6pm on Mondays to Fridays, 9am to 1pm on Saturdays, and No work shall be carried out on Sundays or Bank Holidays.

Reason: In order to protect the amenities of neighbouring residents. 39 16 The demolition and / or construction of the development hereby approved, shall be carried out in accordance with a method statement and Construction Management Plan, which shall have been submitted to and approved in writing by, the local planning authority one month prior to commencment of works. Any demolition shall be carried out in complete accordance with the approved scheme.

Any details submitted in respect of the Construction Management Plan above shall control the hours, routes taken, means of access and security procedures for construction traffic to and from the site and the method statement shall provide for the provision of on-site wheel cleaning facilities during demolition, excavation, site preparation and construction stages of the development, recycling of materials, the provision of on-site car parking facilities for contractors during all stages of development (excavation, site preparation and construction) and the provision on site of a storage / delivery area for all plant, site huts, site facilities and materials and a community liaison contact.

Reason: In the interests of highway safety in accordance with Policy M11 of the London Borough of Barnet Adopted Unitary Development Plan 2006.

17 Before the development hereby permitted is commenced a scheme indicating the provision to be made for disabled people to gain access to the flats shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented before the development is brought into use.

Reason: To ensure adequate access levels within the development.

18 The residential development is required to meet one of the following generic environmental standards (EcoHomes or Code for Sustainable Homes) and at a level specified at Section 6.11 (EcoHomes) or Section 6.14 (Code for Sustainable Homes) of the adopted Sustainable Design and Construction Supplementary Planning Document (June 2007). Before the development is first occupied the developer shall submit certification of the selected generic environmental standard.

Reason: To ensure that the development is sustainable and complies with Strategic and Local Policies.

INFORMATIVE(S):

1 The plans accompanying this application are: site location plan, demolition plan, 0835-1000, 0835-1001 E, 0835-1100 G, 0835-1101 G, 0835-1102 G, 0835/1103 F, 0835-1201 A, 0835-1300 F, 0835-1301 E, 0835-1302 F, 0835-1303 F,Planning Statement, design and Access statement, Noise report 280/08, Matters relating to air quality, transport statement, Sustainability report and affordable housing viability assessment.

3 The applicant must submit an application under Section 184 of the Highways Act (1980) for the proposed vehicular access. The proposed access design details, construction and location will be reviewed by the Development Team as part of the application. Any related costs for alterations to the public highway layout that may become necessary, due to the design of the onsite development, will be borne by the applicant. To receive a copy of our Guidelines for Developers and an application form please contact: David M Smith, Clerk of Works, Traffic & Development Section - Highways Group, London Borough of Barnet, North London Business Park (NLBP) Building 4, Oakleigh Road South, London N11 1NP.

4 Any details submitted in respect of the Construction Management Plan above shall control the hours, routes taken, means of access and security procedures for construction traffic to and from the site and the methods statement shall provide for the provision of on-site wheel cleaning facilities during demolition, excavation, site preparation and construction stages of the development, recycling of materials, the provision of on-site car parking facilities for contractors during all stages of development (Excavation, site preparation and construction) and the on site provision of a storage/delivery area for all plant, site huts, site facilities and materials and a community liaison contact.

5 The applicant is advised that any street furniture or lighting column affected by the proposed works would be relocated at the applicant’s expense under a rechargeable works agreement by the Council’s term contractor for Highway Works.

6 The applicant is advised that the development is located on or will have an impact on the Strategic Road Network (SRN)/Transport for London Road Network (TLRN). The Traffic Management Act (2004) requires the Council to notify Transport for London (TfL) for implementation of construction works. The developer is expected to work with the Council to mitigate any adverse impact on public highway and would require TfL’s approval before works can commence.

RECOMMENDATION III That if an agreement has not been completed by 13/02/2009, that unless otherwise agreed in writing, the Head of Planning and Development Management should REFUSE the application F/04298/08 under delegated powers for the following reason/s: 1) There is no formal undertaking is given to meet the extra educational costs arising as a result of the development, contrary to Adopted SPG and Policy CS8 of the Adopted Barnet Unitary Development Plan (Approved 2006).

41 2) The development would require works to improve and adapt the highway in the vicinity of the site and no formal undertaking is given to meet the costs of these works to the detriment of the safety and free flow of traffic and contrary to Policies M13 and IMP1 of the Adopted Barnet Unitary Development Plan (Approved 2006). 3) The development would require the provision of on-site units for affordable housing and no formal undertaking is given to provide these units on site contrary to Policies H5 and IMP1 of the Adopted Barnet Unitary Development Plan (Approved 2006). 4) The development would require an undertaking to meet the additional costs placed on libraries by the development contrary to Policy IMP1 of the Adopted Barnet Unitary Development Plan (Approved 2006).

BACKGROUND: This application forms one of three ‘linked’ planning applications for redevelopment in the Mill Hill area of the borough. The applications are ‘linked’ by the fact that the applicant is proposing to provide the affordable housing requirements for all three schemes on one site. The three applications are; H/04300/08 Bedford House Nursing Home, Hammers Lane, NW7 H/04296/08 Hartley Hall and Broadway Service station, Flower Lane, NW7 F/04298/08 185-189 Great North Way, NW4

The schemes would be linked by a Section 106 agreement which would be attached to each of the applications.

The Council’s Housing and Legal section have advised that in this instance they are satisfied with this arrangement.

1. MATERIAL CONSIDERATIONS

National Planning Policy Guidance / Statements Planning Policy Statement 1 – Delivering Sustainable communities (PPS1)

Planning Policy Statement 3 – Housing (PPS3)

Planning Policy Guidance Note 4 – Employment (PPG4)

Planning Policy Guidance Note 13 – Transport (PPG13)

Planning Policy Guidance Note 23 (PPG23) – Planning and pollution control

Planning Policy Guidance Note 24 – Noise (PPG24)

Planning Policy Guidance Note 25 – Development and Flood Risk (PPG25)

Relevant Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GSD, GBEnv1 – GBEnv3, GBEnv5, GParking, GH1, GH2, Env13, D1 – D5, D8, D11, D13, M4, M5, O7,M11, M14, H0, H13, H14, H16, H18, H20, H21, CS8, IMP1 and IMP2.

Supplementary Planning Guidance (SPG); 42 Mayor of London SPG: Sustainable Design and Construction (May 2006) Providing for Children and Young People’s Play and Informal Recreation SPG (March 2008)

Barnet SPG: Planning Obligations or S106 Agreements SPD (Sept 2006) Contributions to Libraries and lifelong learning SPD (June 2008) Affordable housing SPD (February 2007) Sustainable design and construction SPD (June 2007) Contributions to education SPD (June 2008)

Other Corporate Documents Barnet's Three Strands Approach A Sustainable Community Strategy for Barnet 2006-2016 London Borough of Barnet Corporate Plan 2007/08- 2010/11

Relevant Planning History C/16188/05 – 185-189 Great North Way – Demolition of existing dwelling houses and erection of part two storey, part three storey building with accommodation in roof space to provide a total of 14 self contained flats. Provision of off street car parking spaces with access from Great North Way slip road (outline) – refused 9.6.05 – allowed at appeal 17.5.06.

Consultations and views expressed Neighbours Consulted: 126 Replies: 4 Neighbours Wishing To Speak 0

The application was also advertised on site and in the local press.

Internal / other consultations Highways – F&GG, Development Team – The Group has advised that the proposal is acceptable in transportation and traffic terms with adequate car parking and access subject to a Section 106, Section 278 and conditions.

Environmental Health – has advised that the proposals, subject to a number of conditions with regards to soil contamination, noise and air quality, are acceptable.

Housing Development Team – advised that the proposal to provide the affordable housing off site at Great North Way through a linked S106 agreement is acceptable. However, the scheme would need to be provided to Scheme Development Standards as set out by the Housing Corporation.

Thames Water Development Control – No objection.

Transport for London – No objection.

Highways Agency – No objection.

Environment Agency – No objection

Date of Site Notice 27.11.08.

43 2. PLANNING APPRAISAL

Site Description and Surroundings The application site is located on the north side of Great North Way (A1) west of the junction with Ashley Lane and close to the access to Archfield Allotments. The rear of the site abuts the playing fields at Copthall, which are designated as Green Belt. The site is currently occupied by three detached houses. It has a frontage to the “slip road” of approx. 32m and a depth of approx. 50m giving a site area of some 0.13 hectares. This part of Great North Way is residential in character, with detached and semi-detached houses interspersed with flatted schemes, some of which are currently under construction.

Proposal The application seeks planning permission for the demolition of the existing 3 detached houses and the erection of 14 self contained flats (3 x 1 bed, 8 x 2 bed and 3 x 3 bed) in a three storey building. The proposed vehicular access from the slip road would be in the centre of the site with the proposed building arching over. Car parking would be at the rear of the site in a surface car park providing 16 spaces (2 of which would be for disabled users).

The building would be divided into three gabled features with a central slightly larger gable providing the ‘arch’ over the access. The roof would be a mix of pitched and gable ends with an area of flat roof to the rear to provide a location for solar panels. Private gardens would be provided for the four ground floor flats, with communal amenity space provided to the front and rear of the building.

Planning Considerations The acceptability of the proposal having regard to PPS3. Impact on the street scene. Impact on the residential amenity of adjoining properties. Impact on the Green Belt. Highway safety.

PPS3 – The Government is committed to maximising the re-use of previously developed land and empty properties to minimise the amount of green field land being taken for development. The chief objective of Planning Policy Statement 3: Housing (PPS3) is to provide sufficient housing for future needs, ensuring that as many of the new homes as possible are built on previously developed land. PPS3 introduces a sequential approach to selecting sites for housing to ensure that green field sites are used only when no appropriate sites exist inside urban areas. The sequential approach identifies previously developed sites within urban areas as being the most suitable for development.

PPS3 advocates that local planning authorities should avoid developments which make inefficient use of land (those of less than 30 dwellings per hectare); encourage housing development which makes more efficient use of land (between 30 and 50 dwellings per hectare) and seek greater intensity of development at places with good public transport accessibility such as town, district and local centres. The application site would equate to 108 units per hectare. Therefore, there are no in-principle objections to the redevelopment of the site for housing.

Impact on streetscene – Great North way is characterised by a variety of housing types, and there are a number of existing flat developments in close proximity. Therefore from a street scene perspective the principle of a further development of flats is considered appropriate in this particular location as it is considered that the predominant residential character would be maintained.

44 Impact on residential amenity of adjoining properties – The proposal has been designed and sited in such a way as to minimise the impact upon the adjoining properties. The proposal would not result in a loss of sunlight or daylight to such a level as to warrant a refusal. The rear elevation has been orientated to look directly rearwards minimising the opportunity for all but oblique views into the rear gardens of the adjoining properties. Accordingly the proposal is considered to comply with Policy H17 of the adopted UDP.

Impact on the Green Belt – The rear boundary of the site forms the boundary with Copthall sports grounds which fall within the Metropolitan Green Belt. Policy O7 of the adopted UDP advocates that development on or adjoining Green Belt will not be permitted if the impact of the development would harm the visual amenity, open character, purposes and objectives of neighbouring Green Belt. The proposal would result in the loss of three detached houses and their replacement with a three storey block in the same location. The proposal replicates a similar bulk and mass to existing infill flatted developments along this stretch of the Great North Way and therefore the development is not considered to detrimentally impact upon the openness of the Green Belt.

Highway Safety – The parking provision meets the parking standards set out in the adopted UDP and the proposed layout of the access road and car park are considered acceptable. The construction access to the site is considered to be an issue due to the narrowness of the access road and as a result the Highways Group has requested that a construction management plan be submitted. A contribution of £5,000 to monitor the plan under a S106 would also be required. Subject to a number of conditions there are no objections to the proposal.

The Three Strands Approach (PEG) In 2005 the Council developed the Three Strands Strategy (PEG) to protect all that is excellent about Barnet whilst enabling the Council to respond to the needs of the community. The Three Strands approach is based around the three strands of protection, enhancement and growth. The application site falls within the remit of all three strands. For the reasons outlined above the proposal is not considered to adversely impact upon the character and appearance of the surrounding residential area (strand one [preserve]); the proposal would result in the provision of a high quality, well designed residential development (strand two [enhancement]) and provide additional residential development to meet the housing needs of the borough on redundant or previously developed land (strand three [growth]). The proposal is therefore considered to accord with the Three Strands Approach and the priorities of the corporate plan.

Section 106 Items The proposal would result in an increased child yield from the sites. Policy IMP1 of the adopted UDP advocates that in areas with existing shortages of school places or where the development will create such a shortage then a financial contribution will be sought, via a legal agreement to meet the extra additional costs that would result from this proposal. The contributions sought are consistent with the formula contained within the Councils Supplementary Planning Document – Contributions to Education (Feb 2008).

The increase in population resulting from development is expected to place pressure on Barnet’s libraries. Whilst the ongoing cost of serving new residents should in principal be met from additional revenues collected through council tax, the initial, one off costs cannot be met in this way. As a result contributions are sought to ensure that service provision mitigates the impact of the proposed property development activity. The contributions sought are consistent with the formula contained within the Councils Supplementary Planning Document – Contributions to library services (Feb 2008).

45 The proposal comes above the 10 unit threshold advocated by Policy H5 of the adopted UDP and the Council’s Housing section have advised that proposed provision of the 14 units for affordable housing on Great North Way is acceptable. It has been indicated that 10 of these would be for rent and 4 of these units would be in shared ownership. The units would be to the Housing Corporations Scheme Development Standards.

As outlined above a section 106 contribution for monitoring the construction traffic is required. Section 184 and 278 agreements for the creation of vehicular crossovers will also be required.

The proposal would result in a shortfall of on-site amenity provision however, it is considered that the request for a contribution towards improvements in outdoor recreation facilities in this area is not fairly and reasonably related to this proposal, because of the sites proximity to Barnet Copthall it does not fall within an identified area of deficiency at local park level, according to Map 6.2 of the emerging UDP and therefore Policy L12 is not considered applicable.

The delivery of the planning obligation from the negotiations stage to implementation can take considerable time and resources. As the Council is party to a large number of planning obligations, significant resources to project manage and implement schemes funded by planning obligation agreements are required. The Council therefore seeks the payment of a financial obligation towards the costs of undertaking the work relating to securing the planning obligations. In September 2006 Cabinet approved a Supplementary Planning Document (SPD) for Planning Obligations on the basis of the formula contained within the Councils SPD the contributions highlighted above are sought.

3. EQUALITIES AND DIVERSITY ISSUES

The proposals would provide fully accessible modern residential accommodation. The proposed landscaping and site layout has been designed to adapt the existing changes in levels to enable ease of access to the site. Parking is proposed for disabled users.

4. COMMENTS ON GROUNDS OF OBJECTIONS

None.

5. CONCLUSION

The site can be described as previously developed land for the purpose of PPS3. The development can be satisfactorily accommodated and would result in a more efficient use of the site in accordance with Government Guidance and local planning policies, without causing demonstrable harm.

Accordingly, approval is recommended.

46 SITE LOCATION PLAN: 185-189 Great North Way, London NW4

REFERENCE: F/04298/08

47 LOCATION: Hartley Hall and Broadway Service Station, Flower Lane, London NW7

REFERENCE: H/04296/08 Received: 14 November 2008 Accepted: 14 November 2008

WARD: Mill Hill Expiry: 13 February 2009 Final Revisions:

APPLICANT: Dukelease Properties Ltd

PROPOSAL: Demolition of existing buildings and erection of part 2, part 3, part 4, part 5 storey building comprising 1907m2 of office floor space (B1), 775m2 of community hall and ancillary community facilities (sui generis), 28 residential flats (Class C3), basement car parking, surface car parking, associated landscaping and cycle parking. Erection of small store to rear of church.

SUBJECT TO A SECTION 106 AGREEMENT

RECOMMENDATION I: That the applicant and any other person having a requisite interest be invited to enter by way of an agreement into a planning obligation under Section 106 of the Town and Country Planning Act 1990 and any other legislation which is considered necessary for the purposes seeking to secure the following:

1 Paying the council's legal and professional costs of preparing the Agreement and any other enabling agreements;

2 All obligations listed below to become enforceable in accordance with a timetable to be agreed in writing with the Local Planning Authority;

3 Education Facilities (excl. libraries) £0.00 A contribution of £48,360 index linked towards education provision in the borough.

4 Highways Improvement (local to the site) £0.00 A contribution of £29,700 index linked towards improvements and alterations to the highway in the vicinity of the site. 5 Libraries (financial) £0.00 A contribution of £7,633 index linked towards libraries and life long learning in the borough. 6 Affordable Housing (units) £0.00 1) Provision of 14 affordable housing units at 185-189 Great North Way, 10 ((2 x 1 bed, 5 x 2 bed and 3 x 3 bed ))of which would be for rent and 4 (1 x 1 bed and 3 x 2 bed) of which would be for intermediate housing as set out in the Mayor for London's Affordable Housing definition (including shared ownership and rent to home buy) shall be provided on site and transferred to a Registered Social Landlord agreed with the Council at 70% of Barnet's published Total Cost Indicator tables for 2008/9 (to be inclusive of the RSL's on-costs). 2) No units shall be occupied at either the Flower Lane or Hammers Lane site until 185-189 Great North Way is transferred to a Registered Social Landlord agreed by the Council. No more than 60% of the units at either Flower Lane or Hammers Lane shall be occupied until 185-189 Great North Way is completed and in a serviced condition ready for occupation.

48 3) If within two years of the commencement of development at either Flower lane or Hammers Lane unless otherwise agreed in writing with the Local Authority, 185- 189 Great North Way has not been transferred to a Registered Social Landlord then a financial contribution of £1,400,000 shall be paid to the Council. 4) That the units at 185-189 Great North Way shall only be used for affordable housing of which 10 (2 x 1 bed, 5 x 2 bed and 3 x 3 bed) shall be for rent and 4 (1 x 1 bed and 3 x 2 bed) shall be for intermediate housing as set out in the Mayor for London's Affordable Housing definition (including shared ownership and rent to home buy). Unless a commuted sum is made. 5) In the event that any financial contribution set out in the agreement fails to be paid at the due date, a penalty interest rate of 4% above the Bank of England base rate will be applied from the date that the payment was due until the date in which it is paid in full.

7 Monitoring of the Agreement £0.00 A contribution of £2,800 index linked towards monitoring of the S106 agreement; planning obligations and planning conditions.

8 Special Site-Specific Obligation £0.00 The scheme shall be included in the Notting Hill Construction Training Initiative.

9 Link to another Legal Agreement £0.00 Commit to sign an agreement to tie this application to the legal agreements signed for planning references H/04300/08 and F/04298/08.

RECOMMENDATION II: That upon completion of the agreement the Head of Planning and Development Management approve the planning application reference: H/04296/08 under delegated powers subject to the following conditions:

1 This development must begin within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

Reason: To safeguard the visual amenities of the locality.

49 4 No structure or erection with a height exceeding 1.05m above footway level shall be placed along the frontage(s) of .Flower Lane for a distance of 2.5m on both sides of the vehicular access(es).

Reason: To prevent danger, obstruction and inconvenience to users of the adjoining highway and the premises.

5 Before the development is occupied a Parking Management Plan shall be submitted to and approved in writing by the Local Planning Authority and the parking provision shall be managed on that basis thereafter.

Reason: To ensure that parking is provided and managed on site in the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area.

6 Before the development is commenced details of how the redundant access points / crossovers will be reinstated shall be submitted to and approved in writing by the Local Planning Authority. The redundant access points / crossovers shall be reinstated in accordance with the approved details before the site is occupied.

Reason: In the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area.

7 Before the development is commenced details of the gradient ramps to the basement car parking areas shall be submitted to and approved in writing by the Local Planning Authority. The ramps must not have a gradient steeper than 1:10. The development shall be constructed in accordance with the approved details before the site is occupied.

Reason: To ensure that vehicles can access the basement car parks.

8 The cost of any associated works, including reinstatement works and Traffic Orders, on the public highway will be borne by the applicants and will require the Applicant as part of a section 106 Agreement, to undertake to enter a section 278 Agreement under the Highways Act 1980.

Reason: In the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area.

9 One month prior to the occupation of the offices or community hall a Travel Plan for the offices and community hall shall be submitted setting out the transport policy to include the means of arrival and departure for commercial users and users of the community facilities, and details and means of transportation and car-pooling and the most efficient use of parking. The scheme as submitted shall be approved in writing by the Local Planning Authority and the use shall be carried out in accordance with the Travel Plan as approved.

50 Reason: To encourage the use of sustainable forms of transport to the site in accordance with policies GSD and Gnon Ca of the London Borough of Barnet Adopted Unitary Development Plan 2006.

10 No deliveries shall be taken at or dispatched from the site on any Sunday, Bank or Public Holiday or before 7.30 or after 19.00 on any other day.

Reason: To prevent the use causing an undue disturbance to occupiers of adjoining residential properties at unsocial hours of the day.

11 Before the development hereby permitted is brought into use or occupied the site shall be enclosed except at the permitted points of access in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the appearance of the locality and/or the amenities of occupiers of adjoining residential properties and to confine access to the permitted points in the interest of the flow of traffic and conditions of general safety on the adjoining highway.

12 Before implementation of the development hereby approved, the findings of the air quality assessment report (Flower Lane Air Quality Assessment, Arup JN 205166) will be verified on site by a six month diffusion tube survey of nitrogen dioxide (NO2). The scope and location of this survey shall be submitted to and agreed in writing by the Council prior to the commencement of the survey work. Should the results of this NO2 diffusion survey indicate that the annual mean nitrogen dioxide concentrations at the site would exceed the UK’s air quality objective then a scheme for air pollution mitigation shall be submitted to and approved in writing by the Council prior to the implementation of the development. The approved mitigation scheme shall be implemented in its entirety before any of the residential units are occupied.

Reason To ensure the provision of satisfactory residential amenity for occupiers of the development, in accordance with UDP Policy ENV7(A).

13 Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced.

Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

14 The level of noise emitted from the chiller plant hereby approved shall be at least 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room of any neighbouring property which existed at the time of this decision notice.

51 If the noise emitted has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and/or distinct impulse (bangs, clicks, clatters, thumps), then it shall be at least 10dB(A) below the background level, as measured from any point 1 metre outside the window of any room of any existing neighbouring property at the time of this decision notice.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of neighbouring properties.

15 The noise mitigation measures proposed by the noise consultant Hann Tucker Associates in the report dated 11/11/08, entitled “Combined Acoustic Report 14461/AR1 revision 1” shall be implemented in their entirety before any of the units are occupied.

Reason: To ensure that the amenities of occupiers are not prejudiced by road traffic noise in the immediate surroundings.

16 The development shall be constructed / adapted so as to provide sufficient air borne and structure borne sound insulation against internally / externally generated noise and vibration. This sound insulation shall ensure that the levels of noise generated from the (specified use) as measured within habitable rooms of the development shall be no higher than 35dB(A) from 7am to 11pm and 30dB(A) in bedrooms from 11pm to 7am.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of the residential properties.

17 A scheme of hard and soft landscaping, including details of existing trees to be retained, shall be submitted to and agreed in writing by the Local Planning Authority before the development, hereby permitted, is commenced.

Reason: To ensure a satisfactory appearance to the development.

18 All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner, or commencement of the use.

Reason: To ensure a satisfactory appearance to the development.

19 Any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season. 52 Reason: To ensure a satisfactory appearance to the development.

20 The hours of work for all contractors (including sub-contractors) for the duration of site development, shall unless otherwise agreed in writing by the Local Planning Authority be limited to; 8am to 6pm on Mondays to Fridays, 9am to 1pm on Saturdays, and No work shall be carried out on Sundays or Bank Holidays.

Reason: In order to protect the amenities of neighbouring residents.

21 The demolition and / or construction of the development hereby approved, shall be carried out in accordance with a method statement and Construction Management Plan, which shall have been submitted to and approved in writing by, the local planning authority one month prior to commencement of works. Any demolition shall be carried out in complete accordance with the approved scheme.

Reason: In the interests of highway safety.

22 Before the development hereby permitted is commenced a scheme indicating the provision to be made for disabled people to gain access to the flats and community facilities shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented before the development is brought into use.

Reason: To ensure adequate access levels within the development.

23 The use of the Community Hall for the purposes hereby permitted shall only take place between the hours of 8am and 10.30pm Fridays and Saturdays and between 7.30am and 10.30pm on all other days unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of the amenity of occupiers of neighbouring residential properties.

24 The residential development is required to meet one of the following generic environmental standards (EcoHomes or Code for Sustainable Homes) and at a level specified at Section 6.11 (EcoHomes) or Section 6.14 (Code for Sustainable Homes) of the adopted Sustainable Design and Construction Supplementary Planning Document (June 2007). Before the development is first occupied the developer shall submit certification of the selected generic environmental standard.

53 Reason: To ensure that the development is sustainable and complies with Strategic and Local Policies.

25 The non-residential development is required to meet the following generic environmental standard (BREEAM) and at a level specified at Section 6.11 of the adopted Sustainable Design and Construction Supplementary Planning Document (June 2007). Before the development is first occupied the developer shall submit certification of the selected generic environmental standard.

Reason: To ensure that the development is sustainable and complies with Strategic and Local Policies.

26 Prior to the occupation of the residential units a community use scheme for the use of the community hall and facilities shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of pricing policy, hours of use, management responsibilities and include a mechanism for review. The approved scheme shall be implemented within six months of the occupation of the residential units.

Reason: To secure well managed safe community access to the facilities and to accord with Unitary Development Plan policy.

27 The development hereby permitted shall be carried out in full accordance with the details shown on the approved plans.

Reason: To ensure the permission is implemented as approved.

INFORMATIVE(S):

1 The plans accompanying this application are: site location plan, 0747-100 P, 0747- 1001 F, 0747-1101 T, 0727-1102 Z,0747-1103 K, 0747 1104 K, 0747-1105 G, 0747- 1106 G, 0747-1107 B, 0747-1120 F, 0747-1121 C, 0747-1211 B, 0747-1212 C, 0747- 1401 E, 0747-1402 G, 0747-1403 G, 0747-1404 G, 0747-1405 D, Planning statement, Design and Access statement, Arup air quality assessment, Statement of community consultation, combined acoustic report 14461/AR1 rev 1, Transport statement, Land quality assessment report, Sustainability report and affordable housing viability assessment.

54 Contributions to Libraries and lifelong learning SPD (June 2008) Affordable housing SPD (February 2007) Sustainable design and construction SPD (June 2007) Contributions to education SPD (June 2008) ii) The proposal is acceptable for the following reasons: The proposal would enable the redevelopment of a previously developed or brownfield site consisting of contaminated land within close proximity of both a town centre and a public transport interchange. The proposal would see the re-provision of out dated, derelict or under used employment floorspace with modern quality accommodation suitable for a range of employment uses. By rationalising the employment use this will also enable the provision of 28 residential units resulting in a more efficient use of the site in accordance with Government Guidance and local planning policies, without causing demonstrable harm. The proposal would provide off site affordable housing provision and a package of community benefits in accordance with adopted policy.

3 Please note, any street furniture or lighting column affected by the proposed works would be relocated and charged under a rechargeable works agreement by the Council’s term contractor for Highways Works.

4 Any alteration to the existing crossover or new crossovers will be subject to detailed survey by the Crossover Team in Highways group as part of the application for crossover under the Highways Act 1980 and would be carried out at the applicant’s expense. An estimate for this work can be obtained from the London Borough of Barnet, Highways Group, NLBP, Building 4, 2nd Floor, Oakleigh road South, London, N11 1NP.

5 If the development is carried out it will be necessary for the existing redundant vehicular crossover(s) to be reinstated to footway by the Highway Authority at the applicant's expense. You may obtain an estimate for this work from the Chief Highways Officer, Building 4, North London Business Park (NLBP), Oakleigh Road South, London N11 1NP.

6 In complying with the contaminated land condition parts 1 and 2: a) Reference should be made at all stages to appropriate current guidance and codes of practice at January 2006 this would include: 1) The Environment Agency CLR Guidance documents; 2) Planning Policy Statement 23 Planning and Pollution Control; 3) PPS23 Annex 2 Development On Land Affected By Contamination; 4) BS10175:2001 Investigation of potentially contaminated sites – Code of Practice; 5) The Environment Agency (2001) Secondary Model Procedure for the Development of Appropriate Soil Sampling Strategies for Land Contamination; 6) Guidance for the safe development of housing on land affected by contamination, Environment Agency R&D Publication 66. b) Clear site maps should be included in the reports showing previous and future layouts of the site, potential sources of contamination, the locations of all sampling points, the pattern of contamination on site, and to illustrate the remediation strategy. c) All raw data should be provided in a form that can be easily audited and assessed by the Council (e.g. trial pit logs and complete laboratory analysis reports). d) Details as to reasoning, how conclusions were arrived at and an explanation of the decisions made should be included (e.g. the reasons for the choice of sampling locations and depths).

55 RECOMMENDATION III That if an agreement has not been completed by 13/02/2009, that unless otherwise agreed in writing, the Head of Planning and Development Management should REFUSE the application H/04296/08 under delegated powers for the following reason/s: 1) There is no formal undertaking is given to meet the extra educational costs arising as a result of the development, contrary to Adopted SPG and Policy CS8 of the Adopted Barnet Unitary Development Plan (Approved 2006). 2) The development would require works to improve and adapt the highway in the vicinity of the site and no formal undertaking is given to meet the costs of these works to the detriment of the safety and free flow of traffic and contrary to Policies M13 and IMP1 of the Adopted Barnet Unitary Development Plan (Approved 2006). 3) The development would require the provision of on-site units for affordable housing and no formal undertaking is given to provide these units on site contrary to Policies H5 and IMP1 of the Adopted Barnet Unitary Development Plan (Approved 2006). 4) The development would require an undertaking to meet the additional costs placed on libraries by the development contrary to Policy IMP1 of the Adopted Barnet Unitary Development Plan (Approved 2006).

The schemes would be linked by a Section 106 agreement which would be attached to each of the applications.

The Council’s Housing and Legal section have advised that in this instance they are satisfied with this arrangement.

1. MATERIAL CONSIDERATIONS

Relevant National Legislation Planning Guidelines and Policy Statements Planning Policy Statement 1 – Delivering Sustainable communities (PPS1)

Planning Policy Statement 3 – Housing (PPS3)

Planning Policy Guidance Note 4 – Employment (PPG4)

Planning Policy Guidance Note 13 – Transport (PPG13)

Planning Policy Guidance Note 23 (PPG23) – Planning and pollution control

Planning Policy Guidance Note 24 – Noise (PPG24)

Planning Policy Guidance Note 25 – Development and Flood Risk (PPG25)

The Mayor's London Plan (consolidated with alterations since 2004) The Mayor of London, The London Plan; Spatial Development Strategy for Greater London (February 2008) is the development plan in terms of strategic planning policy. Relevant strategic policies include 3A.2 and 3B.4. 56 Relevant Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GSD, GBEnv1 – GBEnv3, GBEnv5, GParking, GH1, GH2, Env13, D1 – D5, D8, D11, D13, M4, M5, O7,M11, M14, H0, H13, H14, H16, H18, H20, H21, CS8, IMP1 and IMP2.

Supplementary Planning Guidance (SPG) Mayor of London SPG: Sustainable Design and Construction (May 2006) Providing for Children and Young People’s Play and Informal Recreation SPG (March 2008)

Other Corporate Documents Barnet's Three Strands Approach A Sustainable Community Strategy for Barnet 2006-2016 London Borough of Barnet Corporate Plan 2007/08- 2010/11

Relevant Planning History None.

Consultations and views expressed Neighbours Consulted: 168 Replies: 9 Neighbours Wishing To Speak 1

The application was also advertised on site and in the local press.

Seven letters of support were received for the application.

The Hale Association made the following comments: • The proposed redevelopment of the site represents an improvement over the existing buildings on the site and the facilities proposed will on balance make a positive contribution to Mill Hill and the amenities available to residents. • The proposal will give rise to increased pedestrian and vehicular traffic at what is already a very busy three way junction. • The proposal will give rise to business and commuter parking which is already a concern within the area. • There need to be proper and stringent safeguards in place to minimise nuisance that could be caused by demolition and construction. • There are proposals to redevelop Athene House opposite the site and they would wish to ensure sympathetic treatment of design and finishes for both developments.

The Mill Hill Preservation Society made the following comments: • The MHPS approach the scheme on the basis that they support the scheme as the community will end up with a new ‘Hartley Hall’. • The elevations are generally interesting and the massing of the various elements helps fragment the bulk of the building. • Concern for the lack of landscaping around the building.

57 • MHPS raised a number of technical concerns regarding the logistics of the community hall on behalf of the operatic society who are one of the main users of the hall.

The Mill Hill Conservation Area Advisory Committee (CAAC) made the following observations: Concerns were raised that the Hartley Avenue elevation was unprepossessing and bore little relation to the street scene and adjacent buildings. Concerns were raised as to whether there was sufficient car parking and there were doubts about the quality and size of the replacement community hall.

Internal / other consultations National Grid PLC – No objection.

Highways – H, Development Team – The Group has advised that the proposal is acceptable in transportation and traffic terms with adequate car parking and access subject to a Section 106, Section 278 and conditions.

Housing Services – advised that the proposal to provide the affordable housing off site at Great North Way through a linked S106 agreement is acceptable. However, the scheme would need to be provided to Scheme Development Standards as set out by the Housing Corporation.

Environmental Health – advised that the proposals, subject to a number of conditions with regards to soil contamination, noise and air quality, are acceptable.

Environment Agency – no objection but a request for an informative to be added.

Thames Water Development Control – No objection.

Date of Site Notice 27.11.08.

2. PLANNING APPRAISAL

Site Description and Surroundings The application site consists of a disused petrol filing station and the adjacent community hall, Hartley Hall, which are located on the corner of Flower Lane and Hartley Avenue immediately adjacent to the junction of Flower Lane with The Broadway.

The site is 0.29 hectares and is currently occupied by the former petrol filing station, associated vehicle repair garages and Hartley Hall which is linked with the adjacent church (St Michael’s). Levels drop across the site by approx 1m.

The site is on the edge of Mill Hill town centre and is characterised by a mix of commercial, community and residential uses. The A1 is approx 100m from the site. The site is located within a controlled parking zone (CPZ).

Proposal The application is for the demolition of the existing buildings and replacement with a part 2, part 3, part 4, part 5 storey building which would consist of a basement car park for 35 cars (8 of which would be for disabled users); a community hall and ancillary community facilities (function rooms, kitchen, toilets, storage etc) of 775sqm (capable of seating 165 people) at basement and ground floor levels. Offices at ground, first and second floor totalling 1907sqm of B1 – office floor space. 28 flats of which 4 would be one bed and 24 would be two bed units at first, second, third and fourth floor.

58 All the flats would benefit from small balconies, with those facing Flower Lane and on the fourth floor benefiting from larger private terrace areas. An additional surface car park would be located to the front of the building providing a further 14 parking spaces (3 of which would be for disabled users) these would be allocated to the community hall facility. Both the basement and surface car park would be accessed off Flower Lane.

Planning Considerations The acceptability of the proposal having regard to PPS1 and PPS3 Impact on employment uses Impact on the street scene Impact on the amenity of adjoining properties Transportation Issues and highway safety Sustainability

PPS1 and PPS3 – PPS 3 sets out the Government’s strategic housing policy objectives of creating sustainable, inclusive, mixed communities. Paragraph 20 states that key characteristics of a mixed community are a variety of housing, particularly in terms of a mix of different households such as families with children, single person households and older people. In terms of developing housing density policies, paragraph 46 states that Local Authorities should have regard to the level of housing demand and need in their area, current and future level and capacity of infrastructure, services and facilities, desirability of using land efficiently, current and future levels of accessibility particularly public transport accessibility, the characteristics of the area, and the desirability of achieving high quality, well-designed housing.

Paragraph 50 highlights that “the density of existing development should not dictate that of new housing. If done well, imaginative design and layout of new development can lead to a more efficient use of land without compromising the quality of the local environment”. It states that good design is fundamental to using land efficiently and that good design is facilitated by identifying the distinctive features that define the character of a particular local area. Paragraph 49 however points out that in areas which involve the intensification of the existing urban fabric, careful attention to design is particularly important as more intensive development is not always appropriate.

High quality inclusive design is also a key objective of PPS 1. Other guidance on delivering high quality design includes the 2000 DETR/CABE publication ‘By Design: Urban Design in the Planning System: Towards Better Practice’.

Policies GH2, H4, H16, D2 and D3 in Barnet’s UDP 2006 set out the Council’s approach to housing density, dwelling mix and appropriate protection of local character. Specifically, Policy H4 states that “there should be a mix of dwelling type and size in order to meet the range of housing needs required in the borough.” In terms of density, paragraph 8.3.3.16 states that “large redevelopment sites, because of their size, can in some locations dictate their own character. However, any development proposal must be acceptable in terms of its impact upon surrounding existing development in terms of its character, design, parking, the street scene and residential amenity.”

The London Plan density matrix, Table 3A.2 (see appendix 1) provides guidance on appropriate residential densities based on local character and accessibility to public transport (PTAL rating).

The Government is committed to maximising the re-use of previously developed land and empty properties to minimise the amount of green field land being taken for development. The chief objective of Planning Policy Statement 3: Housing (PPS3) is to provide sufficient housing for future needs, ensuring that as many of the new homes as possible are built on previously developed land. 59 PPS3 introduces a sequential approach to selecting sites for housing to ensure that green field sites are used only when no appropriate sites exist inside urban areas. The sequential approach identifies previously developed sites within urban areas as being the most suitable for development.

PPS3 advocates that local planning authorities should avoid developments which make inefficient use of land (those of less than 30 dwellings per hectare); encourage housing development which makes more efficient use of land (between 30 and 50 dwellings per hectare) and seek greater intensity of development at places with good public transport accessibility such as town, district and local centres. Given the sites location close to Mill Hill town centre and the proximity of Mill Hill Broadway Station and a number of bus routes a denser development is considered acceptable in this location. The application site would equate to 96 units per hectare.

The proposal would therefore represent an efficient use of previously developed line in accordance with national legislation, the London Plan and policy H21 of the adopted UDP and given the site’s location a higher density is appropriate.

Affordable Housing – This application forms one of three linked schemes which would see the affordable housing provided off-site at 185-189 Great North Way. The proposal is for a scheme of 14 affordable units to be provided on this site. Ten of the units would be for rent and 4 of the units would be for shared ownership. Affordable housing would be below the UDP target of 50%, however, given the viability of de-contaminating the Flower Lane site; providing a replacement community hall and enhanced community facility at Flower Lane; delivering modern employment premises for local businesses in a mixed use scheme, combined with the other community benefits provided by way of contributions to education, libraries and life long learning and highway improvements, the affordable housing provision is considered acceptable in planning terms and the Councils Housing and Legal sections are satisfied that it can be delivered in the way proposed.

Employment In planning policy terms the site is an employment site however much of the industrial buildings and floor space are in a semi-state of dereliction and redundancy. The previous use of the site as a petrol filing station and vehicle repair facility has resulted in contamination of the land. Visually and environmentally it is in a very poor condition and in much need of redevelopment and renewal as it currently serves little purpose or benefit to the area or community.

Policy EMP2 of the adopted UDP advocates that where commercial sites are redeveloped, then a mixed use development of housing and employment will be a priority. Policy EMP3 goes further and supports the consolidation of employment land, providing that the development does not result in a significant reduction in employment provided on the site and that it would not adversely affect residential amenity or highway and traffic conditions. The proposal would result in a mixed use development with improved employment floor space, improved access arrangements and a relocation of the commercial use away from residential properties. The proposals are therefore considered to accord with these policies.

Impact on the street scene – The existing buildings in Hartley Avenue and Flower Lane are a mix of 1930’s detached houses and a number of infill flatted developments plus more modern two and three storey commercial buildings. Flower Lane is characterised by attractive suburban residential development which currently ceases when it reaches the church. The area between the church and The Broadway is poorly defined with a number of edge of centre uses and poorly maintained buildings.

60 The plans show a contemporary design to produce a modern innovative sustainable development which would act as a focal corner building which will positively contribute to the streetscene. The proposals are considered to strengthen the transition between the residential character of Flower Lane and the commercial character of The Broadway.

The provision of the new community hall and the re-landscaping of the area between the church and the proposed development will create an area of good quality public space. The proposals are therefore considered to be consistent with the policies contained within the adopted UDP.

Impact on the amenity of adjoining properties – The proposal would be screened from adjoining residential properties by St Michaels Church and are therefore not considered to compromise the residential amenity of adjoining properties by virtue of overlooking/loss of privacy.

The proposal would see the commercial uses located adjacent to Hartley Avenue. The community hall, function rooms and ancillary community facilities would be re-provided within a modern purpose built building which would have noise attenuation measures and restricted hours of use in order to minimise the impact on adjoining residents. It is therefore considered that the proposal would not result in a noise and disturbance to such a level as to warrant a refusal.

The proposal is therefore considered to accord with policy H16 of the adopted UDP.

Transportation and Highway safety issues – The site is within a highly accessible and sustainable location in terms of public transport accessibility and proximity to the Mill Hill town centre and commercial facilities. There are numerous bus services and Mill Hill Broadway train station is within walking distance of the site. This supports in policy terms a higher density provision in terms of the UDP and Mayor’s London Plan.

The parking provision for the proposed residential development and commercial use are in accordance with the parking standards set out in the adopted UDP. A section 106 restriction to exempt residents and commercial users of the new development purchasing permits to park in the Mill Hill Controlled Parking Zone is recommended.

The alterations to the Flower Lane accesses will require a Section 278 Agreement and S106 contributions are sought for the reinstatement of the footpaths in the vicinity of the site.

A Travel Plan for the community use and commercial units will be required and this requirement has been included within the Section 106 agreement which will contribute to reducing car travel to the residential development and encourage the use of other modes of transport as well as travel on foot.

Sustainability – The proposal is for a mixed use development which is considered (in accordance with national guidance) to make the most effective use of this previously developed site close to good public transport facilities. As such it is considered to comply with the principles of sustainable development set out in recent government guidance.

The current proposals have been designed to maximise the natural benefits of the site and reduce energy consumption through numerous measures including insulation, solar shading, intelligent building and lighting controls, natural ventilation etc. The requirements of Part L1A of the Building regulations have been incorporated at an early stage in the design to ensure that the buildings are designed to exceed the requirements and provide good levels of insulation.

61 The use of natural day lighting for the commercial element will result in a reduction in energy consumption within the building as well as delivering a high quality of light, making the spaces feel more uplifting.

The general form of the buildings allows for natural ventilation of the majority of the space which as well as resulting in energy savings will place less demand on plant and helps minimise the impact on the amenity of local residents.

A ‘Be Lean, Be Clean, Be Green’ strategy in accordance with the London Plan (i.e. reduce energy demand, supply energy efficiently and use renewable energy) has been applied to energy use on the site. Heating and hot water is proposed to be provided by a gas fired combined heat and power boiler. Whilst this is not renewable energy it is considered that it will result in an estimated 38% reduction in CO2 emissions for the site.

The sites water consumption has been considered, and measures have been provided to minimise its use and offer rain water harvesting (or grey water recycling) where possible. This will consist of the collection of water from parts of the roof. The water is treated and used for the purposes of flushing the WC’s. Low water usage cisterns coupled with ‘re-cycled’ water will help save on water consumption as will low flow rate showers and aerated taps.

The inclusion of these initiatives as part of the proposals would reduce carbon emissions associated with the operation of the building resulting in a more sustainable form of development in accordance with adopted policy and the Three Strands Approach. It is recommended that these sustainability measures be secured by planning condition.

An initial assessment indicates that the residential buildings would achieve a code for sustainable homes rating of Level 3 and the BREEAM Offices pre-assessment has been undertaken with a BREEAM Offices rating of ‘Excellent’ predicted for this development. Conditions are recommended to ensure that this is achieved on site. The proposals are therefore considered to comply with national and local policy and the guidance contained within the Councils SPD on Sustainable design and Construction.

The proposal comes above the 10 unit threshold advocated by Policy H5 of the adopted UDP and the Council’s Housing section have advised that proposed provision off site of the 14 units on Great North Way is acceptable. It has been indicated that 10 of these would be for rent and 4 of these units would be in shared ownership. The units would be to the Housing Corporations Scheme Development Standards.

62 As outlined above a section 106 contribution for highways works is required. The Highways Group has advised that a contribution towards the reinstatement of the footpath is required and the Highways Group is currently calculating the cost of this work.

Section 184 and 278 agreements for the creation of vehicular crossovers will also be required.

3. EQUALITIES AND DIVERSITY ISSUES

The proposals would provide fully accessible modern residential accommodation and commercial buildings. The proposed landscaping and site layout has been designed to adapt the existing changes in levels to enable ease of access to the site. The proposals are therefore considered to bring about a number of local community benefits to the area.

4. COMMENTS ON GROUNDS OF OBJECTIONS

The majority of these have been considered in the main report; however the following points can be made: • The Highways Group do not consider that junction improvements would be required as part of the proposal. • The Highways Group are satisfied with the proposed level of parking and restrictions on the ability of future residents/users to purchase parking permits is recommended. • A condition requiring the submission of a construction management plan to control demolition and construction is recommended. • The proposed design of the building is considered appropriate. • The level of landscaping proposed for the development is considered appropriate given its edge of centre location. • The internal layout of the community hall is not a material planning consideration. • Hartley Avenue is characterised by a mix of uses with no single uniform architectural style or idiom. Buildings include the return elevation of a large office building offices (Athene House), a three story health centre, Library, ambulance and fire station (including training tower) and the single storey Mill Hill services Club. The proposed Hartley Avenue elevation is therefore considered appropriate within the context of these buildings.

5. CONCLUSION

This is a highly sustainable development with mixed uses and important new employment facilities for local jobs and local housing provision. The proposal would enable the redevelopment of a previously developed or brownfield site consisting of contaminated land within close proximity of both a town centre and a public transport interchange. The proposal would see the re-provision of out dated, derelict or under used employment floor space with modern quality accommodation suitable for a range of employment uses.

63 By rationalising the employment use this will also enable the provision of 28 residential units and a new community hall resulting in a more efficient use of the site in accordance with Government Guidance and local planning policies, without causing demonstrable harm.

The development would also be in accordance with the Council’s Three Strands Approach being a town centre location with good public transport accessibility and where the area is not characterised predominantly by low density spacious suburban development.

Affordable housing is below the UDP target of 50%. Given the viability of de-contaminating the site and replacing modern employment premises for local businesses in a mixed use scheme, combined with the other community benefits provided by way of new community hall, function rooms and ancillary community facilities, education, and highway improvements, the affordable housing provision is considered acceptable in planning terms.

The scheme has been designed in such a way as to minimise its impact on the adjoining area. Access to the site and parking provision, subject to a number of highways improvements that would be the subject of a separate legal agreement are considered not to jeopardise highway safety and the free flow of traffic in the vicinity of the site.

Therefore subject to the prior completion of a legal agreement to secure off site affordable housing provision and financial contributions towards education, highways improvements, libraries and monitoring, approval is recommended.

64 SITE LOCATION PLAN: Hartley Hall and Broadway Service Station, Flower Lane, London NW7 2JA

REFERENCE: H/04296/08

65 LOCATION: Bedford House Nursing Home, Hammers Lane, London NW7

REFERENCE: H/04300/08 Received: 14 November 2008 Accepted: 14 November 2008

WARD: Mill Hill Expiry: 13 February 2009 Final Revisions:

APPLICANT: Dukelease Properties Ltd.

PROPOSAL: Demolition of existing buildings and erection of 8 residential buildings of part 2, part 3 and part 4 floors with accommodation at roof level, comprising 38 flats (Class C3) set within landscaped grounds and associated basement car park.

SUBJECT TO A SECTION 106 AGREEMENT

RECOMMENDATION I:

1 Paying the council's legal and professional costs of preparing the Agreement and any other enabling agreements;

2 All obligations listed below to become enforceable in accordance with a timetable to be agreed in writing with the Local Planning Authority;

3 Education Facilities (excl. libraries) £0.00 A contribution of £171,434 index linked towards education provision in the borough;

4 Libraries (financial) £0.00 A contribution of £5,282 index linked towards libraries and life long learning in the borough;

5 Affordable Housing (units) £0.00 1) Provision of 14 affordable housing units at 185-189 Great North Way, 10 ((2 x 1 bed, 5 x 2 bed and 3 x 3 bed ))of which would be for rent and 4 (1 x 1 bed and 3 x 2 bed) of which would be for intermediate housing as set out in the Mayor for London's Affordable Housing definition (including shared ownership and rent to home buy) shall be provided on site and transferred to a Registered Social Landlord agreed with the Council at 70% of Barnet's published Total Cost Indicator tables for 2008/9 (to be inclusive of the RSL's on-costs). 2) No units shall be occupied at either the Flower Lane or Hammers Lane site until 185-189 Great North Way is transferred to a Registered Social Landlord agreed by the Council. No more than 60% of the units at either Flower Lane or Hammers Lane shall be occupied until 185-189 Great North Way is completed and in a serviced condition ready for occupation. 3) If within two years of thecommencment of development at either Flower Lane or Hammers Lane unless otherwise agreed in writing with the Local Authority, 185-189 Great North Way has not been transferred to a Registered Social Landlord then a financial contribution of £1,400,000 shall be paid to the Council. 66 4) That the units at 185-189 Great North Way shall only be used for affordable housing of which 10 (2 x 1 bed, 5 x 2 bed and 3 x 3 bed) shall be for rent and 4 (1 x 1 bed and 3 x 2 bed) shall be for intermediate housing as set out in the Mayor for London's Affordable Housing definition (including shared ownership and rent to home buy). Unless a commuted sum is paid. 5) In the event that any financial contribution set out in the agreement fails to be paid at the due date, a penalty interest rate of 4% above the Bank of England base rate will be applied from the date that the payment was due until the date in which it is paid in full.

6 Monitoring of the Agreement £0.00 A contribution of £8,836 index linked towards monitoring of the S106 agreement; planning obligations and planning conditions.

7 Special Site-Specific Obligation £0.00 The scheme shall be included in the Notting Hill Construction Training Initiative.

8 Link to another Legal Agreement £0.00 Commit to sign an agreement to tie this application to the legal agreements signed for planning reference H/04296/08 and f/04298/08.

RECOMMENDATION II: That upon completion of the agreement the Head of Planning and Development Management approve the planning application reference: H/04300/08 under delegated powers subject to the following conditions:

1 This development must be begun within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

3 No structure or erection with a height exceeding 1.05m above footway level shall be placed along the frontage(s) of Hammers Lane for a distance of 2.4m on both sides of the vehicular access(es).

Reason: To prevent danger, obstruction and inconvenience to users of the adjoining highway and the premises.

4 Before development hereby permitted is occupied, turning space and parking spaces shall be provided and marked out within the site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority and that area shall not thereafter be used for any purpose other than the parking and turning of vehicles. 67 4 Reason: To ensure that parking and associated works are provided in accordance with the council's standards in the interests of pedestrian and highway safety and the free flow of traffic.

5 Before the development is commenced details of how the redundant access points / crossovers will be reinstated shall be submitted to and approved in writing by the Local Planning Authority. The redundant access points/crossovers shall be reinstated in accordance with the approved details before the site is occupied.

Reason: In the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area.

6 Before the development is commenced details of the gradient ramps to the basement car parking areas shall be submitted to and approved in writing by the Local Planning Authority. The ramps must not have a gradient steeper than 1:10. The development shall be constructed in accordance with the approved details before the site is occupied.

Reason: To ensure that vehicles can access the basement car parks.

7 Before the development hereby permitted commences, details of (or samples, where appropriate) of all facing materials, windows, dormers, external doors, chimneys, rainwater goods, heating and ventilation ducts / flues, roof eaves, car parking ventilation grilles, boundary treatment, bin stores, garden sheds, sculptures, water features, timber decking, external lighting and ‘green’ retaining wall shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the details as approved.

Reason: To safeguard the character and appearance of the Conservation Area.

8 Before the development hereby permitted is brought into use or occupied the site shall be enclosed except at the permitted points of access in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

9 Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced.

Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

68 10 Part 1 Before development commences other than for investigative work: • A desktop study shall be carried out which shall include the identification of previous uses, potential contaminants that might be expected, given those uses, and other relevant information. Using this information, a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors shall be produced. The desktop study and Conceptual Model shall be submitted to the Local Planning Authority. If the desktop study and Conceptual Model indicate no risk of harm, development shall not commence until approved in writing by the Local Planning Authority. • If the desktop study and Conceptual Model indicate any risk of harm, a site investigation shall be designed for the site using information obtained from the desktop study and Conceptual Model. This shall be submitted to, and approved in writing by, the Local Planning Authority prior to that investigation being carried out on site. The investigation must be comprehensive enough to enable: − a risk assessment to be undertaken, − refinement of the Conceptual Model, and − the development of a Method Statement detailing the remediation requirements.

The risk assessment and refined Conceptual Model shall be submitted, along with the site investigation report, to the Local Planning Authority.

Part 2 Where remediation of contamination on the site is required completion of the remediation detailed in the method statement shall be carried out and a report that provides verification that the required works have been carried out, shall be submitted to, and approved in writing by the Local Planning Authority before the development is occupied.

Reason: To ensure the development can be implemented and occupied with adequate regard for environmental and public safety.

11 The level of noise emitted from the plant hereby approved shall be at least 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room of any neighbouring property which existed at the time of this decision notice.

If the noise emitted has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and/or distinct impulse (bangs, clicks, clatters, thumps), then it shall be at least 10dB(A) below the background level, as measured from any point 1 metre outside the window of any room of any existing neighbouring property at the time of this decision notice.

69 Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of neighbouring properties.

12 Before development commences, a report should be carried out by a competent acoustic consultant and submitted to the Local Planning Authority for approval, that assesses the likely noise impacts from the development of the ventilation/extraction plant. The report shall also clearly outline mitigation measures for the development to reduce these noise impacts to acceptable levels.

Reason: To ensure that the amenities of neighbouring premises are protected from noise from the development.

13 Before development commences, a scheme of proposed noise mitigation measures shall be submitted to and approved by the Local Planning Authority. The approved mitigation scheme shall be implemented in its entirety before (any of the units are occupied / the use commences).

Reason: To ensure that the amenities of occupiers are not prejudiced by rail and / or road traffic and / or mixed use noise in the immediate surroundings.

14 A scheme of hard and soft landscaping, including details of existing trees to be retained, shall be submitted to and agreed in writing by the Local Planning Authority before the development, hereby permitted, is commenced.

Reason: To ensure a satisfactory appearance to the development.

15 All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner, or commencement of the use.

Reason: To ensure a satisfactory appearance to the development.

16 Any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season.

Reason: To ensure a satisfactory appearance to the development.

70 17 Before this development is commenced details of the location, extent and depth of all excavations for drainage and other services in relation to trees on the site shall be submitted and approved in writing by the Local Planning Authority and the development carried out in accordance with such approval.

Reason: To safeguard the health of existing tree(s) which represent an important amenity feature.

18 No site works or works on this development shall be commenced before temporary fencing has been erected around existing tree(s) in accordance with details to be submitted and approved in writing by the Local Planning Authority. This fencing shall remain in position until after the development works are completed and no material or soil shall be stored within these fenced areas.

Reason: To safeguard the health of existing tree(s) which represent an important amenity feature.

19 No siteworks or works on this development shall be commenced before a method statement detailing precautions to minimise damage to trees in accordance with Section 7 of British Standard BS5837: 2005 Trees in relation to construction – Recommendations is submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with such approval.

Reason: To safeguard the health of existing trees which represent an important amenity feature.

Reason: In order to protect the amenities of neighbouring residents.

71 Reason: In the interests of highway safety.

22 Before the development hereby permitted is commenced a scheme indicating the provision to be made for disabled people to gain access to the flats shall have been submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented before the development hereby permitted is brought into use.

Reason: To ensure adequate access levels within the development.

23 The residential development is required to meet one of the following generic environmental standards (EcoHomes or Code for Sustainable Homes) and at a level specified at Section 6.11 (EcoHomes) or Section 6.14 (Code for Sustainable Homes) of the adopted Sustainable Design and Construction Supplementary Planning Document (June 2007). Before the development is first occupied the developer shall submit certification of the selected generic environmental standard.

Reason: To ensure that the development is sustainable and complies with Strategic and Local Policies.

24 The shed hereby permitted shall be dark stained to the satisfaction of the Local Planning Authority.

Reason: To safeguard the character and appearance of the Conservation Area.

25 Before the development hereby permitted commences, details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved.

Reason: To safeguard the visual amenities of the locality.

INFORMATIVE(S):

1 The plans accompanying this application are: site location plan, 1473 P 98, 1473 P 99, 1473 P 100, 1473 P 101, 1473 P 102, 1473 P 103, 1472 P 104, 1473 P 105, 1473 106, 1473 107, 1473 P 108, 1473 109 1473 110, 1473 111, 1473 112, 1473 113, 1473 114, 1473 115, 1473 116, 1473 117, 1473 118, 1473 119, 1473 120, 1473 P 121, 1473 P 122, 1473 P 123, 1473 P 124, 1473 P 125, 1473 P 126, 1473 P 127, 1473 P 128, 1473 P 129, 1473 P 130, 1473 131, 1473 P 132, 1473 133, 1473 P 137, 1473 P 138, 1473 P 139, 1473 P 140, 4727-101, 4727-102, 4727-103, 4727-104, 4727-105, 4727-201F, 4727-211C, 4727-212C, 4727-213C, 4727-01-300C, 4727-01-301, 4727- 01-302, 4727-01-303A, 4727-01-304B, 4727-01-305A, 4727-01-306A, 4727-01-307, 4727-01-308A, 270305-P-01, 270305-P-02B, 270305-P-03B, Planning Statement, design and Access Statement, Daylight Assessment, Sustainability report, environmental noise survey report 14838/ENS1(Rev A),Transport Statement, report on contamination issues 71679/RJW/June 2008 – Issue 2 – 7th November 2008, Civil and structural protection of existing trees outline methodology 71679/rjw/May 2008/Issue 6 (7th November 2008), Arboricultural Impact Assessment 270305-PD- 72 02C, Ecological survey and assessment under code for sustainable homes ECO1639.CodeSusHomes.vf2, review of existing underground drainage and assessment of proposals 71679/rjw/June 2008 – Issue 3 – 7th November 2008, Civil and structural preliminary method statement for the design and construction of the basement 71679/RJW/June 2008 – Issue 2 – 7th November 2008, Affordable housing viability assessment.

2 The reasons for this grant of planning permission or other planning related decision are as follows: i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following policies are relevant: Adopted Barnet Unitary Development Plan (2006) – GSD, GBEnv1 – GBEnv3, GBEnv5, GParking, GH1, GH2, Env13, D1 – D5, D8, D11, D13, HC1, HC2, HC4, M4, M5, O7, M11, M14, H0, H13, H14, H16, H18, H20, H21, CS8, IMP1 and IMP2. Supplementary Planning Guidance (SPG); Planning Obligations or S106 Agreements SPD (Sept 2006) Contributions to Libraries and lifelong learning SPD (June 2008) Affordable housing SPD (February 2007) Sustainable design and construction SPD (June 2007) Contributions to education SPD (June 2008) ii) The proposal is acceptable for the following reasons: The proposal is considered to be acceptable with regard to development plan policies subject to appropriate planning conditions. It is considered to represent a comprehensive approach to the redevelopment of this site providing an appropriate size and scale of buildings that would safeguard the amenities of adjoining occupiers. It is considered to represent a high quality design solution that would preserve the character and appearance of the area. The scheme has been designed in such a way as to preserve and enhance the Conservation Area and minimise its impact on the adjoining area. Access to the site and parking provision are considered not to jeopardise highway safety and the free flow of traffic in the vicinity of the site. The proposal is therefore considered to be in accordance with relevant national planning policy guidance, the London Plan and the Adopted UDP.

5 In complying with the contaminated land condition parts 1 and 2: a) Reference should be made at all stages to appropriate current guidance and codes of practice at January 2006 this would include:

73 1) The Environment Agency CLR Guidance documents; 2) Planning Policy Statement 23 Planning and Pollution Control; 3) PPS23 Annex 2 Development On Land Affected By Contamination; 4) BS10175:2001 Investigation of potentially contaminated sites – Code of Practice; 5) The Environment Agency (2001) Secondary Model Procedure for the Development of Appropriate Soil Sampling Strategies for Land Contamination; 6) Guidance for the safe development of housing on land affected by contamination, Environment Agency R&D Publication 66. b) Clear site maps should be included in the reports showing previous and future layouts of the site, potential sources of contamination, the locations of all sampling points, the pattern of contamination on site, and to illustrate the remediation strategy. c) All raw data should be provided in a form that can be easily audited and assessed by the Council (e.g. trial pit logs and complete laboratory analysis reports). d) Details as to reasoning, how conclusions were arrived at and an explanation of the decisions made should be included (e.g. the reasons for the choice of sampling locations and depths).

6 You are advised to engage a qualified acoustic consultant to advise on the scheme, including the specifications of any materials, construction, fittings and equipment necessary to achieve satisfactory internal noise levels in this location.

In addition to the noise control measures and details, the scheme needs to clearly set out the target noise levels for the habitable rooms, including for bedrooms at night, and the levels that the sound insulation scheme would achieve.

The details of acoustic consultants can be obtained from the following contacts: a) Institute of Acoustics and b) Association of Noise Consultants.

The assessment and report on the noise impacts of a development should use methods of measurement, calculation, prediction and assessment of noise levels and impacts that comply with the following standards, where appropriate: 1) Department of Environment: PPG 24 (1994) Planning Policy Guidance – Planning and noise; 2) BS 7445 (1991) Pts 1, 2 & 3 (ISO 1996 pts 1-3) – Description and & measurement of environmental noise; 3) BS 4142:1997 – Method of rating industrial noise affecting mixed residential and industrial areas; 4) BS 8223: 1999 – Sound insulation and noise reduction for buildings: code of practice; 5) Department of transport: Calculation of road traffic noise (1988); 6) Department of transport: Calculation of railway noise (1995); 7) Department of transport: Railway Noise and insulation of dwellings.

7 If the development is carried out it will be necessary for the existing redundant vehicular crossover(s) to be reinstated to footway by the Highway Authority at the applicant's expense. You may obtain an estimate for this work from the Chief Highways Officer, Building 4, North London Business Park (NLBP), Oakleigh Road South, London N11 1NP.

8 In respect of environmental conservation it has been indicated that there may be Bats present in the area and that the existing buildings have the potential to provide bat roosts please note that the Environment Agency recommend that when demolishing buildings and felling trees which might potentially offer bat roosting opportunities, buildings to be demolished and trees to be felled should be inspected for bats prior to work starting, with English Nature being contacted if any bats are found. All species of bat in Britain and their roosts are afforded special protection under the Wildlife and Countryside Act 1981. 74 9 The Environment Agency considers that the controlled waters at this site are of low environmental sensitivity; therefore we will not be providing detailed site-specific advice or comments with regards to land contamination issues for this site.

It is recommended that the requirements of PPS23 and the Environment Agency Guidance on the Requirements for Contaminated Land Report should be followed.

10 There are public sewers crossing this site, and no building works will be permitted within 3 meters of the sewers without Thames Water’s approval. Should the building over / diversion application form, or other information relating to Thames Waters assets be required, the applicant should be advised to contact Thames Water developer Services on 0845 850 2777.

11 Thames Water requests that the Applicant should incorporate within their proposal, protection to the property installing for example, a non-return valve or other suitable device to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions.

RECOMMENDATION III That if an agreement has not been completed by 13.2.09, that unless otherwise agreed in writing, the Head of Planning and Development Management should REFUSE the application H/04300/08 under delegated powers for the following reason/s: 1) There is no formal undertaking is given to meet the extra educational costs arising as a result of the development, contrary to Adopted SPG and Policy CS8 of the Adopted Barnet Unitary Development Plan (Approved 2006). 2) The development would require the provision of on-site units for affordable housing and no formal undertaking is given to provide these units on site contrary to Policies H5 and IMP1 of the Adopted Barnet Unitary Development Plan (Approved 2006) 3) The development would require an undertaking to meet the additional costs placed on libraries by the development contrary to Policy IMP1 of the Adopted Barnet Unitary Development Plan (Approved 2006).

BACKGROUND: This application forms one of three ‘linked’ planning applications for redevelopment in the Mill Hill area of the borough. The applications are ‘linked’ by the fact that the applicant is proposing to provide the affordable housing requirements for all three schemes on one site. The three applications are: H/04300/08 Bedford House Nursing Home, Hammers Lane, NW7 H/04296/08 Hartley Hall and Broadway Service station, Flower Lane, NW7 F/04298/08 185-189 Great North Way, NW4

The schemes would be linked by a Section 106 agreement which would be attached to each of the applications.

The Council’s Housing and Legal section have advised that in this instance they are satisfied with this arrangement.

1. MATERIAL CONSIDERATIONS

National Planning Policy Guidance / Statements Planning Policy Statement 1 – Delivering Sustainable communities (PPS1)

Planning Policy Statement 3 – Housing (PPS3)

75 Planning Policy Guidance Note 4 – Employment (PPG4)

Planning Policy Guidance Note 13 – Transport (PPG13)

Planning Policy Guidance Note 15 – Planning and the Historic Environment (PPG15)

Planning Policy Guidance Note 16 – Archaeology (PPG16)

Planning Policy Guidance Note 23 (PPG23) – Planning and pollution control

Planning Policy Guidance Note 24 – Noise (PPG24)

Planning Policy Guidance Note 25 – Development and Flood Risk (PPG25)

Relevant Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GSD, GBEnv1 – GBEnv3, GBEnv5, GParking, GH1, GH2, Env13, D1 – D5, D8, D11, D13, HC1, HC2, HC4, M4, M5, O7, M11, M14, H0, H13, H14, H16, H18, H20, H21, CS8, IMP1 and IMP2.

Supplementary Planning Guidance (SPG)

Planning Obligations or S106 Agreements SPD (Sept 2006)

Contributions to Libraries and lifelong learning SPD (June 2008)

Affordable housing SPD (February 2007)

Sustainable design and construction SPD (June 2007)

Contributions to education SPD (June 2008) Mill Hill Conservation Area Character Appraisal

Other Corporate Documents Barnet's Three Strands Approach

A Sustainable Community Strategy for Barnet 2006-2016

London Borough of Barnet Corporate Plan 2007/08- 2010/11

Relevant Planning History H/04377/08 – Demolition of existing buildings (Conservation Area Consent) – decision yet to be decided.

W/05106/AA/02 – Demolition of all existing buildings (Conservation Area Consent) – finally disposed of 11.3.03.

76 W/05327/AE/05 – Demolition of existing buildings and erection of 6 buildings between two and three-storeys in height (plus rooms in roofspace) to provide a total of 51 flats. Provision of basement and surface level car-parking and associated alterations to landscaping – refused 7.9.05.

W/05327/AF/05 – Demolition of all existing buildings – refused 7.9.05.

Consultations and views expressed Neighbours Consulted: 313 Replies: 16 Neighbours Wishing To Speak 1

The application was also advertised on site and in the local press.

The objections raised may be summarised as follows: • The buildings would be closer to Hammers Lane than the existing buildings on the site and are taller than those on the adjoining development. As a result this will make the road appear much denser in character eroding the rural feel that currently exists. • The proposed buildings would be higher than the existing buildings and would block out the skyline and tree line which will diminish the character of the road making the road feel overdeveloped contrary to the current low rise character of the area. • The number of flats and lack of visitor parking will cause problems in an already congested road. • The proposed buildings in terms of height and mass are out of character with the surrounding area. Most of the buildings in the area are one or two storeys in height. • The proposal is for 38 flats which would represent a huge increase in density. • The proposal will result in increased traffic movement and overspill parking on an already congested road. • Cars will have difficulty exiting the site onto a busy road. • The proposals will dwarf the adjoining development at the Retail Trust site. • The development is out of scale with the surrounding area. • More surface parking is required to accommodate visitors and deliveries to the site. • Noise and disturbance from construction. • The existing building should be refurbished. • The proposal would be an overdevelopment of the site • Buses find it difficult to negotiate the road currently, the additional traffic and parking generated by the site will add to this problem. • Increased security threats and noise and nuisance to the elderly residents of the Retail Trust site. • Increased risk to pedestrians, particularly the elderly, trying to cross the road. • Out of character in a conservation area. • Proposed chimneys are unnecessary and add to the bulk of the building. • Proposal could result in the loss of a bat colony to the east of the property

One letter was received in support of the application.

The Mill Hill Preservation Society made the following comments: • The density is too high and the mix of units inadequate. • The scheme does not respond to the character and grain of Mill Hill Village. • The design of the buildings does not relate to the surrounding conservation area. • The buildings do not relate to sustainability issues. • Traffic generation will increase on an already congested road. • Concern about the height of the buildings adjacent to the Green Belt boundary 77 The Mill Hill Conservation Area Advisory Committee (CAAC) made the following comments: The CAAC acknowledge that the developers had made many amendments to their first plans to make the scheme more acceptable; however, some concerns remain as the proposal would result in eight blocks to be built in two lines down the hill, without significant differences in size, style and elevations. The developers’ aim was to allow views to be seen through the blocks to the Green Belt behind and they had tried in their detailing of elevations to pick up references to other buildings in Hammers Lane.

Internal / other consultations Trees and Landscape – Contained within report.

Conservation Design Team – Contained within the report.

Highways – H, Development Team – The Group has advised that the proposal is acceptable in transportation and traffic terms with adequate car parking and access subject to a section 106 agreement, Section 278 and conditions.

Environmental Health – advised that the proposals, subject to a number of conditions with regards to soil contamination, noise and air quality, are acceptable.

English Heritage-Archaeology – Although the proposal will include a multi storey basement on the site the majority of the area has already been developed and therefore there is no requirement for an archaeological assessment.

Environment Agency – No objections subject to an informative.

Natural England – No objection subject to a condition to secure the ecological enhancements proposed by the scheme.

Thames Water Development Control – There are sewers crossing the site and no building works will be allowed within 3m of the sewers without Thames Waters approval.

Date of Site Notice 27.11.08.

2. PLANNING APPRAISAL

Site Description and Surroundings Bedford House is located on the east side of Hammers Lane approx 200m from the junction with The Ridgeway. The site is currently occupied by Bedford House which was previously a residential nursing home that formed part of the Retail Trust Estate. Although referred to as Bedford House the site consists of a number of blocks including Wessex, Mercia and Northumbria House. When operational the site provided 83 bed spaces. Bedford House no longer provides accommodation that complies with the National Minimal Standards of the Care Standards Act 2000. The site is currently vacant.

The site is approx 0.88 hectares. Levels drop by approximately 12m across the site from north to south. The current collection of buildings on the site utilise the drop in levels and as a result vary between two to three storeys with pitched roofs above.

78 The site is effectively a series of levels or steps, defined by retaining walls which form the character of the site. Bedford House is of an institutional character and the existing buildings (particularly the more modern blocks) have very limited architectural merit. The buildings have developed in an ad hoc way on site leading to a ‘jumble’ of buildings, parking courtyards, open spaces and access roads. The buildings and hard surfaces currently occupy approx 69% of the site. There are a number of mature trees on the site which are protected by a Tree Preservation Order (TPO).

The site is adjacent to the Retail Trust Estate which includes the Grade II listed Marshall Hall. Opposite the site is the chalet estate a collection of 1930s bungalows which were previously included in the Retail Trust Estate but have recently been refurbished and sold privately. The site falls within the Mill Hill Conservation Area and the rear boundary of the site lies adjacent to the grounds of Mill Hill School which is designated as Green Belt.

Whilst a bus route (the 240) does run along the front of the site, the site falls within an area of low public transport accessibility. The site is approximately 1.6km from Mill Hill Broadway Station. The accessibility of the site is indicated with the Public Transport Accessibility Level (PTAL), this rating measures the amount of public transport service available. This site has been assessed to have a PTAL of 1, with 6 being the highest level of accessibility.

Proposal The application is for the demolition of the existing buildings and the erection of 8 residential blocks which would be part 2, part 3, part 4 storey with further accommodation at roof level set within landscaped grounds. The blocks would provide 38 flats (17 x 2 bed and 21 x 3 bed). Parking would be provided within a basement car park which would be accessed from Hammers Lane. A total of 76 parking spaces (of which 8 would be for disabled users) are proposed. An ancillary gym and swimming pool is proposed at basement level. This would be for the use of residents only.

Due to the substantial slope across the site the proposed blocks would be stepped down the site in a series of three terraces. All car parking would be within a basement car park to enable the space between the buildings at ground level to be landscaped.

The three blocks that would front onto Hammers Lane would be 2-3 storeys in height, with the two outer blocks stepping down to two storey adjacent to the boundary to minimise impact on adjoining properties. The blocks would be set between 13-16m back from the rear edge of the pavement. The blocks would have traditional pitched tiled roofs with a number of gable windows. The three rear blocks would be located behind the frontage blocks, replicating the same footprint. The blocks would be between 2-4 storeys in height, again both of the outer blocks would drop to two storey adjacent to the side boundary.

Planning Considerations: • The acceptability of the proposal having regard to PPS1 and PPS3; • Impact on the Conservation Area; • Impact on the street scene; • Impact on the amenity of adjoining properties; • Impact on the Green Belt; • Transportation Issues and highway safety; • Sustainability.

79 PPS3 and PPS1 – PPS 3 sets out the Government’s strategic housing policy objectives of creating sustainable, inclusive, mixed communities. Paragraph 20 states that key characteristics of a mixed community are a variety of housing, particularly in terms of a mix of different households such as families with children, single person households and older people. In terms of developing housing density policies, paragraph 46 states that Local Authorities should have regard to the level of housing demand and need in their area, current and future level and capacity of infrastructure, services and facilities, desirability of using land efficiently, current and future levels of accessibility particularly public transport accessibility, the characteristics of the area, and the desirability of achieving high quality, well-designed housing.

The London Plan density matrix, Table 3A.2 provides guidance on appropriate residential densities based on local character and accessibility to public transport (PTAL rating).

The Government is committed to maximising the re-use of previously developed land and empty properties to minimise the amount of green field land being taken for development. The chief objective of Planning Policy Statement 3: Housing (PPS3) is to provide sufficient housing for future needs, ensuring that as many of the new homes as possible are built on previously developed land. PPS3 introduces a sequential approach to selecting sites for housing to ensure that green field sites are used only when no appropriate sites exist inside urban areas. The sequential approach identifies previously developed sites within urban areas as being the most suitable for development.

The site would represent a ‘windfall’ Brownfield or previously developed site and on this basis the redevelopment of the site for residential purposes is considered to accord with national, strategic and local planning policy.

80 PPS3 advocates that local planning authorities should avoid developments which make inefficient use of land (those of less than 30 dwellings per hectare); encourage housing development which makes more efficient use of land (between 30 and 50 dwellings per hectare) and seek greater intensity of development at places with good public transport accessibility such as town, district and local centres. The application site would equate to 43 units per hectare.

Affordable Housing and Family Housing Provision – Affordable housing is proposed to be provided off-site at 185-189 Great North Way. The proposal is for a scheme of 14 affordable units to be provided on this site. Ten of the units would be for rent and 4 of the units would be for shared ownership. Affordable housing would be below the UDP target of 50%, however, given the cost of build for the site due to the levels and trees; the need to use high quality materials to reflect its location within a Conservation Area, combined with the other community benefits provided by way of contributions to education, libraries and life long learning and highway improvements, the affordable housing provision is considered acceptable in planning terms.

Impact on the Conservation Area – The site falls within Mill Hill Conservation Area and as a result policy HC1 of the adopted UDP, in line with national guidance requires development to preserve or enhance the character and appearance of the Conservation Area. Furthermore, policy HC4 advocates that consent for the demolition of existing buildings will not be granted in the absence of acceptable proposals to redevelop the site. There are a diverse range of building sizes, types and form within the Conservation Area although this part is characterised by the ‘garden suburb’ layout of the Retail Trust estate. A significant element of the character and appearance of the Conservation Area is the relationship of the buildings to the open spaces, green areas and landscape features that give it a low density feel.

Bedford House is considered to be a densely developed site with buildings that do not contribute positively to the character and appearance of the conservation areas. It is considered that their replacement with better quality buildings that make a positive contribution to the areas character and appearance should be a primary objective for anyone developing out the site. Whilst the overall bulk, height and massing of the proposed blocks is relatively large, when contrasted with the modestly sized buildings on the Retail Trust Estate, the proposals have been carefully detailed and subject to the use of good quality materials are considered to preserve and enhance the character of the site.

Permeability through the site has been achieved by spacing the blocks to allow glimpsed views across the site to the mature trees on the eastern boundary. Car parking has been sited below ground, from where the principal entrances to the individual blocks can be accessed. By placing the car park within a basement this has enabled the area above to be landscaped in the form of a series of terraces to help enhance the setting of the development. Subject to a number of conditions to control the quality of materials and detailing the proposal is considered to comply with policies HC1 and HC4 of the adopted UDP.

Impact on the street scene – The existing site forms a transition point in Hammers Lane between the suburban layout of the retail trust estate and the more traditional ‘rural Middlesex’ style of weatherboard houses that can be found at the junction with The Ridgeway. As a result this area is poorly defined which is exacerbated by the current buildings on the site. The plans show a series of residential blocks which are of a traditional design and vary in size and mass.

81 The site has a challenging slope and level changes. The proposals would form a series of co- located blocks (two rows of four) which would step down the site which would emulate a series of detached houses. The units have been designed to reflect the varied period character of the areas, including Arts and Crafts references, which can be found on the neighbouring Retail Trust Estate and are therefore considered to blend into the existing street scene. The proposals are considered to strengthen the transition between the suburban character of Hammers Lane and the more rural character of The Ridgeway. The proposal will result in the loss of a dominant group of buildings that currently detract from the character and appearance of the Conservation Area.

The proposals are therefore considered to be consistent with the policies contained within the adopted UDP.

Impact on the amenity of adjoining properties – The proposed blocks would be set 15m off the boundary with the adjoining Retail Trust estate. The properties would have a side to rear elevation relationship. The side elevations of the proposed blocks would not have windows. The proposed balconies would enable oblique views over the Retail Trust Estate but not to a level sufficient to cause overlooking of these properties. Furthermore, a row of trees along this boundary is proposed to further enhance the privacy of adjoining residents.

The proposed blocks at the north end of the site would be set approx 22m off the boundary with Keith Cottage. This would be a side to side relationship with the adjoining property being at a much higher level and benefiting from a mature conifer screen which exists along the boundary. The proposals are therefore not considered to result in overlooking of the adjoining property.

The proposed accesses to the site are situated between 34-40m from the boundaries of the adjoining properties and are therefore considered to minimise the potential noise and disturbance from vehicles entering and exiting the site to the adjoining properties.

The proposal is therefore considered to accord with policy H16 of the adopted UDP.

Impact on the Green Belt – The rear boundary of the site forms the boundary with the grounds of Mill Hill School which fall within the Metropolitan Green Belt. Policy O7 of the adopted UDP advocates that development on or adjoining Green Belt will not be permitted if the impact of the development would harm the visual amenity, open character, purposes and objectives of neighbouring Green Belt. This boundary benefits from a mature tree screen which runs the full length of the boundary. The trees are located within the grounds of Mill Hill School, are protected by a Tree Preservation Order and will not be affected by the development. As a result the proposal will effectively be screened from the Green Belt and therefore the development is not considered to detrimentally impact upon the openness of the Green Belt.

Transportation and Highway safety issues – The site is within an area of low public transport accessibility.

The parking provision for the proposed residential development is in accordance with the parking standards set out in the adopted UDP. An allowance for visitor parking has been incorporated into the level of parking assigned to the units and the Highways Group are satisfied that this should minimise the level of overspill parking onto the surrounding road network.

The alterations to the Hammers Lane accesses will require a Section 278 Agreement.

The proposal is therefore considered to accord with policy M14 of the adopted UDP.

82 Sustainability – The current proposals have been designed to maximise the natural benefits of the site and reduce energy consumption through numerous measures including solar shading, intelligent building and lighting controls, natural ventilation etc. The requirements of Part L1A of the Building regulations have been incorporated at an early stage in the design to ensure that the buildings are designed to exceed the requirements and provide good levels of insulation.

The orientation of the blocks to face east through west optimises day light from both aspects while being able to more easily control and limit solar gain. The use of natural day lighting across the buildings will result in a reduction in energy consumption within the building as well as delivering a high quality of light, making the spaces feel more uplifting.

A ‘Be Lean, Be Clean, Be Green’ strategy in accordance with the London Plan (i.e. reduce energy demand, supply energy efficiently and use renewable energy) has been applied to energy use on the site. Heating is proposed to be provided by a gas fired combined heat and power boiler. Whilst this is not renewable energy it is considered that it will result in an estimated 26% reduction in CO2 emissions for the site.

An initial assessment indicates that the residential buildings would achieve a code for sustainable homes rating of Level 3 and conditions are recommended to ensure that this and a BREEAM rating of ‘very good’ is achieved on site. The proposals are therefore considered to comply with national and local policy and the guidance contained within the Councils SPD on Sustainable design and Construction.

For the reasons outlined above the proposal is not considered to adversely impact upon the character and appearance of the Conservation Area, Green Belt or the surrounding residential area (strand one [preserve]); the proposal would result in the provision of a high quality, well designed residential development (strand two [enhancement]) and provide additional residential development to meet the housing needs of the borough on redundant or previously developed land (strand three [growth]). The proposal is therefore considered to accord with the Three Strands Approach and the priorities of the corporate plan.

83 Section 106 Items The proposal would result in an increased child yield from the sites. Policy IMP1 of the adopted UDP advocates that in areas with existing shortages of school places or where the development will create such a shortage then a financial contribution will be sought, via a legal agreement to meet the extra additional costs that would result from this proposal. The contributions sought are consistent with the formula contained within the Councils Supplementary Planning Document – Contributions to Education (Feb 2008).

The increase in population resulting from development is expected to place serious pressure on Barnet’s libraries. Whilst the ongoing cost of serving new residents should in principal be met from additional revenues collected through council tax, the initial, one off costs cannot be met in this way. As a result contributions are sought to ensure that service provision mitigates the impact of the proposed property development activity. The contributions sought are consistent with the formula contained within the Councils Supplementary Planning Document – Contributions to library services (Feb 2008).

The proposal comes above the 10 unit threshold advocated by Policy H5 of the adopted UDP and the Council’s Housing section have advised that proposed provision of the 14 units on Great North Way is acceptable. It has been indicated that 10 of these would be for rent and 4 of these units would be in shared ownership. The units would be to the Housing Corporations Scheme Development Standards.

Environmental Impact Regulations (EIA 1999) The application proposals have been assessed against the environmental impact of the development in accordance with the Environmental Impact Assessment Regulations 1999 as EIA development. No screening opinion was submitted with the application. However, in considering the application it was concluded that a full Environmental Impact Assessment was not required as sufficient information had been submitted with the application in order to assess the impact of the development.

3. EQUALITIES AND DIVERSITY ISSUES

4. COMMENTS ON GROUNDS OF OBJECTIONS

The majority of these have been considered in the main report.

84 5. CONCLUSION

The proposal is considered to be acceptable with regard to development plan policies subject to appropriate planning conditions. It is considered to represent a comprehensive approach to the redevelopment of this site providing an appropriate size and scale of buildings that would safeguard the amenities of adjoining occupiers. It is considered to represent a high quality design solution that would preserve the character and appearance of the area.

The scheme has been designed in such a way as to preserve and enhance the Conservation Area and minimise its impact on the adjoining area. Access to the site and parking provision are considered not to jeopardise highway safety and the free flow of traffic in the vicinity of the site.

The proposal is therefore considered to be in accordance with relevant national planning policy guidance, the London Plan and the Adopted UDP.

85 SITE LOCATION PLAN: Bedford House Nursing Ho, Hammers Lane, London NW7

REFERENCE: H/04300/08

86 LOCATION: 15 Holmdene Avenue, London NW7

REFERENCE: H/04864/08 Received: 19 December 2008 Accepted: 19 December 2008

WARD: Mill Hill Expiry: 13 February 2009

APPLICANT: Mr A Michaelson

PROPOSAL: Erection of a two storey five bedroom detached residential dwelling with integral garage plus basement and rooms in roofspace. Associated landscaping and boundary wall and gates to front. All following demolition of existing dwelling.

RECOMMENDATION:

APPROVE SUBJECT TO CONDITIONS

1 This development must begin within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

2 Before the development hereby permitted is occupied the parking spaces/garages shown on Plan P/02 shall be provided and shall not be used for any purpose other than the parking of vehicles in connection with the approved development.

Reason: To ensure that parking is provided in accordance with the council's standards in the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area.

3 No structure or erection with a height exceeding 1.05m above footway level shall be placed along the frontage(s) of Holmdene Avenue from a point 2.4 metres from the highway boundary for a distance of 2.4 metres on both sides of the vehicular access(es).

Reason: To prevent danger, obstruction and inconvenience to users of the adjoining highway and the premises.

4 Before this development is commenced, details of the levels of the building(s), road(s) and footpath(s) in relation to adjoining land and highway(s) and any other changes proposed in the levels of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved.

87 5 Before the development hereby permitted commences, details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved.

Reason: To safeguard the visual amenities of the locality.

6 Before the development hereby permitted is brought into use or occupied the site shall be enclosed except at the permitted points of access in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the appearance of the locality and/or the amenities of occupiers of adjoining residential properties and to confine access to the permitted points in the interest of the flow of traffic and conditions of general safety on the adjoining highway.

7 Before the building hereby permitted is occupied the proposed window(s) in the second floor flank elevation facing 13 Holmdene Avenue shall be glazed with obscure glass only and shall be permanently retained as such thereafter and shall be permanently fixed shut with only a fanlight opening, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties.

8 Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order), the following operation(s) shall not be undertaken without the prior specific permission of the Local Planning Authority No windows on the flank elevations facing 13 and 17 Holmdene Avenue.

Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties.

9 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8am or after 1pm on Saturdays, or before 8am or after 6pm on other days unless previously approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties.

10 A scheme of hard and soft landscaping, including details of existing trees to be retained, shall be submitted to and agreed in writing by the Local Planning Authority before the development, hereby permitted, is commenced.

Reason: To ensure a satisfactory appearance to the development.

88 11 All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner, or commencement of the use.

Reason: To ensure a satisfactory appearance to the development.

12 Any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season.

Reason: To ensure a satisfactory appearance to the development.

13 Provisions shall be made within the site to ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway.

Reason: To ensure that the development does not cause danger and inconvenience to users of the adjoining pavement and highway.

14 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no development otherwise permitted by any of Classes A, B, C, D, E, F and G of Part 1 to Schedule 2 of that Order shall be carried out within the area of 15 Holmdene Avenue hereby approved without the prior written permission of the Local Planning Authority.

Reason: To safeguard the amenities of neighbouring occupiers and the general locality.

15 The residential development is required to meet one of the following generic environmental standards (EcoHomes or Code for Sustainable Homes) and at a level specified at Section 6.11 (EcoHomes) or Section 6.14 (Code for Sustainable Homes) of the adopted Sustainable Design and Construction Supplementary Planning Document (June 2007). Before the development is first occupied the developer shall submit certification of the selected generic environmental standard.

Reason: To ensure that the development is sustainable and complies with Strategic and Local Policies.

INFORMATIVE(S):

1 The plans accompanying this application are: P/01; P/02; P/03.

1. MATERIAL CONSIDERATIONS

National Planning Policy Guidance / Statements PPS 1 – Delivering Sustainable Development

PPS 3 – Housing

The Mayor's London Plan (consolidated with alterations since 2004) 3A.1 – 3A.4.

Relevant Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GBEnv1, D2, D5, D7 and H16.

Relevant Planning History H/00355/08 – Two storey front extension. Part single , Part two storey side and rear extensions. Roof extension including hip to gable end, front and rear dormer windows – refused 15.5.08.

W/06930/C/07 – Two storey front extension. Part single, part two storey side and rear extensions. Roof extension including hip to gable end and rear dormer window – approved 13.9.07.

Consultations and views expressed Neighbours Consulted: 25 Replies: 3 Neighbours Wishing To Speak 0

The objections raised may be summarised as follows: • In order to protect the local environment there should be conditions restricting working hours, wheel washing, not bringing materials onto the highway and restricting noise to not more than 45dBA on the site boundary during working hours; • Affect on foundations as a result of basement building works; • Flooding / drainage; • Noise and disturbance as a result of the building works.

Internal / other consultations Highways – H, Development Team – At the time of writing the report no comments had been received. Any comments will be reported in the addendum.

Environmental Health – No objection.

Date of Site Notice 8.1.09.

90 2. PLANNING APPRAISAL

Site Description and Surroundings The application site relates to a single family dwelling house located on the north side of Holmdene Avenue, close to the junction with Copthall Drive, which is predominantly residential in character. The immediate area is characterised by large, detached single family dwelling houses.

Proposal The application seeks permission for the erection of a two storey five bedroom detached dwelling with integral garage plus basement and rooms in the roof space, associate landscaping and boundary wall and gates to the front, all following the demolition of the existing dwelling.

The proposed dwelling will measure a maximum of 16.55 metres in width, 12 metres in depth and 9.7 metres in height.

Planning Considerations Council's policies state that they will only allow development where it does not have an adverse impact on the surrounding area. Whilst the proposed new dwelling will be approximately 1 metre higher than the existing property, the roof will not be higher than that of the neighbouring property at 13 Holmdene Avenue and will therefore not have an adverse impact on the existing street scene. In addition, the new dwelling will be located1 metre further away from this neighbouring property than the existing dwelling, minimising the impact of the new development on the neighbouring residential property.

Planning consent was granted in 2007 for part single, part two storey side and rear extensions and the whilst the proposed new dwelling will project a further metre in depth beyond that granted approval, it will be at a distance of 2 metres from the boundary with 13 Holmdene Avenue. Furthermore, 17 Holmdene Avenue is substantially set back from the subject property and it is therefore considered that the proposed new dwelling will have minimal adverse impacts on neighbouring residential and visual amenities.

The proposed house would have a hipped roof in place of the side gable end on the existing property facing 13 Holmdene Avenue, which is considered to improve the relationship between the two properties. In addition, one small dormer window will be placed centrally in the front elevation and three subordinate dormer windows are proposed in the rear elevation. Given the fact that there are other examples of front dormers in the immediate locality, the proposal is not considered to detract from the character and appearance of the existing street scene.

Conditions have been recommended stating that the windows on the flank elevation facing 13 Holmdene Avenue should be obscurely glazed and restricting the insertion of further windows on either flank elevation without prior consent from the Local Planning Authority. This should mitigate against any overlooking or loss of privacy to the occupiers of the neighbouring residential properties.

The proposed front walls and gates will measure no more than 1.6 metres in height and given that there are other examples of similar height and design in the immediate area are considered acceptable.

3. EQUALITIES AND DIVERSITY ISSUES

The proposal will increase the range of accommodation available within the Borough.

91 4. COMMENTS ON GROUNDS OF OBJECTIONS

• Conditions have been recommended restricting the hours of use and ensuring wheel washing takes place. • Noise nuisance generated by development would not constitute a valid reason for withholding planning permission and would be dealt with by Environmental Health. • Affects on foundations and drainage are not material planning considerations and would be dealt with by Building Control. • The subject property is not located within a flood plain and there is no evidence to suggest that the proposal would give rise to increased risk of flooding in the area.

5. CONCLUSION

The proposed development is considered acceptable in terms of its impact on the character and appearance of the locality and the amenities of neighbouring occupiers. The development complies with all the aforementioned UDP policies and accordingly is recommended for refusal.

92 SITE LOCATION PLAN: 15 Holmdene Avenue, London NW7

REFERENCE: H/04864/08

93 LOCATION: The Cedars Nursing Home, 12 Richmond Road, Barnet, Herts, EN5 1SB

REFERENCE: B/04944/08 Received: 23 December 2008 Accepted: 23 December 2008

WARD: Oakleigh Expiry: 17 February 2009 Final Revisions:

APPLICANT: Cedars Garden Care Ltd

PROPOSAL: Two storey rear extension, ground floor and first floor front extensions, in association with internal alterations to provide 6 additional bedrooms, 9 rebuilt bedrooms and two lounges, with the capacity of the extended care home increasing from 45 bedspaces to 50 bedspaces.

RECOMMENDATION:

APPROVE SUBJECT TO CONDITIONS

1 This development must begin within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

2 The materials to be used in the external surfaces of the building(s) shall match those used in the existing building(s) unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the visual amenities of the building and the surrounding area.

3 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8am or after 1pm on Saturdays, or before 8am or after 6pm on other days unless previously approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties.

4 Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order), the following operation(s) shall not be undertaken without the prior specific permission of the Local Planning Authority:

The insertion of additional windows in any elevation of the rear extension hereby permitted.

Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties.

94 INFORMATIVE(S):

1 The reasons for this grant of planning permission or other planning related decision are as follows: -

i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following policies are relevant: Adopted Barnet Unitary Development Plan (2006) – GSD, GLand, GBEnv1, GBEnv2, GBEnv4, GBEnv5, GParking, GCS1, ENV12, D1 – D5, D7, D8, D13, M11, M12, M14, H12, H17 and H18.

ii) The proposal is acceptable for the following reason(s): The proposed extensions would not be detrimental to the visual and residential amenities of adjoining and nearby occupiers. The increased capacity of the nursing home would not result in a significant intensification of use and activity at the site and would therefore, safeguard the amenities of adjoining and nearby occupiers and would preserve the character of the building and the general locality. The proposed extensions are considered to be of a size, position and design that would preserve the character and appearance of the building, the street scene and the general locality. The proposal would not cause harm to highway and pedestrian safety and the free flow of traffic.

2 The plans accompanying this application are: 1140 -100 Revision B, 1140 -101 Revision B, 1140 -102 Revision B, S1140 -103 Revision B, 1140 -104 Revision B, S1140 -105 Revision B, 1140 -106 Revision B, 1140 -107 Revision B, Design and Access Statement.

1. MATERIAL CONSIDERATIONS

National Planning Policy Guidance / Statements PPS1 – Delivering Sustainable Development

The Mayor's London Plan (consolidated with alterations since 2004) Various.

Relevant Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GSD, GLand, GBEnv1, GBEnv2, GBEnv4, GBEnv5, GParking, GCS1, ENV12, D1 – D5, D7, D8, D13, M11, M12, M14, H12, H17 and H18.

Relevant Planning History N01367 – Alterations and additions.

N01367A – Two storey rear extension – approved 17.12.91.

N01367B – Part single, part two storey rear extensions and two storey front extensions to provide additional accommodation for nursing home – approved 4.4.95.

N01367C – Two storey side extension – approved 4.4.95.

N01367E – Retention of single storey rear extension with increased roof height and single storey front extension – 28.1.97.

95 N/01367/M/00 – Single-storey rear extension and alterations to fenestration – approved 20.3.00.

N/01367/N/00 – Single storey rear extension (variation to planning permission N01367M/00 dates 20.3.00) – approved 23.11.00.

N/01367/P/03 – Erection of part single, part two-storey rear extension to enlarge 4 existing bedrooms and to provide 5 extra bedrooms and associated communal areas – refused 5.2.04 and dismissed on appeal 19.11.04.

N/01367/Q/05 – Single storey rear extension for five bedrooms with toilets and a lounge – refused 23.3.05 and dismissed on appeal 16.1.06.

B/02001/08 – Two storey rear extension, two storey and single storey front extensions and associated internal alterations to provide 7 additional bedrooms, 9 rebuilt bedrooms and two lounges, with the capacity of the extended care home increasing from 45 bedspaces to 50 bedspaces – withdrawn 3.9.08.

Additional Planning applications with same Location Address None.

Consultations and views expressed

Neighbours Consulted: 41 Replies: 1 (At time of writing report) Neighbours Wishing To Speak 0

The objections raised were: • Current lack of parking is very bad – more rooms in the care home will make things worse, aprticularly with the schoold nearby; • Noise and disturbance; • The area is already crowded.

Internal / other consultations None.

Date of Site Notice 15.1.09.

2. PLANNING APPRAISAL

Site Description and Surroundings The application property is a long-established residential care home located on the south side of Richmond Road, a residential street, comprising, mainly detached single family dwellings. The building has been considerably extended to the side and rear. It currently provides 45 bedspaces in 40 rooms. It is located on an irregularly-shaped plot.

There is a tree, subject of a Tree Preservation Order, in the front north east corner of the site adjacent to the access road to 20 Richmond Road.

20 is a two storey detached dwelling, set back significantly from Richmond Road. Between the house and the boundary with The Cedars is a single storey outbuilding. The land at 20 is set at a lower level (approximately 1.5m) in relation to the Cedars and the boundary is marked by retaining wall topped by a wall and fence behind, approximately 2.5m high in total.

96 20 may have previously been an outbuilding within the curtilage of The Cedars. The majority of its windows face The Cedars. However, there are some windows facing Richmond Road (northerly aspect). The layout of the site is such that there is no soft landscaped garden area as such, albeit that there is a hard surfaced area that could be used as amenity space between the main building and the outbuilding.

Proposal The proposals involve extensions to the front and rear of the building with accompanying internal alterations. The proposed extensions and alterations would provide 6 additional bedrooms, 9 rebuilt bedrooms and 2 lounges. There are currently 45 bedspaces in the care home, but the proposals would increase this to 50.

At the rear, the existing building has a series of projecting elements, one of which is part two and part single storey and the other is single storey. The proposed extension at the rear effectively wraps around the existing part two and part single storey element to join onto the other single storey element. The part two storey and part single storey element would be extended towards the boundary with 20 Richmond Road by 2.7m and towards the rear boundary by 4.0m at both ground and first floor levels and by a further 5.7m towards the rear boundary on the ground floor (which would be 1.5m further rearwards compared to the existing ground floor element). This deeper part would rise to two storeys in height at a point 6.5m further away from the elevation facing 20, i.e. 3.8m further away from the boundary than the existing elevation of the two storey part. This deeper part would be 8m wide. It would return back towards the first floor elevation of the main building for a depth of 12m, where it would meet the existing rear elevation of the single storey element at the centre of the rear elevation.

It is also proposed to erect a first floor, flat roofed extension on the front elevation, which would partly infill a recess, but would be set back behind the main elevation, by a limited amount. Another recess is also proposed to be infilled on the ground floor only with a mono-pitched roof structure.

Planning Considerations Previous Planning History – As can be seen from the planning history, there have been two previous applications to extend the building that were considered at appeal.

The first of these involved a part two storey and part single storey rear extension on the part of the building closest to 20. This had an L-shaped form and occupied much of the space between the existing two storey rear wing and the boundary with 20. The Inspector considered that the proximity of both the single storey and two storey parts to 20 would make it overbearing and visually obtrusive. He also considered that the proposed extension would not be unduly harmful to highway safety or the free flow of traffic.

The second of these involved and L-shaped single storey extension to the rear of the existing two storey projecting wing. It occupied much of the space between the end of this wing and the rear boundary and extended towards the boundary with 20. The Inspector felt that the extension would be very close to the rear boundary and involve the removal of considerable amounts of the vegetation on the rear boundary. It was felt to be visually prominent and would not reflect the character and appearance of the area, where buildings are set within ample grounds and away from rear boundaries. Furthermore, proposed planting would have an adverse affect on the daylight and sunlight received in the new bedrooms. The Inspector felt the extension would fragment the garden, pushing activity to each side and felt a more intensive use closer to the side boundaries would have an adverse impact on the amenities of adjoining residents detracting from their enjoyment of their gardens.

97 The Inspector also felt that the proximity of the proposed extension to the residential annexe at 20 would result in increased noise and disturbance and loss of sunlight in the late afternoon. The Inspector also agreed with the previous Inspector in terms of the impact on car parking and highway safety.

Details of these appeal decisions are provided as background information and they are material considerations. However, the proposed extensions subject of this application are materially different in terms of their size and position.

Character and Appearance – The proposed rear extension would further increase the size of the building, but would represent the widening and deepening of an existing part of the building. There would be and increase in the footprint of the building, but this would be limited and kept away from the more sensitive parts of the site. However, comparing the proposed footprint with the footprints of the two appeal schemes: No part of the extension encroaches within the footprint of the first appeal scheme; The proposed extension would encroach within the footprint of the second appeal scheme by 1.5m towards the rear; Side elevation of nearest part to annexe at 20 increased by approximately 3.5m compared with second appeal scheme; Separation distance of nearest part to rear boundary increased from approximately 3m to 11m compared with second appeal scheme.

The proposed layout would retain much greater amounts of space around the building compared with either of the appeal scheme as the proposed enlargement is concentrated on the rear element in the centre of the site. This layout would be an improvement on those in either of the appeal schemes and would be more in keeping with the pattern of development in the locality of buildings set within ample grounds and away from boundaries.

In terms of the design, the proposed rear extension would be in keeping with the form and architectural treatment of the parts of the building of which it would form a part.

The existing front elevation is long, comprising the original Edwardian building and the extension to the east side. However, it is broken up due to gable features and recesses. The proposed first floor addition would infill one of these recesses. However, its front elevation would be set back behind the main building line, to retain a limited break in the elevation. The other proposed addition is at ground floor level only and would not unduly affect the recess at this point. Both of these additions are considered to be acceptable in terms of their impact upon the street scene.

All of the proposed extensions are considered to preserve the character and appearance of the building, the street scene and the general locality.

Neighbours Amenities – Considering, firstly, the impact of the proposed rear extension on 20.

This boundary is irregular and there is a considerable amount of vegetation of varying heights. However, 20 is at a lower level and has an aspect towards The Cedars. Glimpsed views of the existing rear projecting wing are possible through the vegetation, particularly from the upper floor bedroom windows at 20 itself. However, the views are less clear from ground floor level and the outside "amenity" space. The residential annexe has rear-facing windows glazed with obscure glass.

98 The proposed extension would bring the nearest parts at two storey level 2.7m closer to 20 and make that part of the existing building 4.0m wider, when viewed from 20. The nearest part of the existing two storey part of the rear projection is approximately 14m from the boundary, which would reduce to approximately 11m with the proposed extension. In relation to the house at 20 itself the distances are approximately 23m at present and approximately 20m as proposed.

Given the degree of separation and the intervening boundary screening, this part of the proposed extension would neither be overbearing or visually obtrusive when viewed from 20 itself or its amenity area.

The residential annexe at 20 is nearer to the proposed extension, but the nearest part of the two storey part of the extension would still be a minimum of approximately 9m from this building, which, although an annexe is not primary residential accommodation and is not used as a self-contained dwelling.

The single storey part of the extension would not project so far to the rear nor so close to the boundary and the residential annexe as the second appeal proposal. It would be approximately 3.5m further away and approximately 3.5m less wide. Given its limited scale and positioning a minimum of 7.5m from the boundary with 20 and its residential annexe. It would have a limited visual impact on 20.

The other two storey element would be between 14m and 16m from the boundary and annexe and approximately 26.5m from the house itself at 20. These distances are such that this part of the extension would not be overbearing or visually obtrusive when viewed from the various areas at 20.

In terms of daylight, sunlight and overshadowing, given the distances involved there would be a limited impact in terms of the daylighting and sunlighting received by the various areas at 20. With regards to shadowing, in view of the separation distances of the various parts of the extension to the boundary with 20, any shadows cast by the building would largely affect the grounds of The Cedars and would not harmfully affect 20.

In terms of overlooking, the part of the building to be extended has three bedroom windows facing 20 and the proposal would increase this to 5 and 4 of these would be nearer to 20 be 2.7m and 1 would be nearer by 0.7m. UDP privacy standards refer to facing window-to-window distances. Due to the relative positions of the two buildings being partly offset from one another the majority of the windows would not be directly opposite those in 20. Therefore despite the intervening distance between the faces of the buildings being slightly below the UDP standard, some of the proposed windows would not directly face those in 20 and the boundary vegetation would filter the views. Consequently, it is considered that the resultant level of overlooking would not be sufficient to justify refusal on this ground alone.

Turning to the impact on 10 Richmond Road – This property is a detached house with habitable rooms facing the rear. From the upper floor windows, there are views of the existing structures and rear projections at The Cedars. However, whilst the nearer parts of the building are visible from the ground floor and rear garden. Those that are further away and the existing two storey projecting wing, to be enlarged are of limited visibility from the ground floor and rear garden due to the boundary vegetation.

In terms of rearward projection, the proposed two storey extension on 10's side would make the existing structure approximately 10m deeper than the existing and bring the elevation facing 10 approximately 6m nearer to 10.

99 The rearward corner would be approximately 20m beyond the rear elevation of 10, but would be some 15m away from the garden boundary. The degree of separation, when considered alongside the boundary vegetation is such that, although the extension projects some distance beyond the rear elevation of 10, it would not be overbearing nor would it be visually obtrusive when viewed from 10. I n view of the separation distance, it would not materially affect the levels of daylight and sunlight reaching 10, nor would it materially affect overshadowing. It should also be borne in mind that the proposal would not result in a continuous elevation projecting 22m from the existing rear wall of The Cedars, the two storey element would be detached from the rear elevation of the main building by 11m.

A lounge window is proposed in the elevation facing 10, but it would be 15m from the boundary, which would be in excess of UDP standards to safeguard privacy.

In the second appeal decision, the Inspector was concerned in relation to the impact of activity, noise and disturbance on neighbours amenities through more intensive use of the rear garden, closer to the side boundaries due to fragmentation of the rear garden, which would push activity to each side. That proposal occupied much of the rear garden space between the rearmost part of the projecting rear wing and the rear boundary, leaving little space behind the extension.

In this revised proposal, the rear garden area would decrease. However, the gap between the rear boundary and the rearmost part of the existing structure would reduce by only 1.5m. Therefore, the fragmentation of the garden and consequent pushing of garden activity sideways would not occur with this scheme and a large rear garden area would be retained on all sides of the extended rear wing.

In conclusion, it is considered that the proposal would not be harmful to the visual and residential amenities of adjoining occupiers.

Highways and Parking – It is noted that the previous appeal schemes comprised the creation of 5 extra bedrooms. However, the current proposal provides 6 additional bedrooms, but an increase in bedspaces of only 5 (this is likely to be due to reduction in the number of bedrooms that are shared by two occupants. In the first appeal scheme, the Inspector noted the high incidence of on-street parking in Richmond Road. He also noted that the increase in the number of residents would be 5 (as per the current application) and that this would not unduly increase the number of visitors, staff, deliveries or other vehicles. He commented that vehicular access was reasonably good with space available for several cars to park off-street and further space for ambulances and emergency vehicles. The Inspector observed that there were bus routes nearby, reasonably good access to trains, staff departure and arrival times were "off- peak" and the number of visitors per resident was relatively low and arrivals and departures were at irregular times. In conclusion, the Inspector felt that the increased demand for parking space arising from the extension would not be unduly harmful to highway safety and the free flow of traffic.

In the second appeal, the Inspector did not disagree with her colleague and also felt there would be no greater impact than the previous proposal.

The current proposal would also increase the number of residents by 5. The local parking conditions are currently similar to those at the time of the appeal schemes. Therefore, it is considered that the proposed extensions would not result in conditions prejudicial to highways and pedestrian safety and the free flow of traffic.

100 3. EQUALITIES AND DIVERSITY ISSUES

The existing building has wheelchair access and lifts. Doors comply with minimum width requirements and all rooms are wheelchair accessible.

The proposal would also provide additional specialist housing.

4. COMMENTS ON GROUNDS OF OBJECTIONS

Considered to be addressed in appraisal.

5. CONCLUSION

This revised scheme is considered to be acceptable in character and appearance terms and would not be harmful to neighbours' amenities. It would address the deficiencies identified with the materially different appeal schemes.

101 SITE LOCATION PLAN: The Cedars Nursing Home, 12 Richmond Road, Barnet EN5

REFERENCE: B/04944/08

102 LOCATION: Land adjacent to Flat 26 The Grange, Grange View Road, London N20

REFERENCE: B/04812/08 Received: 16 December 2008 Accepted: 22 December 2008

WARD: Oakleigh Expiry: 16 February 2009

APPLICANT: Inworth Property Ltd

PROPOSAL: Erection of a new bungalow and provision of 1 additional parking space for the site (Amended Description)

RECOMMENDATION

APPROVE SUBJECT TO CONDITIONS

1 This development must begin within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

2 Before the development hereby permitted is occupied the parking spaces / garages shown on Plan 0634/Pr/2-106 Rev A and 0634/Pr/2-100 Rev B shall be provided and shall not be used for any purpose other than the parking of vehicles in connection with the approved development.

4 Before the development hereby permitted commences, details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas and the new parking area shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved.

Reason: To safeguard the visual amenities of the locality.

5 Before the development hereby permitted is brought into use or occupied the site shall be enclosed except at the permitted points of access in accordance with details previously submitted to and approved in writing by the Local Planning Authority. 103 Reason: To ensure that the proposed development does not prejudice the appearance of the locality and/or the amenities of occupiers of adjoining residential properties and to confine access to the permitted points in the interest of the flow of traffic and conditions of general safety on the adjoining highway.

6 Before the development hereby permitted commences, details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins or other refuse storage containers where applicable, together with a satisfactory point of collection shall be submitted to and approved in writing by the Local Planning Authority and shall be provided at the site in accordance with the approved details before the development is occupied.

Reason: To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area.

7 Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any order revoking and re-enacting that Order) the building(s) hereby permitted shall not be extended in any manner whatsoever without the prior specific permission of the Local Planning Authority.

Reason: To ensure that the development does not prejudice the character of the locality and the enjoyment by existing and/or neighbouring occupiers of their properties.

8 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8am or after 1pm on Saturdays, or before 8am or after 6pm on other days unless previously approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties.

9 Provisions shall be made within the site to ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway.

Reason: To ensure that the development does not cause danger and inconvenience to users of the adjoining pavement and highway.

10 No development shall take place until details of the arrangements to meet the obligation for education, libraries and monitoring contributions in accordance with the relevant Supplementary Planning Documents have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the proper planning of the area and to comply with policies CS2, CS8, IMP1 and IMP2 of the adopted Unitary Development Plan and the adopted Supplementary Planning Documents on Education Facilities, Library Facilities and Planning Obligations.

104 INFORMATIVE(S):

1 The plans accompanying this application are: 0634/Ex/2-002, 0634/Ex/2-003, 0634/Ex/02-004, 0634/Ex/02-005, 0634/Ex/02-006, 0634/Pr/2-101, 0634/Pr/2-102, 0634/Pr/2-103, 0634/Pr/2-104 (date received 16-Dec-2008), 0634/Pr/2-100 Rev B, 0634/Pr/2-106 Rev A (date received 22-Jan-2009), design and access statement, email from agent dated 27-Jan-2009 (date received 27-Jan-2009).

1. MATERIAL CONSIDERATIONS

National Planning Policy Guidance / Statements PPS1 – Delivering Sustainable Development

PPS 3 – Housing

The Mayor's London Plan (consolidated with alterations since 2004) Various.

Relevant Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GBEnv1, GBEnv2, D1 – D3, D5, D7, D11, GParking, M14, GH1, H16 – H18, CS2, CS8, IMP1 and IMP2.

Supplementary Planning Document: Planning Obligations.

Relevant Planning History N06490J/07 – Land adjacent to Flat 26 The Grange – Erection of a single storey bunglalow and creation of 4 additional car parking spaces on land rear of 7 The Grange – refused 28.6.07.

N06490F/03 – Land adjacent to Flat 26 The Grange – Removal of existing single storey shed and creation of single storey dwelling and creation of 4 additional car-parking spaces on land rear of 7 The Grange – dismissed at appeal 2.11.04.

N06490E/00 – Land adjacent to Flat 26 The Grange – Removal of existing single storey shed and erection of single storey dwelling – dismissed at appeal 1.6.01.

105 N06490D/00 – Land adjacent to Flat 26 The Grange – Demolition of single-storey side building and erection of two-storey attached dwelling house on land abutting 25 and 28 The Grange – dismissed at appeal 19.1.01.

Consultations and views expressed Neighbours Consulted: 90 Replies: 12 (at time of writing report – any other objections arising from additional consultation to be reported at the meeting) Neighbours Wishing To Speak 1

The objections raised may be summarised as follows: • Scale of the proposed bungalow would be out of keeping with that of nearby buildings; • There would be limited outlook; • Poor form of development; • Site is a wildlife habitat; • Any new development would add to the already poor parking facilities for the existing residents of the Grange; • There are no details regarding excavation of land on site; • The provision of parking spaces to the rear of 7 is not a true representation as these parking spaces are already in place and being used; • A brick wall should be built along the rear of the site abutting the properties along Oakleigh Gardens due to higher ground levels; • The area to the rear of 7 is badly lit and rubbish is dumped there making it an unsafe place; • The proposed path leading to the bungalow would pass very close to other properties and would result in a loss of privacy; • Emergency vehicles would not be able to access through the main access road; • The proposed new parking to the front of the site would mean a loss of green space; • The refuse situation is already undesirable and has resulted in a rat problem in previous years; • Strong retaining wall should be built along the boundary with properties in Oakleigh Gardens as a result of previous excavations of earth; • The proposed parking to the front of the Grange would result in fumes from vehicles causing health hazards and loss of privacy as a result of the parking being allocated so close to existing flats and windows; • Erection of bungalow will result in loss of sunlight in the area and the access to it would be a total invasion of privacy to current residents; • The Grange already suffers from population density which would be worsened as a result of this application.

Internal / other consultations Highways – CB, Development Team – One additional parking space is proposed for the new unit. The parking provision is in accordance with the parking standards in the London Borough of Barnet Adopted Unitary Development Plan 2006 and therefore this application is recommended for approval, on highways grounds.

Date of Site Notice 30.12.08.

106 2. PLANNING APPRAISAL

Site Description and Surroundings The application site relates to a triangular plot of land adjoining 26 The Grange. Directly to the north west lies View Lodge and to the south east, the rear gardens of 22 – 25 Oakleigh Gardens. The Grange, which is a purpose built flatted development is comprised of two storey buildings with parking to the front of the site. There are also a number of garages and informal parking spaces to the rear of 7 The Grange. Grange View Road is accessed from Chandos Avenue and located close to Whetstone High Road, a busy classified road.

Levels on and around the site rise from west to east, which results in the properties along Oakleigh Gardens which abut the site being set at a higher level.

Proposal Planning permission is being sought for the erection of a new bungalow and provision of 1 parking space for the site. This current application follows numerous application for similar schemes as outlined in the planning history. The existing single storey outbuilding on the site would be demolished to make way for the proposed bungalow which would be 7.4m wide and set back from the front building line of adjoining property 26 by 0.1m. It would be 4.8m high and would have a pitched roof. The rear wall of the bungalow is not proposed to project any further rearwards than the rear wall of 26 The Grange. As a result of the shape of the site, the footprint of the new dwelling is such that it results in being 'L' shaped. Therefore whilst the width is 7.4m at the front of the building as it faces View Lodge, this width is reduced to 3.85m as the building projects rearwards. There is a minimum set off from the boundary with the rear gardens of 22 – 25 Oakleigh Gardens of 0.5m and a maximum of 7.5m.

Two entrances to the site are proposed. The first, being the main entrance from Grange View Lodge would involve extending the existing footpath which runs along the front of 26. The second entrance would be to the rear of the application site, accessible from the rear of the Grange. Fencing measuring 1.7m high is proposed along the boundaries of the site.

A hard surfaced area has been proposed around the perimeter of the new dwelling, with some soft landscaping proposed as shown on Plan No. 0634/Pr/2-101.

Amendments were made to the scheme during the course of the application in relation to the parking provision on site. The proposed parking provision has been reduced from 10 to 1 space to be provided in front of 17 The Grange through the extension of the existing parking area.

Planning Considerations The site has been subjected to a number of applications which have been similar to that proposed in this application. There have also been three appeal decisions made after refusals for these schemes. Each appeal decision has stated that 'the demolition of the outbuilding and erection of a bungalow would, in itself be an acceptable form of development'. This being the case, the overall concern with the principle of residential development on this site has been the provision of parking.

The appeal decision made in January 2001 for planning application reference N06490D/00 highlighted the serious shortfall in parking spaces to meet the existing demand within the Grange. The Inspector recognised that a new dwelling would only make an already undesirable situation worse and stated that 'there should be a minimum provision of one additional space convenient to the new dwelling'. This view was carried forward in later appeal decisions made in June 2001 and November 2004.

107 On the former decision (reference N06490E/00), no parking was proposed and under planning reference N06490F/03, four spaces were proposed to the rear of 7 which was considered too far from the new dwelling and therefore was not acceptable.

This current application is considered to be acceptable and an appropriate form of development for this site.

Planning Policy Statement 3: Housing states that that the priority for development should be previously developed land, in particular vacant and derelict sites and buildings. This site goes largely unused with the existing outbuilding vacant and of no real use to any of the occupiers of the Grange. The replacement of this outbuilding with a bungalow is considered to be an appropriate replacement and use of the land.

The proposed bungalow itself is not considered to cause harm to the character and appearance of the area. Whilst it was acknowledged by the Inspector that the proposed new dwelling is out of scale with neighbouring buildings, given its siting the new dwelling is not considered to materially harm the character or appearance of the area. There should be no undue levels of overlooking to neighbouring properties or gardens given the fact that the new dwelling would be single storey and set at a lower level than properties along Oakleigh Garden. The erection of boundary fencing measuring 1.7m is not considered to differ greatly from what is currently on site and goes some way to screen the new dwelling itself. It also affords privacy for both the future occupiers of the new dwelling, the existing occupiers of View Lodge and Flat 26 The Grange.

The size and outlook from the proposed new dwelling is considered to be adequate and would not result in sub standard accomodation for the future occupiers of the new dwelling.

The proposed amenity space for the new dwelling is considered to be sufficient and appropriate for a dwelling of this size.

The new dwelling is not considered to result in a significant adverse impact on the amenities of occupiers at View Lodge and 26 The Grange. The boundary treatments ensure no overlooking to the occupiers of View Lodge. Furthermore the room layout of the new dwelling should not give rise to undue levels of noise and disturbance to the occupiers of 26. The introduction of a pedestrian access is not considered to result in harm to the amenity of the neighbouring occupiers in terms of noise and disturbance, nor loss of privacy.

With regards to the parking provision on site, which has been the main issue with regards to the previous application, the provision of one space located 37m from the new dwelling is considered to be acceptable on highways grounds. The Inspectors have all made reference to the need for the minimum provision of one space close to the new dwelling, which has been provided within this application. The amendment from 10 spaces to 1 space was requested in order to address concerns with over provision of parking on the site at the expense of green spaces in front of Flats 13 and 14. Within the original 10 spaces proposed were 4 sited to the rear of 7 The Grange. These four spaces are already in use and have been since 2004, when it was noted by an Inspector. Whilst these spaces are not marked up accordingly, there are no apparent restrictions in place restricting the residents from using these. These were removed from the proposal as they are already existing. The provision of the one additional space is not considered to worsen an already existing situation or result in a detrimental effect on highway safety and it is considered to be close enough to the new dwelling to be appropriate.

A section 106 agreement is required to provide a financial contribution towards libraries and educational needs as set out in the SPD – Lifelong Learning from Development.

108 3. EQUALITIES AND DIVERSITY ISSUES

The proposed development shall comply with the relevant section within Building Regulations with regards to residential development.

The building offers good access for ambulatory and wheelchaired friendly as stated within the Design and Access Statement.

4. COMMENTS ON GROUNDS OF OBJECTIONS

• Mainly dealt with in the main body of the report. • The site has not been designated as an area of special interest with regards to nature and wildlife. • The existing refuse situation is not considered to be affected by the proposed development. A condition has been imposed to ensure details of the refuse store are submitted to and approved in writing by the Local Planning Authority. • The proposed parking spaces in front of Flats 13 and 14 has been removed from the application. The continuation of the parking area to include an additional space is not considered to result in noise and air pollution to the occupiers of17.

5. CONCLUSION

The proposed development is considered to have minimal impact on the character and appearance of the general locality. It is not considered to have a detrimental impact on the residential and visual amenities of neighbouring occupiers and accords with Council policies and guidance. Therefore this application is recommended for approval, subject to conditions.

109 SITE LOCATION PLAN: Land adjacent to Flat 26 The Grange,Grange View Road, London N20

REFERENCE: B/04812/08

110 LOCATION: Land at junction of Edgware Road, Capitol Way, London NW9

REFERENCE: H/00030/08/CNA Received: 20 October 2008 Accepted: 20 October 2008

WARD: London Borough of Brent Expiry: 10 November 2008 Final Revisions:

APPLICANT: Royal London Asset Management and Kitewood Estates

PROPOSAL: ADJOINING BOROUGH APPLICATION Demolition of existing units and erection of 5 replacement 6 storey, 8 storey and 19 storey buildings, comprising 462 self-contained flats, 6, 191m2 of retail (Use Class A1), 1,125m2 of mixed uses (Use Classess A1 & B1) a 706m2 community/health centre (use Class D1), 97m2 of creche facilities (Use Class D1), 278 residential car-parking spaces, 500 residential cycle-parking spaces, 80 commercial car-parking and cycle- parking spaces, bin stores and associated landscaping, with access from Capitol Way, NW9 and Plaza Walk NW9.

RECOMMENDATION:

NO OBJECTION RAISED IN PRINCIPLE

That the Director of Planning of the London Borough of Brent be informed that whilst the London Borough of Barnet supports the social, economic, community and regeneration benefits of this mixed use residential-led scheme it does have the following reservations: 1) The replacement of the existing Wicks store with a new store of a similar size is accepted. However the scheme will generate 1,925sqm of new additional retail floorspace without a clear justification of need or rational for providing it in this location. Significant concern remains about the principle of this level of retail development in an out of centre location which is contrary to government, strategic and local plan policy. Officers would wish to discuss further evidence from the applicants relating to the sequential approach and alternative locations within Barnet. 2) The application proposes a residential density of 851 hr/ha (296 dw/ha). This is in excess of the top end of the London Plan recommended density range for a site with a PTAL rating of 4 when the Capitol Way site only has a PTAL of 3. The site is located at least 15 minutes walk from the nearest tube and is not in a town centre location. 3) Concerns remain about the height and massing of the development and the impact on the street scene of Edgware Road. In particular this would represent the second very high tower along this stretch of the A5 following approval of the Oriental City scheme with a 23 storey tower in the absence of a local strategy for tall buildings. Barnet officers suggest the preparation of a joint Edgware Road townscape and urban design strategy document to properly inform the development of key sites along this part of the A5. 4) Significant concerns remain about both the traffic impact and parking provisions of the scheme, in particular the proposed level of 60% car parking.

1. MATERIAL CONSIDERATIONS

National Planning Policy Guidance / Statements Planning Policy Statement 1 (Creating Sustainable Communities)

Planning Policy Guidance Note 3 (Housing)

111 Planning Policy Statement 6 (Planning for Town Centres)

Planning Policy Guidance Note 13 (Transport)

Planning Policy Guidance Note 24 (Noise)

The Mayor's London Plan (consolidated with alterations since 2004) Relevant policies are: 2A.1, 3A.1, 3A.3, 4B.1, 4B.3, 4B.9, 4B.10, 5B.2, 5B.3.

The London Plan identifies Colindale as an Opportunity Area with a capacity for 10,000 new homes and 500 new jobs.

Relevant Barnet Unitary Development Plan Policies Adopted Barnet Unitary Development Plan (2006) – GSD, GMixedUse, GEA, GWaste, GLand, GBEnv1 – GBEnv3, GNonCar, GLoc, GRoadNet, GParking, D1 – D7, D11, D17, D18, M10, M13, M14, H16 – H18, H20 and H21.

The Three Strands Approach In November 2004 the Council approved its "Three Strands Approach", setting out a vision and direction for future development, regeneration and planning within the Borough. An updated edition was published in June 2008. The approach, which is based around the three strands of Protection, Enhancement and Growth, will protect Barnet's high quality suburbs and deliver new housing and successful sustainable communities whilst protecting employment opportunities. The third strand 'Growth' responds to Barnet's significant growth potential and sets out how and where sustainable strategic growth, successful regeneration and higher density can take place across the Borough. The Three Strands Approach establishes Colindale as one of three strategic opportunity areas for high quality sustainable growth within Barnet.

Relevant Planning History in the Area WA0126D/06 – Oriental City, Edgware Road, Edgware NW9 (within London Borough of Brent) – Full Environmental Impact assessment application for the demolition of existing buildings and redevelopment for mixed use purposes, comprising Class A1 retails (with a replacement Oriental City, new B & Q, 520 residential units (comprising 1, 2 and 3 bed units) located in eight blocks rising to 3, 6, 9 and 18 stories above a fifth floor level landscaped podium along the Edgware Road, rising to 8, 4, 5 and 2 stories above the fifth floor landscaped podium facing Plaza Walk and rising to 3 and 6 stories above the Grove Park street level. Also, a nursery and primary school for 480 children, health & fitness studio (Class D2), associated landscaping, servicing, 1069 car-parking spaces (718 for retail and 351 for residential) and works to highway – Barnet Planning & Environment Committee 26th September 2006 resolved: That the Director of Planning of the London Borough of Brent be informed that whilst the London Borough of Barnet supports the social, economic, community and regeneration benefits of this mixed use, high denisty scheme it does have the following reservations: 1. The retail element of the proposal has the potential to have an adverse impact on the role and function of Edgware Town Centre. It is accepted that the suggested restriction on the type of retail permitted at this location – the replacement of Oriental City, a B& Q warehouse and a restriction on the remainder of the floorspace to bulky goods – will minimise any possible effect on the vitality and viability of Edgware town centre. However, it is considered that the retail statement has not demonstrated a comprehensive approach to sequential site selection nor that the sites identified in Barnet have been fully considered. We would welcome further discussions on this issue with the London Borough of Brent and their advisers.

112 2. Concerns remain about the height and massing of the development and the impact on the street scene of the raised retail floorplate of this development and in particular the pedestrian environment created. Concern also remains about the precedent created by the very tall residential tower for other sites along the Edgware Road, in the absence of any coherent and robust tall buildings analysis against the Mayor’s London Plan and CABE and English Heritage guidance.

3. Significant concerns remain about both the traffic impact and parking provisions.

4. The provision of the site for a new primary school is welcomed. Concern exists over whether the money is available to build and run the school and in relation to the quantum of external play space and parking. It is unlikely that there will be any surplus places in Barnet primary schools to accommodate children from this development.

W00407AZ/07 – Green Point, Edgware Road, Colindale, London NW9 – Demolition of existing building and erection of a mixed use building up to 8 storeys high comprising 86 residential units, 1181 metre square of A1 non-food retail floorspace (Class A1) and 569 metre square of either office (Class B1) or livework accommodation with 121 basement / ground floor residential and 23 ground floor commercial car parking spaces and vehicular access from the Greenway – approved at appeal 2008.

W00084AE/06 – Former National Grid / Kidstop Premises, Corner of Edgware / Colindale Avenue, Colindale, London NW9 – Demolition of existing buildings and erection of mixed use development comprising 84 residential units and 375sqm of business (class B1) floorspace within 3 buildings of 3-8 storeys in height together with associated amenity space, landscaping, access and car-parking – approved after Section 106 on 27.10.06.

W01156AH/07 – Zenith House, Edgware Road, Colindale, London NW9 – Demolition of part of existing office / warehouse building including retention of front facade and partial rebuild, and erection of two to eleven storey buildings at podium level to comprise 215 residential units with 215 car parking spaces within basement, 4286sqm of Class D1 (Community Centre) on the ground and first floors with 225 associated parking spaces within the former warehouse building (at ground, mezzanine and first floor levels), 293sqm Class A3 (restaurant) on the ground floor with 5 associated car parking spaces within the basement, a landscaped courtyard at podium level with children's play area, pedestrian access from Colindale Avenue, and erection of single storey enclosures to accommodate refuse storage, cycle storage and plant machinery – approved after Section 106 on 5.10.07.

2. PLANNING APPRAISAL

Site Description and Surroundings: The application site comprises approximately 1.5 hectares of land on the west side of the Edgware Road (A5) in the London Borough of Brent. The site is rectangular in shape with its main street frontage onto Capitol Way while the eastern edge faces onto Edgware Road. Existing vehicular access is from Capitol Way.

The site currently comprises two large retail units. The unit facing Edgware Road is occupied by Wickes DIY store, the site also includes a large car park, with in excess of 200 parking spaces and units to the rear which are partly occupied by Goodnight Beds.

113 Immediately to the south of the site is Asda food store and beyond that, Oriental City and a recently completed housing development, Airco Close (Stadium Housing Association). To the north is a Mercedes Benz car showroom. To the north west of the site is the Capitol Way Industrial Estate. To the east of the site, across the Edgware Road within Barnet there is a car showroom and office buildings.

The site is just over 1km from Colindale Underground Station and has a Public Transport Accessibility Level (PTAL) of 3.

Proposal A planning application has been submitted by Royal London Asset Management and Kitewood Estates for for a residential led mixed use development of the Wicks site and other land on Capitol Way off the Edgware Road in the London Borough of Brent. The application proposes the demolition of the existing buildings and redevelopment comprising of: A 6 storey podium development facing Capitol Way and 19 storey tower fronting Edgware Road; 462 self-contained flats; 6,191sqm of retail floorspace (Use Class A1); 1,125sqm of mixed uses (Use Classess A1 & B1); 706sqm community/health centre (use Class D1); 97sqm of creche facilities (Use Class D1); 278 residential car-parking spaces; 500 residential cycle-parking spaces; 80 commercial car-parking and cycle-parking spaces; Access from Capitol Way and Plaza Walk.

Planning Considerations Members will recall the application for the development of the Oriental City site within Brent which was presented to the Planning & Environment Committee on 27 September 2006. This significant scheme was eventually approved by Brent Council in 2007 although the financial viability of the scheme has proved to be undeliverable and the approved development is unlikely to be built out in its current form.

The current application for development of the Wicks site on Capitol Way poses the same issues for consideration as the Oriental City development. The main material planning considerations for this application are: Implications in relation to the Colindale Area Action Plan; Impact of the retail element of the scheme on local town centres within Barnet; Density of development; Impact on the streetscape of the Edgware Road; Impact on highways infrastructure.

Implications for Colindale Area Action Plan (AAP) – Barnet Council is currently preparing an Area Action Plan for Colindale. This is a planning document that will provide a framework to guide and inform development in Colindale to 2021. It will contain guidance on sustainable development, address land use issues and will help to ensure balanced growth through co- ordinating development interests. It will also identify a number of key infrastructure improvements are needed to support the delivery of growth in Colindale.

The Council has completed the Preferred Options stage of the AAP process and is now preparing the Publication Draft which will go forward to the Examination in Public. Once adopted, the Colindale AAP will form a material consideration, under Section 38(6) of the Planning and Compensation Act 2004, in the determination of any planning applications for sites in Barnet within the AAP area. 114 The emerging AAP sets out a spatial plan for the area and identifies four main opportunity areas, the 'Corridors of Change' which are focussed around Colindale Avenue, Aerodrome Road, Edgware Road and Grahame Park Way. Whilst the AAP boundary runs down the A5, the Edgware Road Corridor of Change responds to the cross borough boundary nature of this stretch of the A5 between Colindeep Lane and Capitol Way. The AAP takes account the development potential of the sites that are located on the Brent side of the road.

The Edgware Road Corridor of Change sets the following vision: The AAP aims to transform the character of this area of Edgware Road into a thriving mixed- use movement corridor to increase movement capacity and provide a focus for employment, housing and appropriate out of centre retail, all set within an improved public realm incorporating Edgware Road Boulevard.

Whilst policy decisions have to be made in each borough, Barnet planning officers are currently liaising with Brent officers through the preparation of the Colindale Area Action Plan and have identified the need for urban design and townscape analysis of this part of the Edgware Road to inform the preparation of supplementary planning guidance which could be used in both boroughs. This work has yet to be undertaken and is considered to be necessary before significant developments such as that proposed at Capitol Way can be justified.

Impact on Local Town Centres – Planning Policy Statement 6 (March 2005) seeks to promote vital and viable town centres. It focuses on promoting existing and managing change within town centres and reinforces the hierarchy of location and states that applications for large retail developments should be required to demonstrate: • The need for development; • That the development is of an appropriate scale; • That there are no more central sites; • That there are no unacceptable impacts on existing town centres; • That locations are accessible.

Policy 2A.9 of the London Plan states that boroughs should should seek to enhance the quality of life, economy and environment of suburban London by "... focusing retail, leisure, key commercial activity and community services in town centres; increasing housing provision within them; improving their safety and security and where necessary promoting public transport accessibility and capacity improvements."

Planning policy emphasis is therefore for town centre retail development.

Brent Council's emerging LDF Site Allocations – preferred options proposes identifies the site for: ‘Mixed use redevelopment for retail (bulky goods) or for car showroom, with residential development above. B1c light industry and / or live work development to act as buffer along the western section of the allocation. The Council will prepare planning guidance for this site. Proposals should have regard for existing cycle route to the north of the site and should explore the provision of north/south pedestrian access from Capitol Way to Carlisle Road. In addition, the existing bus turning and driver facilities should be retained or improved. HGV parking should be discouraged.”

The existing buildings on the site comprise 6,290sqm of retail floorspace. The application proposes a total of 8,036sqm of retail floorspace which comprises 6,111sqm of replacement retail provision (5,362sq.m retail bulky goods + 749sq.m garden centre and compound), and 1,925sqm of new mixed use commercial floorspace for retail (Class A1) and / or office (Class B1).

115 The applicant's Planning Statement suggests that whilst the existing buildings currently provide 6290sqm of retail floorspace, the creation of mezzanine floors within the existing buildings under Permitted Development could provide a total permitted floorspace of 11,552sqm. The applicants then argue that as a result of this potential permitted floorspace, they are actually reducing the level of retail floorspace on the site by only providing 8,036sqm in the new scheme. On this basis the applicants considered that it was not necessary to prepare a full Planning Policy 6 retail assessment.

An amendment to Section 55 of the 1990 Act (as amended by section 49 of the 2004 Act) and the insertion of article 2A into the Town and Country Planning (General Development Procedure) Order 1995 which came into force in May 2006, provides powers for Local Planning Authorities to control the addition of mezzanines of 200sqm or more in large retail units. What was previously permitted development now requires planning consent. Therefore the claim that the existing buildings could accommodate 11,552sqm is incorrect.

The replacement of the existing Wicks store with a new store of a similar size is accepted. However the scheme will generate 1,925sqm of new additional retail floorspace without any PPS 6 sequential test or justification for providing it in this location. Significant concern remains about the principle of this level of retail development in an out of centre location which is contrary to government, strategic and local plan policy. Officers would wish to discuss further evidence from the applicants relating to the sequential approach and alternative locations within Barnet.

Density of Development – Table 3A.2 of the London Plan Further Alterations sets out a density matrix which is a tool to show ranges of housing density which relate to location of the development in proximity to major town centres and public transport hubs and the character of the surrounding area. The application site is located in an area with a Public Transport Accessibility Level (PTAL) of 3. As a result the site falls within a density range of 200-450 habitable rooms per hectare (hr / ha) or a maximum of 170 dwellings per hectare (dw / ha). The GLA advise that the upper end of the scale is only achievable through exceptional design and great care must be taken to ensure that the amenity of future occupiers is not harmed by such density.

The applicant's state that whilst their site only has a PTAL of 3, they consider that it could be increased to a PTAL of 4 with significant investment and improvement in public transport. The corresponding London Plan density range for this PTAL level is 200-700 hr / ha. The application therefore proposes a residential density of 851 hr/ha which equates to 296 dw / ha.

This density is significantly above the top end of the London Plan recommended range for a site with a PTAL of 4 yet the application site only has a PTAL of 3 and is located at least 15 minutes walk from the nearest tube and is not in a town centre location.

Impact on the Streetcape of Edgware Road – London Plan Policy 4B.9 states that the Mayor will promote the development of tall buildings where they create attractive landmarks enhancing London’s character.

London Plan Policy 4B.10 sets out the criteria to assess applications for larger scale buildings and states that large scale buildings should be of the highest quality design and in particular, be suited to the wider context in terms of their relationship with other buildings, streets and public and private spaces, and be appropriate to the transport capacity of the area ensuring adequate, attractive, inclusive and safe pedestrian and public transport access.

The proposal includes a 19 storey tower facing Edgware Road. No explanation is provided as to whether such a ‘local landmark’ can be justified in urban design terms. 116 The proposed development will represent a dramatic change in scale along the Edgware Road. Most properties along the road are 2 to 3 storeys punctuated with occasional tall buildings such as Merit House (14 storeys) which often sit next to inter-war two storey houses.

Approved schemes in Barnet such as 1 Colindale Avenue on the former Kidstop site (up to 8 storeys) and Green Point (up to 8 storeys) are considered to be of an appropriate scale for the Edgware Road. There are considered to be key locations where taller buildings would be appropriate such as Zenith House (14 storeys) on the corner of Edgware Road and Colindeep Lane where the building has a large space in front of it to provide an appropriate setting and creating a key focal landmark.

The decision of Brent Council to approve the Oriental City application in 2007 for a scheme comprising a 23 storey tower has set a precedent that other developers are following. Without proper guidance, there will be pressure from developers to build towers on each of the sites in Brent along this stretch of the Edgware Road which could result in an oppressive 'tunnel' effect.

Further work is therefore needed to identify appropriate locations for tall buildings along this part of the Edgware Road and provide an appropriate strategy to inform developments on sites including Capitol Way.

Transport & Highway Impacts – This site is situated within the adjoining borough of Brent, on the west side of the A5 and: • has a PTAL (public transport accessibility level) score of 3 (on a scale of 1-6 where 1 is Low & 6 is High). Colindale (Northern line) is the nearest tube station and is just over 1km walk away. • Colindale Controlled Parking Zone (including Annesley Avenue) is subject to a one hour restriction, Mon-Fri 2-3pm, whereas The Greenway and environs are not protected by parking restrictions. • has reasonably good access to a range of facilities.

There are concerns about the robustness of the analysis set out within the Transport Assessment submitted in support of the planning application. What is clear however, is that the proposals will result in a significant increase in trip-making to and from this location, that a substantial proportion of this movement will be car-borne, and that vehicular movement to and from the site will be via the A5.

In terms of the transport aspects of the development proposals, there are three significant areas of concern: • Parking • Traffic impact • Other transport impacts

Parking – Dedicated car parking for the residential element of the scheme is provided at the ratio of 0.6 spaces per residential unit (60%). Although this appears to be in line with the parking standards adopted by LB Brent, concerns are raised that car ownership levels could exceed provision and potentially result in impacts within LB Barnet. A total of 174 parking spaces are provided for the commercial element of the scheme and the development of a Parking Management Plan (potentially involving shared use) could help to address these concerns.

117 Traffic Impact – No improvements have been proposed at the junction of the A5 / Colindale Avenue. It is considered essential that a recognition and financial contribution is made to highway improvements at this junction, which is recognised as being at / near capacity at peak times.

Other Transport Impacts – The increased trip making that will result from the development needs to be fully considered and appropriate mitigation and improvements provided. Given the low level of car parking provided within the scheme this is likely to include a contribution to improvements to the pedestrian environment between the site and Colindale tube station, funding support for increased frequency of bus services as necessary, and funding to allow a review and potential enhancement of waiting restrictions within LB Barnet.

The above concerns should be addressed through an appropriate Section 106 agreement involving relevant parties but the application has failed to properly recognise and address the transport implications arising from the development.

3. CONCLUSION

The London Borough of Barnet does not object to this proposal in principle and considers that an innovative mixed use development on this site would be appropriate. It does however have reservations about the level of additional retail floorspace envisaged, the density of the residential development, the height of the proposed residential tower and potential highway impact. On this basis it would like to see further consideration of these matters to ensure full compliance with strategic and local policy guidance.

118 SITE LOCATION PLAN: Land at junction of Edgware Road, Capitol Way, London NW9

REFERENCE: H/00030/08/CNA

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