PDU Case Report XXXX/YY Date
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planning report PDU/2857/02 2 October 2012 Land at Colonial Drive, Bollo Lane, Chiswick Park in the London Borough of Ealing planning application no. P/2012/0338 Strategic planning application stage II referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal Demolition of the existing warehouses and the erection of a mixed-use development of up to eight storeys comprising 124 residential units (33 x affordable and 91 market units), 589sq.m of office space (Use Class B1) and a 478 sq.m. childcare facility (Use Class D1). The provision of 12 disabled car parking spaces and four integral cycle stores. Provision of footpath on North boundary to link Bollo Lane to Chiswick Business Park, associated public realm, landscaping and toddler play space. The applicant The applicant is Blackstone Ltd. and the architect is BFLS. Strategic issues The Mayor previously raised issues relating to housing, children’s playspace, design, inclusive design, climate change, biodiversity, noise air quality and transport. These matters have now been satisfactorily resolved and the proposed application is acceptable in strategic planning policy terms. The Council’s decision In this instance Ealing Council has resolved to grant permission, subject to the satisfactory completion of a legal agreement under Section 106. Recommendation That Ealing Council be advised that the Mayor is content for it to determine the case itself, subject to any action that the Secretary of State may take, and does not therefore wish to direct refusal or direct that he is to be the local planning authority. Context 1 On 9 February 2012 the Mayor of London received documents from Ealing Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. This was referred to the Mayor under Category 1B of the Schedule to the Order 2008: “Development… which comprises or includes the erection of a building or buildings outside Central London and with a total floorspace of more than 15,000 square metres.” 2 On 13 March 2012 the Mayor considered planning report PDU/2857&2857a/01, and subsequently advised Ealing Council that the application did not comply with the London Plan, for the reasons set out in paragraph 105 of the above-mentioned report; but that the possible remedies set out in paragraph 106 of that report could address these deficiencies. 3 A copy of the above-mentioned report is attached. The essentials of the case with regard to the proposal, the site, case history, strategic planning issues and relevant policies and guidance are as set out therein, unless otherwise stated in this report. Since then, the application has been revised in response to the Mayor’s concerns (see below). On 16 May 2012 Ealing Council decided that it was minded to grant planning permission and on 25 September 2012 it advised the Mayor of this decision. Under the provisions of Article 5 of the Town & Country Planning (Mayor of London) Order 2008 the Mayor may allow the draft decision to proceed unchanged, direct Ealing Council under Article 6 to refuse the application or issue a direction to Ealing Council under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application and any connected application. The Mayor has until 9 October 2012 to notify the Council of his decision and to issue any direction. 4 It should be noted that Ealing Council formally adopted its Core Strategy in April 2012. 5 The decision on this case, and the reasons will be made available on the GLA’s website www.london.gov.uk. Update 6 A the consultation stage the Council was advised that the application complies with some London Plan polices but not with others, for the following reasons: Principle of development: The site is specifically identified as being suitable for a mixed- use redevelopment in both Ealing’s Employment Land Review and its draft Development site DPD and the site is being released from its current employment designation in a managed and planned way. Therefore, the loss of borough employment land is accepted and the principle of an alternative mix of uses on the site is acceptable. The principle of the application for the proposed Bridge has been established by the extant permission and it is therefore acceptable. Mix of uses: The proposed mix of office, creche and residential units is acceptable in principle on this site. Affordable housing: Further information and discussion is required to determine whether the application complies with London Plan affordable housing policy. Density: The density complies with London Plan Policy 3.4. Children’s Playspace: The application complies with London Plan Policy 3.6, subject to further details of the proposed contribution. The contribution should be secured through the section 106 agreement. Urban design: The application does not comply with London Plan design policy. Inclusive design: Further information is required to comply with London Plan Policy 7.2. Climate change: The carbon dioxide savings exceed the targets set within Policy 5.2 of the London Plan and the application complies with this Policy. Biodiversity: The application does not comply with London Plan Policy 7.19. Noise: Further information is required to determine whether the application complies with London Plan Policy 7.15. Air quality: Further discussion and information may be required to determine whether the application complies with London Plan air quality policy. Transport: Further information is required to ensure the applicant complies with London Plan transport policy. 7 It was also advised that the following changes might, however, remedy the above- mentioned deficiencies, and could possibly lead to the application becoming compliant with the London Plan: Affordable housing: The Council should send a copy of the independent assessment of the applicant’s viability appraisal to officers when it has been received. Further discussion will be required with the Council and applicant at that stage. Children’s Playspace: Further details of the proposed financial contribution are required. The contribution should be secured through the section 106 agreement. Urban design: The applicant is required to address the concerns raised regarding the internal layout of some of the units and the way in which the ground floor of the development addresses the public realm. Inclusive design: The applicant should include typical flat layouts that demonstrate that the Lifetime Homes criteria have been addressed. It should also indicate on the plans where the wheelchair accessible flats are located. The applicant should demonstrate the adaptability of homes proposed. The Council should secure the appropriate management and maintenance of the external lift associated with the Bridge through the section 106 agreement, including a clause which will ensures repairs are made as soon as is practicable possible. Climate change: The proposed energy strategy should be secured via condition. Furthermore, the applicant should provide roof drawings showing potential location for PV, a drawing showing the route of the heat network linking all buildings on the site should be provided and confirm the location and floor area of the energy centre for the development. Biodiversity: Further discussions are required between officers, the applicant the Council and the London Wildlife Trust to determine the best approach to avoid adverse impact on the reserve and to sufficiently mitigate any impacts. Noise: The measured noise levels should be reviewed and clarified, especially noise from railway lines to the north boundary of the site and vibration from trains should be assessed in greater detail, preferably based on site measurements. Furthermore, balconies should be treated as private amenity spaces and that appropriate noise levels within such spaces should be maintained. The council should impose suitable conditions are to ensure reasonable or good internal acoustic conditions for residents and to ensure a reasonable or good standard of protection for the local environment due to noise arising from the development itself. Air quality: Further discussion and information may be required to determine whether the application complies with London Plan air quality policy. Transport: The applicant is required to address the lack of assessment of the pedestrian and cycle network surrounding the site and provide an updated Travel Plan and a Construction Logistics Plan. The level of parking, the Travel Plan and the Construction Logistics Plan should be secured by condition or within the Section 106 agreement. Affordable housing 8 At the consultation stage the applicant proposed 33 affordable units, 27% of the total number of units (and by habitable room) with a 70:30 intermediate to social rented split (59:41 split by habitable room). The Council was required to send a copy of the independent assessment of the applicant’s viability appraisal to the GLA to inform further discussion with the Council and applicant regarding the affordable housing offer. 9 The independent assessment of the viability appraisal indicated that the affordable housing offer put forward by the applicant was not the maximum reasonable amount that could be sought without impacting the viability of the scheme. Ealing Council subsequently secured an off-site cash-in-lieu payment of £1.2 million for the provision of eight/ten family homes to be built by the Council through the Local Authority New build Programme. 10 Paragraph 3.74 of the London Plan states that affordable housing provision is normally required on-site and only in exceptionally circumstances should it be provided off-site or through a cash in lieu contribution ring fenced, and if appropriate ‘pooled’, to secure efficient delivery of new affordable housing on identified sites elsewhere. The revised early minor alterations to the London Plan (consultation draft June 2012) strengthens the policy position regarding off site provision for affordable housing further.