PLANNING APPLICATIONS COMMITTEE 15 March 2012 Item No:08
UPRN APPLICATION NO. DATE VALID
10/P3119 18/11/2010
Address/Site: Raynes Park Playing Fields, Cannon Hill Lane, SW20 9EB.
Ward: West Barnes
Proposal: Application for outline planning permission for the residential development of part of the existing playing fields, with the erection of 53 new dwellings [comprising 12 two bedroom flats, 22 three bedroom and 19 four bedroom houses in two and three storey buildings] and the creation of new all- weather floodlit playing pitch. [Outline approval is sought for access only, with appearance, landscaping, layout and scale reserved for future consideration]
Drawing No’s: 264 112 revision V; Planning Statement; Merton Playing Pitch Study Update; Design and Access Statement; Transport Assessment; Framework Travel Plan [residential and sports ground]; Habitat and Biodiversity Report; Tree Survey and Arboricultural Report; Site Investigation [Land Contamination]; Flood Risk Assessment; Letters from Consulting Engineers Laurence Rae Associates Ltd dated 14.01.2011, 1.8.2011; 27.06.2011 and two letters on the 22.02.2012; and Statement of Community Engagement.
Contact Officer: Tony Ryan [020 8545 3114]
RECOMMENDATION GRANT OUTLINE PLANNING PERMISSION subject to planning conditions and completion of a Section 106 legal agreement.
CHECKLIST INFORMATION. S106 Heads of agreement: affordable housing, sustainable transport, off- site artificial grass pitch, education provision; standard of the service road; community uses; preparing, drafting and monitoring obligations. Is a screening opinion required: Yes Is an Environmental Statement required: No Has an Environmental Impact Assessment been submitted – No;
189 EIA Press notice – No; EIA Site notice – No; Design Review Panel consulted – No; Number of neighbours consulted – 226 original consultation letters [original consultees and 212 response addresses sent reconsultation letters]; Press notice – Yes; Site notice – Yes [x3]; External consultations: Sport England; Environment Agency; Raynes Park and West Barnes Residents Association; Sutton & Merton PCT, Greater London Authority and Natural England; Density – 183 habitable rooms per hectare [219 habitable rooms on a site area of 1.2 hectares]; Number of jobs created: N/A.
1. INTRODUCTION 1.1 This case is brought before the planning committee due to the number of responses received as a result of public consultation; the need for member’s authority to enter into a S106 legal agreement and a request from Councillor Gilli Lewis-Lavender.
2. SITE AND SURROUNDINGS 2.1 The application site forms part of Raynes Park Playing Fields. The playing fields are surrounded by residential properties in Southway [to the north west]; Elm Walk [to the north east]; Cannon Hill Lane [to the south east] and Grand Drive [to the south west]. The character of the surrounding area is made up of two storey residential dwellings in small terraces along Grand Drive and Elm Walk and semi detached buildings in Canon Hill Lane providing maisonettes. Several buildings of three and four storeys in height are located at the junction of Cannon Hill Lane and Grand Drive.
2.2 The rear gardens of the residential properties at 272 to 340 Cannon Hill Lane are separated from the playing fields by a separate plot of land that has vehicular access between 318/320 and 322/324 Cannon Hill Lane. The rear gardens of the properties at 240 to 260 Cannon Hill Lane also do not extend to the boundary with the application site due to the building at 240a Cannon Hill Lane.
2.3 The application site is privately owned by the All England Lawn and Tennis Club [AELTC] with no general public access and managed for use by Kings College School. The site is currently used for a variety of sports, including football, tennis, cricket, rugby and athletics.
2.4 There are two existing vehicular entrances from Grand Drive, the main entrance is between the properties at 214 to 218 Grand Drive with a secondary vehicular access provided adjacent to 174 Grand Drive. The playing fields site also include tennis courts, ancillary buildings and car parking located to the south west of the site behind properties in Grand Drive. The Raynes Park Playing Fields site [including ancillary areas]
190 currently covers an area of 8.5 hectares and within this area there is a grassed area covering 8.1 hectares.
2.5 The site is not situated within a conservation area or an archaeological priority zone and there are no listed buildings in the locality. The Grand Drive end of the application site has a PTAL rating of 2 with the remainder of the site a rating of 1B [where 1a represents the least accessible areas and 6b the most accessible]. The site is not within a Controlled Parking Zone.
2.6 The playing fields are determined by the Environment Agency to be at in flood risk zones one and two. The land is designated as Urban Green Space within the adopted Unitary Development Plan. An adjacent neighbour recently requested that the Council assess all the trees within the playing fields for possible Tree Preservation Orders, after this assessment Tree Preservation Orders have been placed on five trees located to the rear of residential properties in Cannon Hill Lane. The application site is within the West Barnes ward however the Lower Morden ward boundary runs follows the southern boundary of the application site.
3. CURRENT PROPOSAL 3.1 The current planning application seeks outline planning permission for the residential development of part of the existing playing fields, the provision of a new all-weather floodlit playing pitch as part of the retained playing fields and works to alleviate current flooding and drainage issues on the site.
3.2 The current planning application is in outline form only with the applicant requesting that the principle of development is considered in terms of the proposed access arrangements. Should access be considered acceptable by the planning applications committee, matters relating to the appearance of the development, landscaping, layout and scale would be considered as part of a reserved matters application. In line with government circular guidance the applicant has provided indicative details of the likely development layout and stated that the development would be two to three storeys in height.
3.3 The application site is made up of two separate plots of land [enclosed by red lines on the submitted plan] within the larger Raynes Park Playing Fields site. The first plot of land covering 1.2 hectares is located in the eastern corner of the playing fields and behind the properties at 240 to 302 Cannon Hill Lane and 140 to 172 Elm Walk. This land has a road frontage in Cannon Hill Lane of 12 metres, located between the property at 240a Cannon Hill Lane and an electrical sub station building at the rear of 172 Elm Lane. The current application includes a new vehicular access for the proposed residential development within this existing Canon Hill Lane road frontage with the indicative drawing showing a circular road layout within the site.
191 3.4 The proposed residential development on this first plot of land includes the erection of 53 new residential dwellings, comprising 12 two bedroom flats, 22 three bedroom and 19 four bedroom houses in two and three storey buildings. The indicative drawing shows an area of public open space within the development of 560 square metres [0.056 hectares], other areas of incidental open space and 91 parking spaces.
3.5 The second plot of land [0.66 hectares] is located towards the western corner of the site behind properties in Grand Drive and will provide an all weather floodlit sports pitch with a synthetic surface. The remainder of the site will be laid out with four full size grass football pitches, a grass mini football pitch, a cricket pitch, a jogging track, a new play park with the retention of the existing tennis courts and athletics area.
3.6 The following supporting documents have been submitted with the current outline planning application:
Planning Statement; 3.7 The statement considers that the proposal is in line with UDP policy L:7 and PPG17 as any negative impact from the development of a small part of the existing private playing fields will be outweighed by the positive benefits from the proposal. These positive benefits include improving the standard of the retained areas of the playing fields with improved drainage; securing greater community and public use of this facility, the provision of an on site floodlit all weather sports pitch; and the provision of a second off site all weather sports pitch.
Merton Playing Pitch Study Update 3.8 This applicant’s study concludes that whilst there is a predicted potential shortage of football pitches [specifically junior pitches] across the borough in 2025 it has been indentified that there will be a considerable surplus of pitches in the Raynes Park area. This situation is largely due to an uneven distribution of pitches, with greater provision in the north and west of the Borough.
3.9 The current application would result in the loss of one football pitch, which could be considered surplus to requirements within the Raynes Park sub-area. The proposals include converting one of the existing retained grass pitches to a synthetic turf pitch. This change would increase the number of playing hours available in the Raynes Park area. The applicant also intends to provide a financial contribution through a S106 agreement to fund a similar Synthetic Turf Pitch which would increase capacity elsewhere in the Borough.
3.10 The report concludes that provision of either an additional pitch, or improvements to the quality or accessibility of existing sports facilities, in either Morden [where significant potential capacity issues have been identified] or in Mitcham [where there are significant issues of deprivation] would offset the loss of the pitch as a result of the development and provide supply where it is needed more urgently. It
192 could then be argued that the proposal would be ‘of sufficient benefit to the development of sport as to outweigh the detriment caused by the loss of the playing field or playing fields’
3.11 Such a facility would also help to meet the growing demand for youth and mini football, of which a shortage of pitches has been identified across the Borough. It should be noted that sporting needs in the Borough might be better met by improvements to the quality or accessibility to facilities, including renovation of changing buildings or addressing drainage issues at multiple pitches to improve capacity at existing sites.
Design and Access Statement; 3.12 The applicant’s statement explains that the layout of the development has been designed to fit in to the current urban form with the deep gardens of adjacent properties providing a buffer for the proposed housing. Open space will be provided for each new property and communal space will be provided for the flats. Children’s play facilities will be provided and the streets designed to ‘home zone’ standards.
3.13 Hard and soft landscaping would aim to reflect the size, scale and views of the linked outdoor spaces with special attention given to improving the visual relationship between the site and the public realm along the two adjoining streets Grand Drive and Cannon Hill Lane. The use of native plant species will be favoured within the landscape design, using locally sourced nursery stock. Long term maintenance and management regimes will be considered from the outset to ensure the planned landscape is sustainable.
3.14 Material sourcing will be based upon levels of sustainability and local character. These will include materials such as wood, brick, glass, render, slate and tile.
Transport Assessment; 3.15 The applicant’s transport assessment was carried out on the basis of a development of 72 dwellings and this was now been reduced to 53 dwellings.
3.16 The transport assessment concludes that the traffic generated by the new development can be safely accommodated on local roads including existing and proposed local road junctions. Whilst there are facilities and services available in the local area, there are also good local bus services that provide access to local train stations and Wimbledon centre. The assessment states that residents who need to use a car for their travel, would have access to a choice of routes, which would enable them to avoid congested junctions.
3.17 The report concludes that the traffic generated by this development would not result in significant additional traffic noise, and would have a minimal effect on air quality. Adequate parking can be accommodated
193 within the site and so there would be no overspill parking on to the adjacent highway network.
Framework Travel Plans [Residential and Sports Ground]; 3.18 A Framework Travel Plan has been prepared and submitted with the planning application for each element of the development, one plan being for the residential development and the other for the operation of the sports ground. Each of these plans outlines proposals for encouraging sustainable travel for all users of the site.
3.19 The aims of the two travel plans are: - - To influence the travel behaviour of all residents; - To encourage travel on foot, by bicycle and by public transport; - To minimise the number of single occupancy car trips generated by the development; - To reduce local road congestion and improve highway safety; - To promote healthy lifestyles for residents and support a sustainable community.
Habitat and Biodiversity Report; 3.20 The assessment describes the site as a playing field that is maintained to a very high standard by grounds staff. The site consists of extensive amenity grassland with a few scattered trees along the southern boundary and sports facilities and hard surfaces along the western boundary. The site is in a residential area and is surrounded by dwellings, roads and rear gardens with a small private area of scrub and trees to the south.
3.21 It was found that that the site currently has relatively limited value for biodiversity as it consists of a classic ‘green desert’ that is managed to a very high standard for sports facilities. The only significant habitat is the two mature Oaks by the tennis courts, which will be retained as part of the development.
3.22 The development proposals offer the potential for the biodiversity value of the development to be enhanced with the creation of new habitats. Green building techniques such as green roofs, green walls, use of native species in new planting and the provision of nest boxes for birds and bat boxes around the buildings or trees would also be valuable.
3.23 A landscape management plan would pull these measures together to contribute to the London Biodiversity Action Plan and comply with the local planning authority requirements. They could also make a positive contribution to the evaluation under the Code for Sustainable Homes.
Tree Survey and Arboricultural Report; 3.24 The report concludes that the trees on the site are generally low in stature and are subordinate features at the edges of the open grass playing fields. The majority of trees were graded as ‘C’ – low BS retention/quality category. The report considered that the removal of
194 trees could be easily mitigated by new tree planting of a size that reflects the scale of the development and setting. There are also opportunities to improve provision by broadening the diversity of species on the site.
Site Investigation [Land Contamination]; 3.25 A site walkover survey, ground investigation and environmental records show there are no potential sources of contamination within the site or close to the site boundaries. Further soil contamination testing should be undertaken once redevelopment proposals/layout are known, and as part of the recommended geotechnical investigation.
Flood Risk Assessment; 3.26 The submitted flood risk assessment describes the topography of the site with the ground sloping from the west, down towards the north at a gradient of approximately 1:150. The assessment also set out existing drainage provisions on the site and the measures proposed as part of the current planning application to improve the drainage on the application site.
Statement of Community Engagement; 3.27 This statement set out the applicant’s pre-application public consultation. A public exhibition was held at the Pavilion Raynes Park Sports Ground in Taunton Avenue on Tuesday 31 March from 12 noon till 7pm, with invitation letters were sent to the 231 residents who share a boundary with the site. A total of 69 residents attended the exhibition with 37 providing written comments.
4. PLANNING HISTORY 4.1 The planning history most relevant to the current application relates to two other sites in this area, the Sun Alliance Sports Club in Fairway and the London Electricity Sports and Social Association [LESSA] site on Grand Drive. As these developments have similarities to the current application, the assessment and conclusions of the government appointed planning inspectors in allowing these appeals and granting planning permission are considered to be material to the assessment the current planning application.
4.2 The Council refused outline planning permission in October 2006 [LBM ref 05/P2802] for the provision of 50 new residential units on part of the Sun Alliance Sports Club grounds in Fairway. The reasons for refusal were that the applicant had failed to demonstrate that, as required by planning policy guidance note [PPG] 17 that there was widespread support for the proposal and that the access arrangements would prejudice highway safety and residential amenity. The planning inspector who considered the appeal against this refusal concluded that there was ‘…widespread support for, and relatively few [40] objections to, the proposal in principle’ with the main cause for objection being the new vehicular access. The inspector in allowing the
195 appeal and granting planning permission considered that the proposal was in accordance with PPG 17 and that the access was acceptable.
4.3 In February 2009, the Council refused planning permission [LBM ref 08/P1869] for a residential development of 44 dwellings on land that formed part of sports grounds in Grand Drive; these private grounds were previously used by the London Electricity Sports and Social Association [LESSA]. This proposal included provisions for the former private grounds to be made available for community use. In assessing the subsequent appeal, the planning inspector considered UDP policies and PPG 17 and found that the development complied with them.
5. CONSULTATION 5.1 Pre-application stage. Prior to the submission of the current planning application the applicant carried out pre-application public consultation with local residents. A public exhibition was held at the Pavilion Raynes Park Sports Ground in Taunton Avenue on Tuesday 31 March 2010 with invitation letters sent to the 231 residents who share a boundary with the site. A total of 69 residents attended the exhibition with 37 providing written comments. A meeting was also held briefing with Councillors and officers on the 26 August 2010.
5.2 The main issues raised from this consultation were that there was no need for a public park within the residential development, encouragement for more sporting facilities, concern about the potential increase in traffic and a lack of drainage infrastructure and concerns regarding service water runoff. In response to these issues the applicant has omitted the public park; introduced an all weather playing pitch, reduced the number of proposed residential units [from 80 to 72 residential dwellings] with a reduced land area and improved relationships to existing residential properties and introduced a surface water attenuation scheme for the site.
5.3 Application stage. Following the submission of the planning application the proposal was advertised by three site notices displayed in the vicinity of the application site, a major application press notice together with individual letters to 226 neighbouring properties. As a result of this consultation 212 letters [including 136 circular letters] were received objecting to the proposal on the following grounds:
5.4 Traffic and transport Currently used as a cut through to avoid the traffic lights; Adverse impact on traffic and parking; Three other projects in the area cumulative impact on traffic congestion; The area is poorly served by public transport; Proposed access will be on a narrow stretch of Cannon Hill Lane difficult for buses; The development would lead to greater traffic congestion; Local roads would not be able to cope with additional traffic;
196 The proposed access is dangerous on traffic grounds; Will lead to traffic chaos; The emergency services should be consulted on the number of houses proposed in this cul-de-sac; Proposed access of Cannon Hill Lane is dangerous due to poor sightlines; and proximity to a mini roundabout; The extra traffic generated would be harmful to road and pedestrian safety;
5.5 Impact on amenity Loss of outlook from properties in Elm Walk; Increased noise; Undesirable backland development; There is a concern the properties will be given to low income families on housing benefit; Impact of noise from increased use after dark through floodlights; Damage to the ambience of the area; A low rise development would make more sense in this area; The floodlights and increased use of the playing fields will be a source of nuisance from light pollution and noise; Local quality of life will suffer; The relocated all weather pitch will lead to a greater impact on properties in Canon Hill Lane; Noise pollution during construction; Floodlighting should not be required as children should be at home with their families during the hours of darkness; The playing pitch and new houses will lead to a loss of privacy for adjacent residents; If the development is approved details of floodlighting should be subject to full consultation with residents; Any floodlighting would need to be designed to protect adjacent residents; The floodlights would worsen an existing problem with three sets of floodlights in the local area; Loss of a view;
5.6 Flooding and drainage Stipulations on the owners for the maintenance of drainage on adjacent sites has been shown to be ineffective and therefore if the Local Authority is not able to oversee drainage here the application should be refused. Worsen existing drainage problem including flash flooding; Building on the floodplain; More information is required on the SUDS; The development would lead to problems of flooding that will make it difficult for homeowners to insure their homes; Will increase surface water run off; Consultation with the Environment Agency is required;
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5.7 Wildlife and Open Space The proposal would have a serous impact on wildlife [EN:4]. The fields are currently used by a large number of seagulls; Loss of green space; The Mayor of London said that the fields should not be built on; Impact on the character of the playing fields; The fields are classified as MOL and therefore should not be built on [policy H:3]; The land is of nature conservation value and amenity value to residents [policy EN:2]; The proposal is contrary to the open space study; There is a need for playing fields for health reasons; The All England Lawn and Tennis Club are very rich and could donate the fields to the local community if they no longer want them or alternatively sell the site; This is a viable and well used green field site; Greenfield sites used for sport are in great demand; Universal local opposition to the principle of development; Takes away valuable green space with to much lost already locally; It appears that the housing development and sports pitch improvements are not linked together; Developers should use brownfield land rather then playing fields; Green space is scare and invaluable;
5.8 Sport and Recreation The is regularly used for sport; The loss of the playing fields will have wider implications for society such as a worsening of obesity; Disruption and additional traffic will be caused during the construction phase; This proposal is contrary to the aims of the Olympics; There is no need for an additional all weather pitch with existing accessible facilities at North Cheam and Shannon Corner;
5.9 Infrastructure Prior to any planning permission being given the developer needs to commit to improving infrastructure in the local area. Increase in population density; Insufficient capacity in terms of sewage infrastructure nursery places, doctor’s dentists and school places; Additional housing will adversely impact upon education, health, housing, local crime figures, communications and local transport; School class sizes would need to increase which would adversely impact on the quality of education including special needs; Reduce already low local water pressure; Impact on sewage system;
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5.10 General The character of the local area will be lost as it will become built up and crowded; These playing fields give the area it’s identity; No need for more houses or an all weather sports pitch with floodlighting; There is nothing to stop more housing being built sometime in the future, with the complete loss of the playing fields; Adverse impact on local property values; Other developments in the area including The Oaks, LESSA and St Catherine’s redevelopment; Housing targets have already been exceeded and there is no need for any more; Detrimental to the character of the area; The three storey buildings and flats will be out of character in this area; Lack of security with the rear of houses exposed to the public; A covenant would prevents the development of the playing fields; This development is contrary to the Localism Act; The proposal represents over development of this site.
5.11 As part of the public consultation process a public meeting was held at St John Fisher School in January 2011 that was arranged and chaired by local ward councillors. The meeting was attended by the developer and Development Control officers. Following comments made at this public meeting the proposed development was revised again with revisions including a reduction in the number of residential dwellings from 72 to 53 dwellings.
5.12 A petition of 85 signatures was presented at the Council meeting on the 6 April 2011 by Councillor Lewis-Lavender. The petition of 85 signatures raised objections to the proposal on the basis of the congested nature of the Raynes Park Area; the fact that this area that is in a flood plain is being overdeveloped without the necessary infrastructure in place and that there is a need for this land to continue as a sports facility.
5.13 The developer held a further public consultation event on the 7 December 2011 at St John Fisher School to which all the residents surrounding the site were invited as well as residents who had responded as part of the earlier consultation. After this consultation event the developer sent a further letter dated 9 December 2011 to all these residents with a plan showing the relocation of the all weather sports pitch. The revised plans showing the reduction in the number of dwellings and the relocated all weather sports pitch were formally submitted to the Council and further letters sent to all residents surrounding the site and residents that had responded to the earlier consultation.
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5.14 As a result of this consultation 112 letters were received objecting to the development, this included 55 letter restating objections made as part of the initial public consultation. The comments in these letters whilst welcoming the reduction in the number of residential units considered that this reduction would not reduce the overall impact on the neighbourhood.
5.15 Councillor Ian Dysart has stated that the application is flawed and would urge for it to be rejected on the following grounds: The extra volume of traffic it would generate particularly along the congested Cannon Hill Lane and Grand Drive with particular damage to the environment and quality of life; The serous unanswered concerns about potential flooding including drainage ditches and storage. Given the current financial situation the Council would not have the resources to oversee maintenance of a drainage scheme, a reliance on a developer to carry out such work has failed on a different nearby site; The impact of the proposed floodlighting on adjacent properties With developments underway at the former LESSA site and St Catherine’s School site the area has already exceeded local housing targets; In terms of good practice a site notice should have been posted as part of the reconsultation process.
5.16 Councillor Debbie Shears raises objections to the proposal on the following grounds: There has been a rapid rise in the number of dwellings provided in this area and further increases will put a strain on local infrastructure. This is one of the best grass playing surfaces in the borough and the loss of some of the space will impact upon the growing participation in sport. The proposal will worsen existing traffic congestion. The vehicular access on to Cannon Hill Lane is at a dangerous location that has been the scene of several accidents. It is questioned whether the remedial flood works will be sufficient to mitigate impact to adjacent properties. The proposed floodlighting will worsen the current intrusion from sports pitches behind the St Catherine’s School site.
5.17 Raynes Park and West Barnes Residents Association object to the application on the following grounds: The application is in conflict with UDP policy L:7 as the land to be lost is not ‘a small part of the site; the existing sports facility would not be ‘retained and enhanced’ and no alternative provision of land would be made available.
5.18 The proposal would be contrary to the (Merton LDF) core strategy as the development is not on previously developed land, the applicant has
200 failed to demonstrate that there is a need for additional housing and as the development fails to protect the open space network.
5.19 The application is in conflict with PPG17 as the applicant has failed to demonstrate that the playing field is not required for sports use, has failed to demonstrate that that the proposals have local support and has failed to identify and offer a playing field of equivalent or better quality in a suitable location.
5.20 The proposal would be contrary to the London Plan [2011] in that it would result in the loss of protected open space with no equivalent provision made and it would result in the net loss of a sports facility.
5.21 Environmental Health raises no objections subject to planning conditions relating to air quality, noise and nuisance, external lighting, construction times and an informative about contaminated land.
5.22 Thames Water raise no objection to the development including in terms of sewerage infrastructure but recommend planning informatives relating to surface water drainage, public sewers crossing the site, use of petrol and oil interceptors within the residential development and in relation to water pressures for the new dwellings.
5.23 LBM Tree Officer raises no objection to the development subject to planning conditions that seek to retain other trees on the site. Following assessment of the trees on the site a tree preservation order [ref 580 TPO 2012] has recently been placed on five trees that are along the south east boundary of the playing fields. These trees are listed as T1: Lime; T2 Field Maple; T3 Ash; Field Maple and T5 Field Maple.
5.24 LBM Transport Planning raises no objections subject to planning conditions.
5.25 Environment Agency The site is at the Flood Zone 1 / Flood Zone 2 interface and that as such represents a site with a very low probability of flooding - nearer 1 in 1000 year rather than 1 in 100 years. The Environment Agency has no objection to this planning application.
5.26 Natural England raises no objection to the development. The site is not “…a priority site of interest for Natural England”. In the event that outline planning permission is approved Natural England would however expect the developer to update their habitat surveys at the time that the reserved matters application is submitted.
5.27 Greater London Authority The proposal has been considered against The Town and Country Planning [Mayor of London] Order 2008. It is considered that the development is not referable to the Mayor of London under this legislation.
201 5.28 Sport England After consideration of the amendments to the proposal Sport England has removed their previous objection to the development.
5.29 With the proposed improvements to the existing facilities on the application site and the proposed contribution by the applicant to an off site artificial grass pitch it is considered that the proposed development would be of sufficient benefit to the development of sport as to outweigh the detriment caused by the loss of part of the playing fields.
5.30 Sport England have put forward requirements in terms of planning conditions and S106 obligations in order to ensure that benefit is achieved from the development. If these requirements are not fulfilled Sport England would object to the development.
5.31 Sutton and Merton Primary Care Trust. In terms of GP capacity in the Raynes Park area the following comments have been made. There are two GP surgeries in the immediate vicinity of the application site at 132 Grand Drive [Dr Gibby 8429 patients] and 153 Cannon Hill Lane [Dr Woropay 8127 patients].
5.32 It is considered that the extra demand generated by this development could be adequately accommodated by these existing surgeries. There is also scope for increased physical capacity in the area with the new development in Lambton Road, which should be available towards the end of 2012.
5.33 Leisure and Culture Development Team The proposed development is supported if the proposed improvements to sports provision in the borough are secured. This includes improvements to the facilities on Raynes Park Playing Fields, provision of public access and the provision of an off site all weather sports pitch.
6. POLICY CONTEXT National planning Guidance 6.1 Guidance in Planning Policy Statements [PPS] 1 [Delivering sustainable development], PPS 3 [Housing], and PPS 9 [Biodiversity] Planning Policy Guidance [PPG] 17 [Planning for open space sport and recreation] and the Draft National Planning Policy Framework (2011) are most relevant to the assessment of the current planning application.
PPG 17 Planning for Open Space, Sport and Recreation. 6.2 The Government’s advice in PPG17 [2002] sets out that existing open space, sports and recreational buildings and land should not be built on unless an assessment has been undertaken which has clearly shown that open space or buildings and land to be ‘surplus to requirements’. The guidance seeks to ensure that there is an adequate supply of quality sports pitches in a local area to meet current and estimated future demand.
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Draft National Planning Framework [July 2011] 6.3 The Draft National Planning Policy Framework [NPPF] was published on the 25 July 2011. This document is put forward as a key part of central government reforms ‘…to make the planning system less complex and more accessible, and to promote sustainable growth’.
6.4 The NPPF intends to consolidate all current Planning Policy Statements and Planning Policy Guidance notes into a single national policy framework document. Advice from the Planning Inspectorate to Planning Inspectors, who consider appeals against the refusal of planning permission, states that although still in draft form the draft NPPF indicates the Government’s ‘direction of travel’ and is capable of being a material consideration in determining planning appeals and making decisions on planning applications.
6.5 The draft NPPF sets out a presumption in favour of sustainable development and also provides advice on neighbourhood planning; promoting sustainable growth and prosperity; planning for strong, vibrant and healthy communities and looking after the environment and making it better.
6.6 The draft document states that the primary objective of development management should be to foster the delivery of sustainable development, not to hinder or prevent development. To enable each local authority to proactively fulfil their planning role, and to actively promote sustainable development, local planning authorities need to approach development management decisions positively – looking for solutions rather than problems so that applications can be approved wherever it is practical to do so, attach significant weight to the benefits of economic and housing growth, influence development proposals to achieve quality outcomes; and enable the delivery of sustainable development proposals.
6.7 In terms of housing land supply the document states that local planning authorities should identify and maintain a rolling supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements. The supply should include an additional allowance of at least 20 per cent to ensure choice and competition in the market for land.
6.8 In terms of open space it states that open space sports and recreational buildings and land including playing fields should not be built on unless an assessment has been undertaken which has shown the open space, buildings or land to be surplus to requirements or the need for and the benefits of the development clearly outweigh the loss.
6.9 Following consideration of responses to consultation on the draft document the government has stated an intention to publish the final
203 version of the National Planning Policy Framework by the end of March 2012.
The London Plan [July 2011] 6.10 The relevant policies in the London Plan [2011] are: 3.1 [Improving equal life changes for all]; 3.3 [Increasing housing supply]; 3.4 [Optimising housing potential]; 3.5 [Quality and design of housing developments; 3.6 [Children and young people’s play and informal recreation facilities]; 3.8 [Housing choice]; 3.9 [Mixed and balanced communities]; 3.11 [Affordable housing targets]; 3.12 [Negotiating affordable housing on individual private residential and mixed use schemes]; 3.17 [Health and social care facilities]; 5.1 [Climate change mitigation]; 5.2 [Minimising carbon dioxide emissions]; 5.3 [Sustainable design and construction]: 5.7 [Renewable energy]; 5.13 [Sustainable drainage]; 6.9 [Cycling]; 6.10 [Walking]; 6.13 [Parking]; 7.1 [Building London’s Neighbourhoods and communities]; 7.4 [Local character]; 7.5 Public realm]; 7.6 [Architecture]; 7.21 [Trees and woodlands] and 8.2 [Planning obligations].
Merton LDF Core Planning Strategy [July 2011]. 6.11 The relevant policies within the Adopted Core Strategy [July 2011] are CS:8 [Housing choice]; CS:13 [Open space, nature conservation, leisure and culture]; CS:14 [Design]; CS:15 [Climate change]; CS:18 [Active transport]; CS:19 [Public transport]; and CS:20 [Parking, servicing and delivery].
Merton Unitary Development Plan [October 2003] 6.12 The relevant planning policies retained in the Adopted Unitary Development Plan [October 2003] are BE:15 [New buildings and extensions; daylight; sunlight; privacy; visual intrusion and noise]; BE:16 [Urban design]; BE:22 [Design of new development]; BE:25 [Sustainable development]; C:1 [Location and access of facilities]; C:13 [planning obligations for educational facilities]; E:2 [Access for disabled people]; F:2 [Planning obligations]; HS:1 [Housing layout and amenity]; L:5 [Urban green space]; L:7 [Recreational open space]; L:9 [Children’s play facilities]; NE:11 [Trees protection]; PE:7 [Capacity of water systems]; PE:9 [Waste minimisation and waste disposal]; PE:12 [Energy Generation and Energy Saving]; RN:3 [Vehicular access] and Schedule 6: [Parking standards].
Supplementary Planning advice Planning Obligations [2006] 6.13 The Council’s Supplementary advice on planning obligations provides advice on the use of S106 legal agreements to mitigate the impact of development.
New Residential Development [1999] 6.14 The Council’s Supplementary advice on New Residential Development provides guidance on the design and standard of new dwellings provided within the borough.
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Merton Sports Pitch Strategy 2011 [draft] 6.15 As part of the Local Development Framework and update to the 2004 Merton Open Spaces Study, Neil Allen Associates prepared the Merton Sports Pitch Strategy. The preparation of the strategy included providing up to date information on supply and demand for playing pitches across the borough. The Merton Sports Pitch Strategy was published in June 2011.
7. PLANNING CONSIDERATIONS 7.1 The main planning considerations in terms of this outline planning application are to assess the principle of development including the loss of part of the sports fields and the need for additional residential accommodation.
7.2 The consideration of this planning application also needs to assess issues relating to flooding and drainage, impact on residential amenity including impact on sunlight, daylight, privacy and floodlighting, the impact on local infrastructure and services such as school and doctors; and on traffic, transport, parking and servicing.
7.3 The current planning application has been submitted in outline form covering vehicular access issues only. If this outline planning application and the principle of development are considered acceptable a separate future planning application would then consider issues relating to the appearance of the development, landscaping, layout and scale.
Principle of Development - loss of the existing open space. 7.4 Policy CS13 of the Core Strategy states that the Council will protect and enhance the borough’s public and private open space network. Based on assessment of need and capacity, opportunities in sport and recreation will be promoted by safeguarding existing viable relational and sporting facilities and supporting proposals for new and improved facilities Policy 7.18 of the London Plan states that the loss of protected open spaces must be resisted unless equivalent or better quality provision is made within the local catchment area. The replacement of one type of open space with another would be appropriate where this is supported by an up to date needs assessment.
7.5 The Draft National Planning Policy Framework states that existing open space, sports and recreational buildings and land, including playing fields, should not be built on unless an assessment has been undertaken which has clearly shown the open space, buildings or land to be surplus to requirements; or the need for and benefits of the development clearly outweigh the loss.
7.6 Retained Unitary Development Plan [UDP] policy L:7 is applicable to all recreational open spaces within the borough where public access is restricted; this includes the application site that provides private playing
205 fields. UDP Policy L:7 states that “Development which will result in the loss of recreational open space, or of land once used as recreational open space will not be permitted except where sports and recreation facilities can best be retained and enhanced through the redevelopment of a small part of the site, and alternative provision of equivalent community value is made available”.
7.7 UDP Policy L:7 states that applicants will need to demonstrate that: [i] the proposed development would not materially compromise the borough’s position in providing strategically important outdoor sports facilities and that [ii] the development would lead to an improved recreational provision or increased public access to the site and its facilities.
- Definition of a ‘small part of the site’. 7.8 UDP policy L:7 states that development of a ‘small part’ of sports grounds will be permitted, where it can be demonstrated that overall provision of outdoor sports facilities will not be compromised and that provision will be improved and public access increased.
7.9 Whilst policy L:7 does not provide an actual definition of ‘a small part of the site’, the planning inspector in considering the appeal on the LESSA site concluded that redevelopment of 16% of the total area of this site would represent a ‘small area’ and would be in line with UDP policy L:7.
7.10 The current application relates to a residential development on part of the Raynes Park Playing Fields. The playing fields cover an area of 8.5 hectares and the land that would be taken by the residential development covers an area of 1.2 hectares. The residential development would therefore occupy 14% of the total site area. This land coverage is below the 16% figure that was considered in line with the Council’s policies by the planning inspector who considered the appeal on the nearby LESSA site.
- [i] Provision of strategically important outdoor sports facilities. 7.11 The first test in UDP policy L:7 is whether the proposed development will materially compromise the borough’s position in providing strategically important outdoor sports facilities.
7.12 The Council’s Merton Open Spaces Study [MOSS] was carried out in 2005 and included a survey of Merton’s publicly accessible open space. This study included a playing pitch assessment in 2004 [carried out by WS Atkins] and an open space audit. In preparing the current planning application the applicant commissioned WS Atkins to carry out an update to the 2004 playing pitch assessment. The Merton Playing Pitch Assessment Update published in July 2010 has been submitted with the current planning application.
206 7.13 This study has concluded that whilst there is a potential shortage of football pitches [specifically junior pitches] across the borough in 2025 it has been indentified that there will be a considerable surplus of pitches in the Raynes Park area. This situation is largely due to an uneven distribution of pitches, with greater provision in the north and west of the Borough.
7.14 As part of the Local Development Framework and update to the 2004 Merton Open Spaces Study Neil Allen Associates prepared the Merton Sports Pitch Strategy. The preparation of the strategy included providing up to date information on supply and demand for playing pitches across the borough. The Merton Sports Pitch Strategy was published in June 2011.
7.15 This study made recommendations that included a need to secure the retention and enhancement of all cricket pitches. There was also a need to support the development of a third generation Artificial Grass Pitch to accommodate football in the short term at the Hub in Morden, and an additional pitch in the longer term, at a site including the application site or Morden Park or Prince George’s Fields and to ensure that widespread community use is available.
7.16 Sport England is the government agency responsible for promoting sport in this country. When considering planning applications for the development of playing fields local planning authorities are legally obliged to consult with Sport England [as a statutory consultee]. The role of Sport England is to ensure that there are sufficient sporting facilities available in local areas to meet current, and estimated future demand and that these facilities are of an appropriate standard. This policy objective is also set out in Planning Policy Guidance Note 17: Planning for Open Space, Sport and Recreation.
7.17 The studies into provision of sports pitches in the borough commissioned by the applicant [Merton Playing Pitch Assessment Update July 2010] and the Council [Merton Sports Pitch Strategy June 2011] have both been assessed by Sport England. The Merton Sports Pitch Strategy June 2011 highlights the need to address current and future shortfalls in mini soccer and pressures on junior pitches and the need to secure the provision of up to 17 additional football pitches. The strategy identifies a need for an additional two new third generation artificial grass pitches [3G AGP’s] in the borough.
7.18 In considering the circumstances where open space is lost the explanatory text to UDP policy L.7 and Planning Policy Guidance 17 states that developers will need to consult the local community and demonstrate that their proposals are widely supported by them. This issue was considered as part of the appeal against the refusal of planning permission for residential development on part of the London Electricity Sports and Social Association [LESSA] grounds the appeal inspector considered the need for public consultation and to
207 demonstrate wide community support. Whilst acknowledging that there was not wide community support for the LESSA development the inspector still considered that the development was acceptable due to the applicant’s public consultation with local residents and the wider benefits of the proposal that were supported by the community.
7.19 In terms of the current planning application the applicant has carried out public consultation with local residents on several occasions, including prior to the submission of the planning application, and during the assessment on the planning application included a public meeting in January 2011 and a separate open evening in December 2011. Following this consultation and comments that were made by residents various changes were made to the proposal including a reduction in the number of residential units from 80 to 53. At the public meeting comments were made by residents about the possibility of providing sheltered accommodation for the elderly on the site, the applicant has investigated this change but providers of this type of accommodation had no interest in the site in this location and size.
7.20 In similar circumstances to the LESSA development whilst there is not community support for the proposed residential development and flooding, there is general support for other improvements to Raynes Park Playing Fields and works to improve current drainage and flooding issues. In these circumstances and in line with the appeal inspectors assessment the current proposal is considered in line with UDP policy L.7 and planning policy guidance note 17.
- [ii] Improved recreational provision or increased public access. 7.21 In assessing the impact of the proposed development on Raynes Park Playing Fields, Sport England has consulted with the England and Wales Cricket Board [ECB] and the Football Association.
7.22 Whilst the ECB has no objection to the current planning application they did express a concern in relation to the lack of availability of the cricket pitch on the application site for community use. It is reported that community use was previously available before there was a change in management at the site.
7.23 The draft Merton Sports Pitch Strategy [June 2011] states that there is only just enough cricket pitches in the borough to meet current demand and Sport England consider that the loss of this cricket pitch for community use would therefore have put a strain on other cricket pitches.
7.24 The Football Association have confirmed that whilst the existing pitches on the application site are well used, there is a strong need for improvements to drainage on the site. The Football Association report a shortage of pitches generally across the borough and state that there is a need for three additional floodlit artificial grass football pitches.
208 7.25 In conclusion the development is considered in line with UDP policy L:7 in that it will maintain the borough’s position in providing strategically important outdoor sports facilities and will improve recreational provision and will increase public access to these sports facilities.
7.26 In assessing proposals that involve sporting and recreational open space uses policy CS13 of the Council’s Core Strategy, policy 7.18 of the London Plan and the Draft National Planning Framework refer to a requirement for an up to date needs assessment to ensure that viable facilities are retained, there should be support for proposals that provide new and improved facilities and the loss of open spaces will be resisted unless equivalent or better quality provision is made within the local catchment area
7.27 The benefit from the current proposal is achieved in several different ways. As noted by the Football Association the application site currently suffers from poor drainage, this currently results in areas of the site being waterlogged and unavailable for use for significant periods of time. The submitted proposal includes works to improve the drainage on the site, which will allow the existing site and retained sports pitches to be used to their full potential.
7.28 The current application includes an all weather pitch, which with the proposed floodlighting will increase the number of hours that the facility can be used. It is also intended as part of a S106 obligation for the applicant to make a financial contribution for the provision of an additional all weather pitch elsewhere in the borough and to ensure that the on site Artificial Grass Pitch is maintained for a minimum period of 15 years. The S106 agreement will also secure increased community use of the site and the improved facilities through an S106 obligation.
7.29 When considering planning applications for the development of playing fields Sport England oppose any development that would result in the loss of, or would prejudice the use of a playing field in all but exceptional circumstances. In assessing whether exceptional circumstances exist an assessment is made as to whether the positive benefit from a development would outweigh the negative impact caused by the loss of the playing fields. Sport England consider that these exceptional circumstances exist in relation to the current planning application and subject to the control of the development through s106 legal obligations and planning conditions Sport England raise no objection to the current planning application.
Density of Development 7.30 The London Plan [including Table 3.2 Sustainable residential quality density matrix) provides advice on maximising the potential of sites to ensure that development proposals achieve the maximum intensity of use compatible with local context, design principles and public transport capacity.
209 7.31 The density of the submitted development is 183 habitable rooms per hectare with a Public Transport Accessibility level of 1b and 2. This density is within the recommended density range of 150 – 250 habitable rooms per hectare set out within the London Plan for similar locations.
Traffic, car parking, access, servicing, cycling and walking 7.32 The Grand Drive section of the application site has a PTAL rating of 2 with the remainder of the site a rating of 1B [where 1a represents the least accessible areas and 6b the most accessible]. The area benefits from the number 163 and 413 bus routes that provide access to Morden and Wimbledon; there are facilities and services available in the local area including shops along Grand Drive.
– Traffic 7.33 In accordance with Department for Transport (DfT) and Transport for London (TfL) guidance, the applicant has produced a Transport Assessment (TA) in order to quantify the impact of the development proposals. In summary, officers consider that the work undertaken by the applicant in the TA, using standard and acceptable methods provides a robust assessment of the transport impact issues associated with the proposals.
7.34 The development will provide 53 new residential dwellings. In order to quantify the impact of the development, the applicant has undertaken traffic counts on 2 local cul-de-sac roads; Oakway (a residential cul-de- sac off Grand Drive serving 45 dwellings) and Woodlands (a residential cul-de-sac off Southway serving 33 dwellings). Both of these locations share a comparable level of public transport accessibility to the development site and officers are satisfied with the assumption that the trip rates associated with these roads will be comparable to the development site.
7.35 Based on this assessment, it is estimated that the development will generate 19 trips during the AM peak hour (4 arrivals, 15 departures) and 25 trips during the evening peak hour (17 arrivals, 8 departures). The distribution of this traffic on to the highway network is complex, given the variety of route choices available to car drivers in the area. However, given the level of flows on the existing network (i.e. almost 2000 vehicles passing through the Cannon Hill Lane / Grand Drive junction during both the AM peak hour and PM peak hour) it is considered that the impact from the development will be negligible.
7.36 In summary, whilst officers’ acknowledge that parts of the highway network are heavily congested within the vicinity of the site, it is considered that traffic impacts associated with the development will be negligible, given the predicted level of traffic generation and the variety of routes available to car drivers in the area.
210 - Car parking 7.37 Policies in the London Plan encourage boroughs to support patterns and forms of development that reduce the need to travel; especially by the car. The London Plan also states that on-site car parking should be the minimum necessary to promote the use of more sustainable non- car modes of travel.
7.38 In terms of car parking, the current application will provide a total of 91 parking spaces across the site. The number of car parking spaces provided is considered necessary for the occupiers and users of the proposed development including and will ensure that there is no overspill parking on neighbouring streets.
- Access and servicing. 7.39 The current outline planning application seeks approval for the access arrangements to the proposed new residential development, the existing two access points to the playing fields in Grand Drive are unaffected by this application and would remain as the access to the new playing fields.
7.40 The vehicular access to the proposed residential development would be by a new 5.5 metre wide road which would form a ‘T’ junction where it meets Cannon Hill Lane. The vehicle access will benefit from visibility splays of 2.4 metres x 90 metres. In terms of highway safety, the access width, visibility splays and forward visibility level, satisfies the minimum requirements of the Department for Transport’s Manual for Streets document. 2 metres x 2 metres pedestrian visibility splays will also be secured via a condition. This access point and the route of the access road around the site are considered acceptable in terms of providing access and servicing to the new development.
- Cycling and walking 7.41 Policy CS.18 of the adopted Core Strategy [ 2011] states that the Council will promote active transport by prioritising the safety of pedestrian, cycle and other active transport modes; by supporting schemes and infrastructure that will reduce conflict between pedestrians, cyclists and other transport modes; and encouraging design that provides, attractive, safe, covered cycle storage, cycle parking and other facilities.
7.42 It is intended that the proposed development will provide one cycle space for every two bedroom residential unit and two cycle spaces for every three and four bedroom unit. It is considered that this provision for cycle parking is acceptable and in accordance with Council’s cycle parking standards. If members are minded to approve planning permission a planning obligation is recommended to ensure that adequate cycle parking is provided. It is proposed that a new pedestrian and cycle link be provided from the proposed residential development to Grand Drive and a planning condition has been included to secure this.
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7.43 In conclusion and after consideration of issues relating to traffic, access, servicing, parking, cycling and walking the submitted proposal is considered acceptable with no objections to the development raised by the Council’s Transport Planning team. A S106 planning obligation is recommended to seek a financial contribution towards sustainable travel initiatives including monitoring of the green travel plans submitted in compliance with planning conditions.
Need for new residential accommodation. 7.44 Policy CS 9 of the Council’s adopted Core Strategy states that the Council will work with housing providers to facilitate the provision of a minimum of 4,800 additional homes in the Borough for the period between 2011 and 2026. The policy also gives an indicative figure of an additional 500 to 600 new dwellings to be provided within the Raynes Park area. Policy 3.3 and Table 3.1 of the London Plan states that at least 3,200 new homes should be provided in Merton between 2011 and 2021 with 320 new homes provided annually.
7.45 In public consultation responses references have been made to several other residential developments taking place in the Raynes Park area. These include the development of the former private London Electricity Sports and Social Association [LESSA] ground in Grand Drive [44 dwellings including 20 houses and 24 flats] and the former St Catherine’s RC School site also in Grand Drive [87 flats]. It has been stated that these current developments take up a large proportion of the annual requirement for new housing set out in CS 9 of the adopted Core Strategy and therefore there is no need for further residential development in the Raynes Park Area.
7.46 In response to the comments made as part of the public consultation process the actual requirements of policy CS 9 of the Core Strategy need to be considered as well the actual level of annual new house building that would take place across the fifteen years between 2011 and 2026.
7.47 Policy CS9 provides a guide to the level of new housing that should be provided across the borough with the policy stating that the Council will facilitate the provision of ‘…a ‘minimum’ number of additional homes for the period up until 2026. As this level of new housing is provided as a minimum, rather then a maximum level for new housing the current proposal proposing 53 new dwellings will help meet this policy requirement. Whilst it is acknowledged that there are various current residential developments in the Raynes Park area, it cannot be predicted that this level of new development will continue at the same level over the period up until 2026 and that even the minimum levels [500-600 in Raynes Park] will actually be achieved.
212 Housing Mix 7.48 Policy CS 8 within the Council’s Adopted Core Strategy [July 2011] states that the Council will seek the provision of a mix of housing types sizes and tenures at a local level to meet the needs of all sectors of the community. Policy CS 9 within the Council’s Adopted Core Strategy [July 2011] states that the Council will support the provision of well- designed housing located to create socially mixed and sustainable neighbourhoods.
7.49 The advice provided in the Core Strategy [paragraph 18.8] is that whilst the Council seeks to meet identified housing need; this would not be at the expense of achieving a mix of different dwelling sizes, types and tenures within different neighbourhoods. Schemes will be encouraged where they contribute to improving the mix of housing type or tenure to facilitate mixed communities.
7.50 The development proposal includes a total of 53 residential units that are to be provided as 12 two bedroom flats, 22 three bedroom and 19 four bedroom houses in two and three storey buildings. The local area currently has a mixture of different housing types with family housing on Elm Walk, maisonettes in Cannon Hill Lane and flats in Grand Drive. It is considered that this will provide a mix of housing units that will contribute towards the creation of a socially mixed and sustainable neighbourhood in accordance with core strategy policy CS8.
Trees, wildlife and biodiversity 7.51 Policy CS.13 within the Adopted Core Strategy [2011] states that the Council will protect and enhance the borough's open space network; expect development to incorporate and maintain appropriate elements of open space, play areas and landscape features such as trees which makes a positive contribution; and require, where appropriate, development to integrate new or enhanced habitat or design and landscaping that encourages biodiversity. It is important to recognise the opportunities that open spaces, sports grounds and educational playing fields provide for the creation of wildlife conservation areas, and the Council will pay particular attention to the protection and enhancement of these areas. In doing so, the Council will seek advice from the appropriate agencies such as Natural England.
Trees 7.52 Retained Unitary Development Plan policy NE.11 states that development will not be permitted if it would damage or destroy trees, which have significant amenity value as perceived from the public realm area unless either removal is necessary in the interest of good arboricultural practice, or the reason for the development outweighs the amenity value of the trees.
7.53 The tree survey report submitted by the applicant states that the trees on the site are generally of low quality [most trees graded as ‘C’ on a scale of A to C]. The tree survey report considered that the removal of
213 trees on the application site could be easily mitigated by new tree planting of a size that reflects the scale of the development and setting. There are also opportunities to improve provision by broadening the diversity of species on the site. At the request of a local resident the Council has recently attached Tree Preservation Orders to five trees [given ‘B’ rating by the tree survey] located to the rear of properties in Cannon Hill Lane.
7.54 If members are minded to approve planning permission planning conditions are recommended to ensure protection of the existing trees on the site and to ensure that suitable new tree planting and landscaping is provided.
Biodiversity 7.55 Policy CS.13 of the Adopted Core Strategy [July 2011] requires that the Council will take into account any implications for biodiversity and wildlife habitat.
7.56 The application site has no specific wildlife designation. As the site is maintained and managed to a high level by grounds staff including for instance grass cutting it is considered that the site has limited biodiversity value. The only significant items of biodiversity value were two mature Oaks located close to the tennis courts, these trees are to be retained as part of the development. Natural England has been consulted on the planning application and has no objections to the proposed development.
7.57 As noted in the biodiversity study it is considered that there is potential for future habitat creation on the site that would increase the biodiversity value of the site and the proposed development. If members are minded to approve planning permission it is recommended that a planning condition is used to ensure that a landscape management plan is submitted fort approval to ensure that the development contributes to the London Biodiversity Action Plan.
7.58 In conclusion and after assessment of the submitted development it is considered to be in accordance with policy CS.13 within the Adopted Core Strategy [2011].
Impact on Residential Amenity 7.59 Retained policy BE.15 of the adopted Unitary Development Plan [October 2003] states that the orientation and design of new buildings will be expected to ensure proper living conditions of all residents and enjoyment of amenity spaces; and protect amenities from visual intrusion. Retained policy HS.1 of the adopted Unitary Development Plan [October 2003] states that all proposals for residential development should safeguard the residential amenities of occupiers of nearby properties in terms of maintaining adequate daylight and sunlight and the protection of privacy. The Council’s Supplementary Planning Guidance on Residential Development sets out
214 recommended separation distances between new and existing residential properties in order to avoid overlooking/loss of privacy and loss of sunlight and daylight.
Daylight, sunlight, privacy and visual intrusion 7.60 The current planning application has been submitted in outline form with the vehicular access to be considered at this stage. Matters related to scale and layouts are to be considered at a later stage if the principle of the development is found acceptable. The planning application does include an indicative layout of the proposed residential development, which has been assessed in terms of the potential impact on adjacent residents.
7.61 The proposed residential development is located in the eastern corner of Raynes Park Playing Fields and behind the properties at 240 to 302 Cannon Hill Lane and 140 to 172 Elm Walk. This land has a road frontage in Cannon Hill Lane of 30 metres between 240a Cannon Hill Lane and an electrical sub station building located to the rear of 172 Elm Lane.
7.62 Cannon Hill Lane - The indicative layout shows that the existing properties at 264 to 282 Cannon Hill Lane will face directly towards the rear of the proposed new residential properties on the application site. In these circumstances and in order to ensure that there is no loss of amenity a minimum separation distance of 20 metres is normally required between directly facing windows. These existing properties in Cannon Hill Lane are separated from the boundary with the application site by a distance of 20 metres, with a separation distance between opposing windows of 30 metres. Whilst the properties at 240 to 260 Canon Hill Lane are closer to the application site they have a different orientation and do not directly face the proposed new dwellings. These separation distances and orientation will ensure that the impact of the development on adjacent properties is acceptable in terms of loss of privacy, outlook, daylight and sunlight in line with the Council’s standards.
7.63 Elm Walk – The indicative layout shows that the existing properties at 140 to 172 Elm Walk will face towards the proposed new residential properties. These existing properties in Elm Walk are separated from the boundary with the application site by a distance of 44 metres, with a separation distance between opposing windows of 55 metres.
7.64 It is acknowledged that a distance of 7 metres separates the properties at 240 to 260 Canon Hill Lane from the application site, however these properties have a different orientation and will not directly face towards the new residential development. These separation distances and orientation will ensure that the impact of the development on these adjacent properties is acceptable in terms of loss of privacy, outlook, daylight and sunlight in line with the Council’s standards.
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7.65 In consultation responses it has been stated that the development would result in the ‘loss of a view’. Whilst the loss of a view is not a material planning consideration, the proposed development has been assessed in terms of whether it would result in visual intrusion including the proposed building heights of two to three storey height and separation distances and has been found to be acceptable.
7.66 Grand Drive – The proposed residential development is around 120 metres from the rear of properties in Grand Drive and therefore it is considered that there would be no impact in terms of daylight, sunlight, privacy and visual intrusion from the proposed residential development.
Floodlighting 7.67 Whilst no details have been submitted with the current outline planning application it is intended to install floodlighting for the proposed all weather sports pitch. During the assessment of the planning application the all weather sports pitch was relocated on the application site to allow for a larger landscape buffer to be provided between the sports pitch and the site boundary with adjacent residential properties.
7.68 Whilst is it acknowledged that the proposed floodlighting would be visible in the local area it is considered that the impact from modern floodlighting, with measures to reduce light spillage and glare would not be sufficient grounds to refuse planning permission.
7.69 If members are minded to approve the application a planning condition is recommended that will ensure that details of the floodlighting are submitted to the Council and approved following consultation with environmental health officers and with suitable restrictions on their use including hours of operation.
Air Quality, Noise and Nuisance 7.70 Policy PE.2 of the of the Unitary Development Plan states that developments that would have a adverse effect on nearby occupiers or on the amenity of the locality by reason of noise generation and disturbance will not be permitted unless any potential pollution or noise problems can be overcome by mitigating measures.
7.71 In order to assess the impact of the development on air quality, an air quality assessment would be required that assesses the details of the development and may be dealt with by way of condition. In order to assess the impact of any renewable energy generation equipment (for example a biomass boiler) a planning condition is also recommended seeking details of the noise levels from any equipment and proposed sound insulation. A further planning condition is recommended seek to minimise any disturbance during the construction phase.
7.72 In responses to consultation, objections have been made to the potential noise and nuisance caused by the increased use of the
216 playing fields. As set out earlier in this report, the current proposal seeks to increase the use of the playing fields on the application site through improvements to drainage and the provision of an al weather sports pitch. Whilst this increased use may lead to more activity on the site this activity would be similar to that normally associated with playing fields and would therefore not be grounds to refuse planning permission.
7.73 In conclusion it is considered that the development is acceptable in terms of the impact on daylight, sunlight, privacy and visual intrusion air Quality, noise and nuisance and is in accordance with UDP policies including PE.2 and BE.15.
Standard of the proposed new accommodation. - Affordable housing and lifetime home standards 7.74 LDF Core Strategy policy CS.8 states that the Council will seek provision for those unable to compete financially in the housing market sector and those with special needs. The Council will seek 40% affordable housing provided on site [60% of this provision social rented and 40% Intermediate] having regard to the site characteristics such as site size, site suitability financial viability issues and other planning contributions. The London plan [2011] along with policy 3.12 indicates that the Mayor wishes to encourage, not restrain overall residential development and that Boroughs should take a reasonable and flexible approach to securing affordable housing.
7.75 The applicant has confirmed that the proposed development will provide 40% of the proposed 53 units as affordable housing with this provision including 60% [13] social rented units, and 40% [8] intermediate units. A head of term is recommended as part of a s106 agreement to ensure that this level of affordable housing is provided. The viability of the proposal has been independently assessed in terms and it was found that the development can support the proposed level of affordable housing.
7.76 Issues of viability and the non-provision of affordable housing have arisen in the recent appeal concerning the redevelopment of land at 189-191 Streatham Road, Mitcham to provide retail/commercial floor space on the ground floor and 14 flats above. In that instance the Inspector gave greater weight to the provision of new housing over and above the inability of the scheme, based on a financial assessment, to deliver any affordable housing. Council officers have also pursued a more flexible approach to delivering affordable housing on other sites since the down turn in the economy and in response to less than favourable viability assessments.
7.77 In the event that members consider that the scheme is in all other respects acceptable, officers seek member authority in order to conclude any necessary legal undertaking to deliver affordable housing based on the findings of the independent assessment.
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7.78 If members are minded to approve planning permission a planning condition is recommended to ensure that all of the proposed residential units proposed as part of this development are built to lifetime homes standards.
7.79 In conclusion, whilst it is noted that the affordable housing provision is below the level given within the adopted Core Strategy policy CS 8, the policy also provides some flexibility stating that site characteristics and other planning contributions should also be considered in the assessment of proposals. On balance and in exercising judgment it is considered that the overall benefits that would be achieved by the current proposal outweigh the shortfall in affordable housing provision.
- Residential layout. 7.80 Circular guidance advises that indicative layouts should be provided to show that the level of development is acceptable and achievable and will provide an acceptable residential layout. LDF Core Strategy policy CS.14 requires that all development needs to be designed in order to respect, reinforce and enhance the local character of the area. Policy BE.16 of the adopted Unitary Development Plan states that development proposals will be expected to achieve urban design objectives by responding to and reinforcing locally distinctive patterns of development and landscape. Proposals should clearly distinguish between private and public areas through the continuity of street frontages and enclosure of spaces. Proposals should create public spaces and routes that are attractive, safe and accessible to all members of the community; catering for ease of movement.
7.81 It is considered the submitted indicative layout successfully responds to the pattern of development in this area and will maintain the character and appearance of this area. The current proposal will provide a development that makes a positive contribution to the local area.
- Internal floor space and external amenity space 7.82 Policy CS.8 within the Adopted Core Strategy [2011] states that the Council will require proposals for new homes to be well designed and located to create socially mixed and sustainable neighbourhoods. Policy CS.14 within the Adopted Core Strategy [2011] states that the Council will encourage well designed housing in the borough.
7.83 Internal floor space – When detailed floor plans are assessed the residential development would be expected to comply with the minimum unit sizes set out in the London Plan [2011]. These standards are expressed in terms of the gross internal area of proposed residential units and supersede the individual room size standards provided within the Council’s Supplementary Planning Guidance – “New Residential Development” [1999].
218 7.84 Policy 3.5 of the London Plan [July 2011 states that the design of all new housing developments should enhance the quality of local places, taking into account physical context; local character; density; tenure and land use mix; and relationships with, and provision of, public, communal and open spaces, taking particular account of the needs of children and older people. The design of all new dwellings should, have adequately sized rooms and convenient and efficient room layouts, meet the changing needs of Londoners over their lifetimes, address climate change adaptation and mitigation and social inclusion objectives and should be conceived and developed through an effective design process
7.85 External amenity space -Core Strategy policy CS.14 seeks to ensure good quality amenity space for future occupiers of residential developments. The Council requires the provision of 10 square metres of amenity space per habitable room for flatted development and 50 square metres for houses [UDP [2003] paragraph 3.90].
7.86 The indicative site layout shows that the proposed dwellings would provide a good standard of amenity space for future occupiers. All proposed houses would have private gardens, while the flats would have shared communal areas. The indicative layout plan shows that the development would be able to meet the Council’s standards for the provision of external space. The development layout also includes an area of public open space at the entrance to the development.
7.87 In conclusion the submitted indicative layout demonstrates that a residential development of an acceptable quality in terms of amenity space and internal space standards can be provided on this site in line with Core Strategy policies CS. 8 and 14 and policy 3.5 of the London Plan.
Flood risk and surface water drainage 7.88 Policy CS.16 within the Adopted Core Strategy [2011] states that the Council will implement sustainable drainage systems [SUDs] across the borough. The policy states that the Council will work towards effective management of surface water flooding and will ensure the implementation of measures to mitigate flood risk across the borough that are effective, viable, attractive and enhance the public realm and ensure that any residual risk can be safely managed.
7.89 Retained policy PE5 of the Unitary Development Plan [2003] states that development in flood zones 1,2 and 3A would not be permitted where it would i] Increase the risk of flooding within this area or downstream; ii] Materially impede the flow of flood water; iii] Reduce the capacity of the floodplain to store water; iv] Adversely affect flood defence structures.
7.90 The application site currently suffers from drainage problems that prevent the use of the playing fields for significant parts of the year, in
219 response to these problems on the site and the issues raised by residents the current application includes a new sustainable drainage system. In consultation responses issues surrounding flooding and drainage in the local area have been raised by residents and the likelihood of greater surface water runoff as a result of the development.
7.91 A consultation response from the Environment Agency has stated that the application site has a very low probability of flooding [nearer 1 in 1000 year rather than 1 in 100 years] with the site covered by both flood zones one and two; the Environment Agency have also confirmed that they have no objection to the proposed development. Thames Water has also been consulted in relation to the development and has confirmed that the foul sewer in Grand Drive would have adequate capacity to accommodate discharge from this development.
7.92 The submitted planning application includes a flood risk assessment, and this assessment notes that land in this area is a clayey soil over a clay sub-grade which has very poor water infiltration properties. A survey of the site found that the land slopes from the west, down towards the north at a gradient of approximately 1:150. There is also a local low area on the northern boundary where water currently collects. An existing French drain to the western and the northern boundary currently collects surface water and this drain then discharging through a pipe in the northwest corner of the site to a drainage ditch located adjacent to Meadowsweet Close. The drainage ditch then discharges into the Pyl Brook.
7.93 Following consultation with adjoining residents and studying the site topography the flood risk assessment reports that during heavy rainfall water originating from gardens in Elm Walk flows on to the application. It is reported that some of this water and water falling on the application site itself then flows on to residential properties in Grand Drive, with some water collecting in the hollow within the application site. When this hollow within the site overflows then this water then floods the rear gardens of some adjacent properties in Southway. In response to these findings the submitted planning application includes proposed drainage works as part of an indicative sustainable urban drainage system.
7.94 It is intended as part of the sustainable urban drainage system that all the surface water originating from house roofs and other impermeable areas and the service road on the application site would discharge through a piped system to a pond [annotated as pond 1 on the submitted plan]. This pond or swale is located close to the southern boundary of the application site. The pond would have capacity to accommodate predicted water runoff occurring from a 1 in 100 year [with additional 30% allowance for climate change] rainfall event falling on the impermeable area within the housing development. The pond would discharge into a new cut off ditch located around the southern and western site boundaries of the site, with this discharge controlled
220 by an outlet flow control device. This ditch would provide additional storage and also prevent any surface water runoff from the site or from adjacent land from entering the existing adjacent residential properties located along the western boundary.
7.95 A second pond in the north west corner of the site [annotated as pond 2] would be used as part of a system to accommodate surface water run off from the proposed all weather sports pitch. This second pond would discharge by way of an existing pipe to the drainage ditch adjacent to Meadowsweet Close and opposite the north west corner of the site. This pond would provide additional storage for ground water, which originates from sources outside of the site.
7.96 During intense rainfall the network of road gullies and private pipe systems delivering water runoff to the piped system are likely to discharge water. This water would then run on the surface towards the northern and southern boundaries of the site. The flood risk assessment considers that similar circumstances are the current cause of flooding to the rear gardens of the residential properties on those boundaries. In order to resolve this problem a shallow bund is proposed along part of the northern boundary, the whole of the western boundary and part of the southern boundary to prevent this water from reaching existing adjacent residential development. A ditch would be constructed in front of the bund to provide storage for the water that is retained on the application site. If members are minded to approve this application a planning condition is recommended to ensure that further work is carried out in relation to the drainage system as part of the detailed planning application, with details submitted for approval and implemented on the site.
7.97 The submitted flood risk assessment sets out measures to ensure that the proposed development does not increase the risk of flooding, it sets out measures to retain surface water that could flood adjacent properties and control the rates of discharge of this water through the use of ponds on the application site. The proposal is considered in line with retained policy PE5 of the Unitary Development Plan [2003] and policy CS.16 within the Adopted Core Strategy [2011
Planning Obligations and impact on Infrastructure 7.98 The Council’s Supplementary advice on planning obligations provides advice on the use of S106 legal agreements to mitigate the impact of development proposals.
7.99 Sport England will oppose any development that would result in the loss of, or would prejudice the use of a playing field in all but exceptional circumstances. In assessing whether exceptional circumstances exist an assessment is made as to whether the positive benefit from a development would outweigh the negative impact caused by the loss of the playing fields. Sport England consider that these exceptional circumstances exist in relation to the current planning
221 application and subject to the control of the development through s106 legal obligations and planning conditions Sport England raise no objection to the current planning application. Whilst the development includes the loss of a section of the existing playing fields the applicant has stated that they as well as all weather floodlit playing pitch they will provide a financial contribution towards the provision of an all weather pitch elsewhere in the borough.
7.100 The impact of the development on local infrastructure has been raised in consultation responses; this has included sewage, doctors and school places. Thames Water is responsible for the disposal of waste water and sewage and the level of infrastructure that is required to accommodate new residential development. Thames Water has been consulted as part of the planning application and has confirmed that existing infrastructure has sufficient capacity to accommodate the proposed new residential development. Thames Water has also highlighted to the developer the need to maintain an agreed water pressure for Thames Water customers.
7.101 In terms of the provision of doctors in this area the Merton and Sutton Primary Care Trust have been consulted as part of the application. The Merton and Sutton Primary Care Trust has been reported that there is adequate provision in this area to accommodate the additional residential dwellings.
7.102 In terms of the additional pressure from the development on school places, it is recommended as part of an s106 legal agreement to request a financial contribution from the developer to fund the provision of additional school places. In addition to these obligations it is recommended that contributions be sought to meet the Council’s costs of preparing, and drafting and monitoring the Section 106 Obligations.
Public Consultation 7.103 In consultation responses it has been stated that inadequate consultation has been carried out in relation to this planning application. The applicant carried out consultation with local residents prior to the submission of the planning application, again in January 2011 with attendance at a public meeting and again in December 2011. Following each of these consultation events the proposed development has been revised to seek to respond to points that residents have made.
7.104 In addition to the consultation by the applicant the Council have consulted twice with all residents surrounding the site with the second consultation also including unsolicited responses to the first consultation letter. The application has also been advertised in the local press and three site notices displayed close to the site. As well as the developer, planning officers also attended the public meeting in January 2011.
222 7.105 Whilst it was unfortunate that the revised plans were submitted prior to the Christmas and new year break, it was considered that residents should be notified as soon as possible after the receipt of these plans. The time period for the submission of comments was also extended to account for the public holidays.
7.106 In conclusion, it is considered that there has been adequate public consultation on this application with the responses received summarised earlier in this report.
8. SUSTAINABLITY AND ENVIRONMENTAL IMPACT ASSESSMENT Sustainability 8.1 Policy CS.15 Climate Change within the Adopted Core Strategy [2011] states that the Council will require all new development comprising the creation of new dwellings to achieve Code for Sustainable Homes Level 4. In reaching this standard the development will be required to meet a range of targets relating to the effective use of resources and materials, minimising water use, and CO² emissions. The following policies within the London Plan are also relevant 5.1 [Climate change mitigation]; 5.2 [Minimising carbon dioxide emissions]; 5.3 [Sustainable design and construction]: 5.7 [Renewable energy].
8.2 The applicant has demonstrated a commitment to achieving a minimum Code Level 4 of the Code for Sustainable Homes. Planning conditions are recommended to ensure that these standards are achieved. It is considered that with these requirements the development is in line with Policy CS.15 Climate Change within the Adopted Core Strategy [2011] and policies 5.1, 5.2, 5.3 and 5.7of the London Plan [2011].
Environmental impact assessment 8.3 In view of the size of the site, the proposal comprises Schedule 2 development within the meaning of the Town & Country Planning [Environmental Impact Assessment] Regulations 1999. Accordingly, the Council has issued a screening opinion as to whether the development would warrant the submission of an Environmental Impact Assessment.
8.4 Officers considered that taking into account the characteristics of the development, the location of the development and the characteristics of its potential impact, the submission of an Environmental Impact Assessment would not be required. Notice of this decision has been placed on Part 1 of the Statutory Register.
9. CONCLUSION 9.1 This outline proposal will enable improvements to be made to the drainage of the existing sports fields which together with the all weather sports pitch will increase the facilities available for sport in this area. The provision of a financial contribution towards an off site all weather pitch will also meet a need that has been identified within the recent needs assessment. The impact of the development on the highway
223 network has been assessed and has been found to be acceptable. The development will provide additional housing in the borough that will help meet the Council’s housing targets.
RECOMMENDATION GRANT OUTLINE PLANNING PERMISSION subject to completion of a Section 106 legal agreement, planning conditions and informatives as set out below:
Section 106 Heads of Terms: 1. The developer shall provide 40% of the proposed residential units as affordable housing and 40% of this affordable housing should be provided for rent and 60% as intermediate units. 2. Financial contribution towards education provision. 3. Financial contribution towards sustainable travel initiatives including monitoring of green travel plans submitted in compliance with planning conditions. [£26,500] 4. The developer shall ensure that the drainage system, improvements to the sports facilities and community access are provided before occupation of the proposed residential development. 5. The developer shall make all the onsite sporting facilities [including natural grass pitches, tennis courts and pavilion] available for community use which shall include a minimum of 28 hours community use per week in peak times for the Artificial Grass Pitch. 6. The developer shall ensure that the grass pitches, tennis courts, pavilion and Artificial Grass Pitch are maintained in a fit for purpose condition for a minimum period of 15 years. 7. The developer shall provide an indexed linked financial contribution toward provision of a second offsite full sized, floodlit Artificial Grass Pitch with the contribution used for the provision of an Artificial Grass Pitch and for no other purpose. 8. The Council shall work with Sport England in developing proposals for the off site Artificial Grass Pitch, with particular reference given to selecting the right location to meet the needs as identified in the draft Merton Sports Pitch Strategy [June 2011] and for the contribution to be spent within a specified timescale to be determined after consultation with Sport England. 9. The developer shall ensure the provision of a pedestrian and cycle route through the site that shall be secured as a ‘Permissive Path’, in accordance with the requirements of the Highway Authority. 10. The developer agreeing to meet the Council’s costs of preparing, drafting the Section 106 Obligations. 11. The developer agreeing to meet the Council’s costs of monitoring the Section 106 Obligations.
Planning conditions: 1. Standard Condition [A.2 Commencement of development (outline)] The development to which this permission relates shall be commenced not later than the expiration of 3 years from the date of this permission or 2
224 years from the approval of the last of the reserved matters as defined in the condition below, whichever is the later. Reason for condition: To comply with Section 92 [as amended] of the Town & Country Planning Act 1990.
2. Standard Condition A.3 [Submission of reserved matters (outline)] Details of the reserved matters set out below (‘the reserved matters’) shall be submitted to the Local Planning Authority for approval within 3 years from the date of this permission: (i) layout; (ii) scale; (iii) appearance and (iv) landscaping. The reserved matters shall be carried out as approved. Approval of all the reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced. Reason for condition: To comply with Section 92 [as amended] of the Town & Country Planning Act 1990.
3. Standard Condition [A.7 Approved Plans] [264 112 revision V; Planning Statement; Merton Playing Pitch Study Update; Design and Access Statement; Transport Assessment; Framework Travel Plan [residential and sports ground]; Habitat and Biodiversity Report; Tree Survey and Arboricultural Report; Site Investigation [Land Contamination]; Flood Risk Assessment; Letters from Consulting Engineers Laurence Rae Associates Ltd dated 14.01.2011, 1.8.2011; 27.06.2011 and 22.02.2012 and Statement of Community Engagement].
4. Non-Standard Condition [Phasing] Prior to the commencement of development full details, including plans, of the phasing of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the approved details of phasing, unless any variation or amendments have first been agreed in writing with the Local Planning Authority. Reason for condition: To ensure the development progresses in an orderly manner without undue loss of amenity to the surrounding area and that satisfactory facilities are provided to service all stages of the development.
5. Non-Standard Condition [Site levels] Prior to commencement of development on the relevant phase details of the proposed finished floor levels of the development, together with existing and proposed site levels, shall be submitted to and approved in writing by the Local Planning Authority with the development completed strictly in accordance with the approved levels and details. Reason for condition: To safeguard the visual amenities of the area and to comply with policies BE.22 & BE.23 of the Adopted Merton Unitary Development Plan [2003].
6. Standard Condition [M1 Contaminated Land – Site Investigation] Prior to commencement of development on the relevant phase a detailed site investigation shall be completed to survey and assess the extent of potential ground contamination on the site and from the surrounding
225 environment [including any controlled waters], considering historic land use data and the proposed end use with the site investigation report [detailing all investigative works and sampling, together with the results of analysis, risk assessment to any receptors and proposed remediation strategy detailing proposals for remediation] submitted to and approved by the Local Planning Authority with the approved remediation measures/treatments implemented in full prior to first occupation of any residential units hereby approved Reason for condition: In order to protect the health of future occupiers of the site and adjoining areas in accordance with policy PE.8 of the Adopted Merton Unitary Development Plan [2003].
7. Standard Condition [M2 Contaminated Land – Remedial Measures] If during construction works further contamination is encountered which has not previously been identified and considered the Council’s Environmental Health Section shall be notified immediately and no further development shall take place until remediation proposals [detailing all investigative works and sampling, together with the results of analysis, risk assessment to any receptors and proposed remediation strategy detailing proposals for remediation] have been submitted to and approved by the Local Planning Authority and the approved remediation measures/treatments implemented in full. Reason for condition: In order to protect the health of future occupiers of the site and adjoining areas in accordance with policy PE.8 of the Adopted Merton Unitary Development Plan [2003].
8. Standard Condition [M3 Contaminated Land – Validation Report] Prior to first occupation of any residential unit hereby approved a validation report shall be submitted to and approved in writing by the Local Planning Authority to demonstrate that remediation works have been carried out in accordance with the agreed remediation strategy. The validation report shall provide a full record of all remediation activities carried out on the site including post remedial sampling and analysis, waste management documentation and evidence that the agreed site remediation criteria have been met [including waste materials removed from the site; an audit trail demonstrating that all imported or reused soil material conforms to current soil quality requirements as approved by the Council] and any post-remediation sampling that has been carried out. Reason for condition: In order to protect the health of future occupiers of the site and adjoining areas in accordance with policy PE.8 of the Adopted Merton Unitary Development Plan [2003].
9. Standard Condition [Construction Management Plan] Prior to the commencement of any demolition or site works a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority with the plan implemented and complied with for the duration of the construction process. The plan shall include measures to accommodate all site workers'; visitors' and construction vehicles, storage of plant and material; control of dust, smell and other effluvia; control of surface run off; loading /unloading arrangements and
226 site access during the construction process. Reason for condition: To the interests of vehicle and pedestrian safety and the amenities of neighbouring occupiers and to comply with policies CS18, CS19 and CS.20 of the Adopted Core Strategy [July 2011].
10. Non-Standard Condition [Air Quality Assessment] Prior to the commencement of development an Air Quality Assessment shall be carried out to demonstrate how the development would affect pollution concentrations in relation to health based statutory and proposed air quality standards and objectives with the completed assessment submitted to and approved in writing by the Local Planning Authority. Reason for condition In order to ensure that the Local Planning Authority is satisfied that the development and any renewable energy generation equipment will have no undue impact on local air quality and to comply with policy PE.2 of the Adopted Merton Unitary Development Plan [2003].
11. Standard Condition [Timing of construction work] No demolition or construction work or ancillary activities such as deliveries shall take place before 0800hrs or after 1800hrs Mondays - Fridays inclusive; before 0800hrs or after 1300hrs on Saturdays or at any time on Sundays or Bank Holidays. Reason for condition: To safeguard the amenities of the area and occupiers of neighbouring properties and to ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan [2003].
12. Standard Condition [B1 External Materials to be Approved] Prior to commencement of development on the relevant phase and notwithstanding any materials specified in the application form and/or the approved drawings, particulars and samples of the materials to be used on all external faces of the development hereby permitted, including window frames and doors, shall be submitted to and approved in writing by the Local Planning Authority before any works are commenced. The development shall be carried out in full accordance with the approved details. Reason for condition: To ensure a satisfactory appearance of the development and to comply with policy BE.23 of the Adopted Merton Unitary Development Plan [2003].
13. Standard Condition [B.7 Removal of permitted development for dwelling houses]. Notwithstanding the provisions of the Town and Country Planning [General Permitted Development] [Amendment] [No 2][England] Order 2008 [or any other Order revoking or re-enacting this Order] no buildings, extensions, or alterations permitted by Classes A, B, C, D and E of Part 1 of Schedule in the 2008 Order shall be carried out without the prior written consent of the Local Planning Authority. Reason for condition: The Local Planning Authority considers that further development could cause detriment to the amenities of the occupiers of nearby properties or to the character of the area and for this reason would wish to control any future development to comply
227 with policies BE.15 and BE.23 of the Adopted Merton Unitary Development Plan [2003].
14. Non-Standard Condition [Boundary Treatments] Prior to commencement of development on the relevant phase details of all boundary walls or fences shall be submitted to and approved in writing by the Local Planning Authority and shall be in place prior to the first occupation of the relevant phase of the development hereby approved and permanently retained thereafter. Reason for condition: To ensure a satisfactory and safe development in accordance with policies BE.16 and BE.22 of the Adopted Merton Unitary Development Plan [2003].
15. Non-Standard Condition [Soundproofing of Plant and Machinery] Prior to commencement of development on the relevant phase details of sound insulation/attenuation measures are to be submitted to and approved in writing by the Local Planning Authority to ensure that noise from all new plant/machinery [including any renewable energy generation equipment] does not increase the background noise level by more than 2dBa L90 [5 min] with no increase in any one-third octave band between 50Hertz and 160Hertz; the approved measures that should include measures to prevent vibration shall be installed before the plant and machinery is first used and shall be permanently retained thereafter unless otherwise agreed in writing by the Local Planning Authority. Reason for condition To safeguard the amenities of the area and the occupiers of neighbouring properties and ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan [2003].
16. Standard Condition [External Lighting] Prior to commencement of development on the residential development details of external lighting associated with the residential development [excluding floodlighting] shall be submitted to and approved in writing by the Local Planning Authority. The external lighting shall be designed, positioned and angled so as to prevent any light spillage or glare from affecting nearby residential properties and shall be in place in accordance with the approved details prior to first occupation of any residential unit unless otherwise agreed in writing by the Local Planning Authority Reason for condition: To safeguard the amenities of the area and occupiers of neighbouring properties and to ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan [2003].
17. Non-Standard Condition [Floodlighting details] Prior to commencement of development on the Artificial Grass Pitch, details of the floodlighting shall be submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. These details shall include the type, design, and lux levels of the floodlighting, and measures to control glare, overspill light and to ensure that the lights are switched off when not in use. The scheme shall accord with Sport England’s Outdoor Sports Lighting [2010] and FA Guide to Artificial
228 Grass Pitches [May 2010]. Thereafter the floodlighting shall be operated in accordance with the approved scheme and maintained in accordance with manufacturer’s instructions. Reason for Condition: To safeguard the amenities of the area and occupiers of neighbouring properties and to ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan (2003).
18. Non-Standard Condition [Management plan] Prior to commencement of development on the residential development a management plan shall be submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. The management plan shall include details of pricing policy, hours of use, access by non- Kings College School users or non-members, management and maintenance responsibilities. The approved management plan shall be in place before any improved facilities are first used and maintained permanently thereafter. Reason for Condition: To ensure that the facilities are readily available for use by a range of people and to comply with policy CS13 of the Adopted Core Strategy [July 2011].
19. Non-Standard Condition [Tree protection measures] Prior to commencement of development on the relevant phase an Arboricultural Method Statement and Tree Protection Plan, drafted in accordance with the recommendations and guidance set out in BS 5837:2005 shall be submitted to and approved in writing by the Local Planning Authority. . The approved details shall be installed before any site works commence and shall be retained and maintained until the completion of all site operations. Reason for condition: To protect and safeguard the existing retained trees in accordance with policy CS13 of the Adopted Core Strategy [July 2011].
20. Non-Standard Condition [Management of public open space] Prior to commencement of development on the residential development a management plan for the maintenance of the public open space and other areas of open space within the residential development shall be submitted to and approved in writing by the Local Planning Authority. Reason for Condition: To ensure that the facilities are readily available for use by a range of people and to comply with policy CS13 of the Adopted Core Strategy [July 2011].
21. Non-Standard Condition [landscape management plan] Prior to commencement of development on the relevant phase the applicant shall have submitted to and had approved in writing a landscape management plan for the retained playing fields which shall include details of measures to promote biodiversity and habitat generation on the site. Reason for condition: To contribute to the London Biodiversity Action Plan and to comply with policy CS 13 the Adopted Core Strategy [2011].
229 22. Non-Standard Condition [Landscaping/Planting Scheme] Prior to commencement of development on the relevant phase [including retained playing fields and residential development] a landscaping/planting scheme shall be submitted to and approved in writing by the Local Planning Authority, the scheme which shall include on a plan, full details of the size, species, spacing, quantities and location of plants, together with any hard surfacing, means of enclosure, and indications of all existing trees, hedges and any other features to be retained, and measures for their protection during the course of development. Reason for condition: To enhance the appearance of the development and the amenities of the area in accordance with policy CS13 of the Adopted Core Strategy [2011].
23. Non-Standard Condition [Lifetime Homes] The new dwelling unit/s shall be constructed to Lifetime Homes Standards. Reason for condition: To meet the changing needs of households and comply with policy CS8 of the Adopted Core Strategy [2011].
24. Non-Standard Condition [Electric charging point] Prior to the commencement of the residential development details of the number and location of electric charging points shall be submitted to and approved in writing by the Local Planning Authority with the approved electric charging points provided prior to first occupation of the approved residential development and thereafter shall be kept free from obstruction and retained for parking purposes for users of the development and for no other purpose. Reason for condition: In order to reduce carbon dioxide emissions and promote sustainable transport use in accordance the Mayor of London’s Electric Vehicle Delivery Plan and policy 6.13 of the adopted London Plan [2011].
25. Non-Standard Condition [Car parking provision and retention] Prior to the commencement of the residential development details of car parking including parking spaces for the disabled shall be submitted to and approved in writing by the Local Planning Authority with the approved car parking provided prior to first occupation of the approved residential development and thereafter shall be kept free from obstruction and retained for parking purposes for users of the development and for no other purpose. Reason for condition To ensure the provision of adequate off-street parking and to comply with policy CS.15 of the Adopted Core Strategy [2011].
26. Non-Standard Condition [Parking management plan] Prior to commencement of development on the relevant phase, a parking management plan shall be submitted to and approved in writing by the local planning authority and shall include details of the allocation of parking spaces within the site and the location of two new car club bays within the site. The development shall operate in accordance with the approved plan in perpetuity Reason for condition To ensure the safe operation of the use and the surrounding road network and to promote
230 sustainable transport patterns and to comply with policy CS.20 the Adopted Core Strategy [2011].
27. Non-Standard Condition [Vehicular access] Prior to commencement of development on the relevant phase details of the proposed main vehicular access from Cannon Hill Lane to serve the development, including details of tactile paving and any associated amendments to parking control measures within the site boundary and on the public highway, shall be submitted to and approved in writing by the Local Planning Authority. Such works to be completed in accordance with the approved details prior to the first occupation of the development. Reason for condition To ensure the safe operation of the use and the surrounding road network and to promote sustainable transport patterns and to comply with policy CS.20 of the Adopted Core Strategy [2011].
28. Non-Standard Condition [Visibility splays] Prior to the occupation of the residential development 2 metre x 2 metre pedestrian visibility splays should be provided either side of the main vehicular access to the development and the area contained within the splays shall be kept free of any obstruction exceeding 0.6 metres in height. Reason for condition: In order to ensure a safe pedestrian environment and to comply with policy CS.20 the Adopted Core Strategy [2011].
29. Non-Standard Condition [Cycle Parking Facilities] Prior to commencement of development on the relevant phase, details of provision to be made for cycle parking shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking shall be provided in accordance with the approved details prior to the occupation of the residential development or first use of the improved facilities and shall thereafter be retained solely for this use. Reason for condition: To ensure satisfactory facilities for cycle parking are provided and to comply with policies CS18, CS19 and CS20 of the Adopted Core Strategy [2011].
30. Non-Standard Condition [Green travel plan] Notwithstanding the documents submitted with the planning application prior to first occupation or first use of the relevant part of the development the applicant shall have submitted to and had approved in writing a green travel plan to include details of measures to promote sustainable forms of travel and to reduce reliance on private car use. Reason for condition: To ensure that the development meets the principles of sustainable development and to comply with and to comply with policy CS.20 the Adopted Core Strategy [2011].
31. Non-Standard Condition [Code for Sustainable Homes – Pre- Commencement] Prior to the commencement of the residential development evidence shall be submitted to show that the development is registered with the Building Research Establishment [BRE] under the Code For Sustainable Homes and a Design Stage
231 Assessment Report has been submitted to, and approved in writing by the Local Planning Authority demonstrating that the development will achieve not less than Code for Sustainable Homes Level 4. Reason for condition: To ensure that the development achieves a high standard of sustainability and makes efficient use of resources and to comply with policy BE.25 of the Adopted Merton Unitary Development Plan 2003, policy CS 15 of the Adopted Core Strategy [July 2011] and policy 5.2 of the adopted London Plan [2011].
32. Non Standard Condition [Code for Sustainable Homes – Pre- Occupation] Prior to first occupation of any residential unit of the relevant phase a Building Research Final Code Certificate confirming that the development has achieved not less than Code for Sustainable Homes Level 4 shall be submitted to and acknowledged in writing by the Local Planning Authority. Reason for condition: To ensure that the development achieves a high standard of sustainability and makes efficient use of resources and to comply with policy BE.25 of the Adopted Merton Unitary Development Plan 2003, policy CS 15 of the Adopted Core Strategy [July 2011] and policy 5.2 of the adopted London Plan [2011].
33. Non-Standard Condition [Water flow rates] Prior to the commencement of development full details of anticipated water flow rates, and detailed site plans shall be submitted to, and approved in writing by, the local planning authority [in consultation with Thames Water] Reason for condition To ensure that the water supply infrastructure has sufficient capacity to cope with the/this additional demand.
34. Non-Standard Condition [Playing field drainage] Prior to commencement of development on the relevant phase a scheme for the improvement and maintenance of playing field drainage, based upon an assessment of the existing playing field quality and including an implementation programme, shall be submitted to and approved in writing by the Local Planning Authority after consultation with Sport England and the Environment Agency the works that form part of the approved scheme shall be implemented prior to the first occupation of any of the approved residential dwellings with the playing field drainage maintained in accordance with the approved scheme permanently thereafter Reason for Condition: To ensure that the development leads to improved recreational open space provision in accordance with policy L.7 of the Adopted Merton Unitary Development Plan (2003) and to prevent the increased risk of flooding and to comply with policies BE.25 of the Adopted Merton Unitary Development Plan [October 2003]; and CS 15 of the Adopted Core Strategy [2011].
35. Non-Standard Condition [Natural grass pitches details] The natural grass pitches shall be constructed in accordance with ‘Natural Turf for Sport’ guidelines [Sport England, 2011] to meet the basic Performance Quality Standards as stipulated by Sport England. The pitch installation and improvement works shall be carried out and supervised by a
232 specialist Playing Pitch consultant with complying with criteria set out in Appendix 1 of Natural Turf for Sport [Sport England, 2011] and to be agreed by Sport England Reason for Condition: To ensure that the development leads to improved recreational open space provision in accordance with policy L.7 of the Adopted Merton Unitary Development Plan (2003).
36. Non-Standard Condition [Artificial Grass Pitch details] Prior to commencement of development on the relevant phase details of the design and layout of the onsite Artificial Grass Pitch, which shall comply with Sport England’s Selecting the Right Artificial Surface [revision 2, 2010] and Sport England and National Governing Board Technical Design Guidance, shall be submitted to and approved in writing by the Local Planning Authority in consultation with Sport England. The Artificial Grass Pitch shall be constructed in accordance with the approved design and layout details and overseen by a specialist Artificial Pitch consultant and permanently retained thereafter. Reason for Condition: To ensure that the development leads to improved recreational open space provision in accordance with policy L.7 of the Adopted Merton Unitary Development Plan (2003).
Planning Informatives: (1) INF2 Lifetime Homes (2) INF3 Wheelchair Standards (3) INF4 Code for Sustainable Homes (4) INF8 Construction of Accesses (5) INF14 Tree felling, Birds and Bats (6) The applicant is reminded of the necessity to consult the Council’s Highways team prior to the commencement of construction in order to obtain necessary approvals and licences prior to undertaking any works within the Public Highway. (7) The applicant is advised to contact the Council’s Environmental Health Team with regards to the methodology used to conduct the air quality assessment required by condition. (8) The applicant is advised that it is current Council policy for the Council's contractor to construct new vehicular accesses and to reinstate the footway across redundant accesses. The applicant is advised to contact the Council's Highways team, prior to the commencement of construction, to arrange for any such work to be done. If the developer wishes to undertake this work the Council will require a deposit and the developer will need to cover all the Council's costs [including supervision of the works]. If the works are of a significant nature, a Section 278 Agreement [Highways Act 1980] will be required and the works must be carried out to the Council's specification. (9) The applicant is advised that it is your responsibility to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to
233 connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777. (10) The applicant is advised that a groundwater discharge permit will be required where a developer proposes to discharge groundwater into a public sewer. Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality. Groundwater permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 020 8507 4890 or by emailing [email protected]. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. (11) The applicant is advised that there are public sewers crossing or close to this development. In order to protect public sewers and to ensure that Thames Water can gain access to those sewers for future repair and maintenance, approval must be sought from Thames Water where the erection of a building or an extension to a building or underpinning work would be over the line of, or would come within 3 metres of, a public sewer. Thames Water will usually refuse such approval in respect of the construction of new buildings, but approval may be granted in some cases for extensions to existing buildings. The applicant is advised to contact Thames Water Developer Services on 0845 850 2777 to discuss the options available at this site. (12) Under the Land Drainage Act 1991, consent is required for any culverting or flow control structure [such as a weir] on any ordinary watercourse. The Environment Agency generally opposes culverts, further details are available on the internet at http://www.environment- agency.gov.uk/subjects/flood/362926/362984/362988/. (13) The applicant is advised that it is the aim of Thames Water to provide customers with a minimum pressure of 10m head [approx 1 bar] and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development (14) The applicant is advised that petrol / oil interceptors should be fitted in all car parking areas. Failure to enforce the effective use of petrol / oil interceptors could result in oil-polluted discharges entering local watercourses.
Reasons for Approval: This outline proposal will enable improvements to be made to the drainage of the existing sports fields, which together with the all weather sports pitch will increase the facilities available for sport in this area. The provision of a financial contribution towards an off site all weather pitch will also meet a need that has been identified within the recent needs assessment. The impact of the development on the
234 highway network has been assessed and has been found to be acceptable. The development will provide additional housing in the borough that will help meet the Council’s housing targets. The proposal accords with the Council's Adopted Unitary Development Plan, the Core Strategy and London Plan Policies. The policies listed below were relevant to the determination of this proposal.
The London Plan [July 2011] 3.2 [Improving health and addressing health inequalities]; 3.3 [Increasing housing supply]; 3.4 [Optimising housing potential]; 3.5 [Quality and design of housing developments; 3.6 [Children and young people’s play and informal recreation facilities]; 3.8 [Housing choice]; 3.9 [Mixed and balanced communities]; 3.11 [Affordable housing targets]; 3.17 [Health and social care facilities]; 5.1 [Climate change mitigation]; 5.2 [Minimising carbon dioxide emissions]; 5.3 [Sustainable design and construction]: 5.7 [Renewable energy]; 5.13 [Sustainable drainage]; 6.9 [Cycling]; 6.10 [Walking]; 6.13 [Parking]; 7.6 [Architecture]; 7.21 [Trees and woodlands] and 8.2 [Planning obligations].
Policies retained in Adopted Unitary Development Plan [October 2003] BE11 [Local list; rehabilitation and maintenance]; BE.15 [New buildings and extensions; daylight; sunlight; privacy; visual intrusion and noise]; BE16 [Urban design]; BE22 [Design of new development]; BE25 [Sustainable development]; C1 [Location and access of facilities]; C.3 [People with a learning disability]; C.4 [People with a learning disability; day care facilities]; C.5 [People with a mental illness; C.8 [Health facility sites]; C13 [planning obligations for educational facilities]; E2 [Access for disabled people]; F2 [Planning obligations]; HP.2 [Retention of Residential Accommodation]; HN.5 [Residential institutional uses]; HS1 [Housing layout and amenity]; L9 [Children’s play facilities]; NE11 [Trees protection]; PE7 [Capacity of water systems]; PE8 [contaminated; vacant and derelict land]; PE.9 [Waste minimisation and waste disposal]; PE.11 [Recycling points]; PE.12 [Energy Generation and Energy Saving]; RN3 [Vehicular access] and Schedule 6: [Parking standards].
Policies within the Adopted Core Strategy [July 2011 The relevant policies within the Adopted Core Strategy [July 2011] are CS8 [Housing choice]; CS9 [Housing provision]; CS13 [Open space; nature conservation; leisure and culture]; CS14 [Design]; CS15 [Climate change]; CS18 [Active transport]; CS19 [Public transport]; and CS20 [Parking; servicing and delivery].
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This map is based on Ordnance Survey material with London Borough of Merton the permission of Ordnance Survey on behalf of HMSO. Raynes Park Playing Fields Scale 1/2837 Unauthorised reproduction infringes Crown Copyright 100 London Road and may lead to prosecution or Civil procedings. Morden London Borough of Merton 100019259. 2012. Date 28/2/2012 Surrey Cannon Hill Lane SM4 5DX DEVELOPMENT CONTROL 238 239 This page is intentionally blank
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