Planning Committee 09/11/2011 Schedule Item 04
Ref: P/2011/2338
Ward: East Acton
Address: Portal Way, North Acton, W3 6UU
Proposal: Redevelopment to provide two mixed-use buildings with roof level amenity space (seven-storeys and eight-storeys) to provide 184 student units on upper floors and 382m2 on ground floor for use as student lounge and lobby, and uses within Retail (Use Class A1), Financial and Professional (Use Class A2), Restaurants and Cafes (Use Class A3), Business (Use Class B1) or Non-residential Institutions (Use Class D1); creation of biodiversity park and community pocket park; provision of four parking spaces and 132 cycle parking spaces
Drawing Nos: JKK6263 1 REVC and JKK6263 2 REVC. 5303/P/5.00A, 5303/P/5.01A, 5303/P/5.02B, 5303/P/5.03B, 5303/P/5.04B, 5303/P/5.05B, 5303/P/5.06, 5303/P/5.07, 5303/P/5.08, 5303/P/5.09, 5303/P/5.010, 5303/P/5.013, 5303/P/5.014, 5303/P/5.015, 5303/P/5.016, 5303/P/5.017, 5303/P/5.018 and 5303/P/5.019. 1302/01 REVC, 1302/02 REVB, 1302/03 REVB and 1302/04 REVA.
Accompanying documents Planning Statement (prepared by CGMS) Air Quality Assessment (prepared by RPS) BREEAM Assessment (prepared by Eight Associates) Building for Life Assessment (prepared by AR Urbanism) Ecology Report (prepared by Thomson Ecology) Energy and Sustainability Assessment (prepared by Flatt Consulting) Flood Risk Assessment (prepared by RPS) Fire Safety Review (prepared by International Fire Safety Consultants Ltd) Landscape Scheme (prepared by Liz Lake) Noise Assessments (prepared by MoirHands) Site Investigation Report (prepared by Herts and Essex Site Investigations) Statement of Community Involvement (prepared by Curtain & Co) Student Accommodation Report (prepared by Knight Frank) Management Plan (prepared by Knight Frank) Sunlight and Daylight Assessment (prepared by Anstey Horne) Sustainability Checklist (prepared by Goldcrest Architects) Topographical Survey (prepared by RPS) Planning Committee 09/11/2011 Schedule Item 04
Transport Statement, Travel Plan and Servicing Plan (prepared by RPS) Wind Environment Study (prepared by BMT Fluid Mechanics)
Type of Application: Full planning permission.
Application received: 31 May 2011
Report by: Richard Humphreys
EXECUTIVE SUMMARY
Recommendation: Grant planning permission subject to a legal agreement, conditions and informatives.
The local planning authority has assessed this application against the policies contained in The London Plan 2011, the Ealing Unitary Development Plan 2004, the Park Royal Opportunity Area Planning Framework. adopted by the Mayor on 25th January 2011, associated supplementary planning guidance and Government planning policy guidance.
The proposed student housing, shop use (Class A1), financial and professional services (Class A2), restaurant / cafe (Class A3), business (Class B1) or non-residential institutions (Class D1) are acceptable in terms of the London Plan’s strategic policies and the council’s local planning policies.
The application is not supported by a named occupier for the student residential accommodation and fails to meet the ‘local need’ test for ‘special housing’ set by policy 5.7 of the Ealing UDP 2004. There is however an offer to limit occupation to students attending a central London University, or from an approved list of other further educational establishments. Under such circumstances, there is no policy requirement to provide affordable housing. The development would adjoin the former BBC Costume Store that is also being redeveloped for student housing. However, given the location on a major traffic gyratory and the unsuitability of the site for conventional dwellings, it is considered that the site is suitable for student housing and would not result in an over-concentration of such use in this mixed-use neighbourhood.
The proposed density for the student residential accommodation accords with the London Plan’s Sustainable residential quality density matrix provided by Table 3.2 of the Plan.
The submitted plans show a development compliant with London Plan’s design policies 7.1 to 7.7 in Chapter 7 ‘‘London’s Living Places and Spaces’ and Ealing UDP policy 5.5 ‘Residential Design.’ Whilst maximizing the site’s potential, the scheme would enhance the public realm by the provision of a “pocket park” and a “biodiversity park”, provide a mix of uses, be accessible, legible, sustainable, safe and respect the natural and built heritage. In terms of London Plan policy 7.7 ‘Tall and Large Scale Buildings’, and Ealing UDP policy 4.1 ‘Design of Development’ the development would create an attractive city element enhancing the character of Portal Way in a manner acceptable in design terms and its impact on the surroundings. The development would not impinge on any identified important views and would be suited to the wider context in terms of proportion and composition, its relationship to adjoining buildings.
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Impact on the amenities of existing/neighbouring developments in terms of natural light, privacy and views would be acceptable in compliance with Ealing UDP policy 4.1 ‘Design of Development’.
Satisfactory living conditions for students would ensue in accordance with Ealing UDP policy 5.5. ‘Residential Design.’
Access, transport, traffic and parking and parking arrangements broadly comply with Ealing UDP policy 9.1 ‘Development Access and Parking’, policy 9.5 ‘Walking and Streetscape’, policy 9.6 ‘Cycling’ and policy 9.8 ‘Low Car Housing and Car Clubs’. The site has “Good” public transport accessibility (PTAL4) which will improve to “Excellent” (PTAL6) with the construction of Crossrail. The scheme maximises public transport use. Trip generation would not materially impact on highway conditions. Parking provision for both cars and bicycles would meet London Plan standards although there would be minor shortfall in disabled parking which would be mitigated by on-street provision.
Servicing arrangements would be adequate and facilities for refuse and recycling would comply with Ealing UDP policy 2.10 ‘Waste Minimisation and Management’ policy 5.5 ‘Residential Design.’
There are no trees on the site. Landscaping proposals include a new pocket park and a biodiversity park for communal use and the scheme would comply with Policy 4.5 ‘Landscaping, Tree Protection and Planting’ of the Ealing UDP.
Conditions are recommended to require the approval and implementation of details of the sustainability measures that are to be incorporated into the development in line with policies 5.1 ‘Climate Change Mitigation,’ 5.2 ‘Minimising Carbon Dioxide Emissions,’ 5.3 ‘Sustainable Design and Construction,’ 5.5 ‘Decentralised Energy Networks’ 5.6 ‘Decentralised Energy in Development Proposals,’ 5.7 ‘Renewable Energy’ and 5.9 ‘Overheating and Cooling’ of The London Plan 2011, policies 2.9 ‘Energy’ and 4.1 ‘’Design of Development’ of the Ealing Unitary Development Plan 2004, Planning and Climate Change - Supplement to Planning Policy Statement 1 (PPS1) and PPS22: Renewable Energy.
Air Quality would meet the Government’s objectives in PPG23 and comply with London Plan policy 7.14 ‘Improving air quality’ and policy 2.6 ‘Air Pollution and Quality’ of the Ealing UDP 2004.
Contributions have been secured towards highway, pedestrian and public transport improvements, environmental improvements to the Southern Gateway Public Realm, open space, health care provision, local employment and training initiatives together with obligations to ensure the implementation of a travel plan, low car arrangements and participation in the Considerate Contractor’s Scheme. This is in line with Circular 05/2005, Regulation 122 of the Community Infrastructure Levy Regulations 2010, policy 8.2 of The London Plan 2011 and policy 1.10 of the Ealing Unitary Development Plan 2004, which seek to secure contributions toward infrastructure and services required to facilitate development.
RECOMMENDATIONS
1. That the Committee resolves to GRANT planning permission subject to:
A. The prior completion of a legal agreement with the council to secure the following:
1. The student residential accommodation shall only be occupied by students attending a central London University, or from a list of other further educational establishments that has been approved by the local planning authority.
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2. In perpetuity, no part of the student residential accommodation shall be used as a Use Class C3 dwellinghouse.
3. Leases granted to students to contain a clause prohibiting on-street car parking.
4. Confirmation that the development is a Low Car Housing scheme within the meaning of adopted Ealing Unitary Development Plan policy 9.8, that the occupiers of the development, other than disabled people, will not be entitled to purchase parking permits from the borough council and that the developer will take steps to ensure that this is brought to the attention of future occupiers of the development.
5. To provide and maintain the ‘Community Pocket Park’ and ‘Biodiversity Park’ for the life of the development for unrestricted public access at agreed hours.
6. On commencement of development, to make an Open Space Contribution to the council to provide, maintain and improve public open space in the area.
7. On occupation of the development a contribution to the council of £5,000 towards the borough's air quality monitoring programme; £2,500 to support the provision of two nitrogen dioxide diffusion tubes at the site and £2,500 towards the costs of background monitoring in Acton.
8. On commencement of the development, a payment of £20,000 to the council to provide speed reduction measures on Victoria Road and Wales Farm Road comprising warning signs, surfacing and carriageway markings.
9. On commencement of development, a £30,000 payment to the council to contribute to improvements to public transport infrastructure involving improvements to bus stops and shelters including Countdown Two on bus stops on North Acton Road, Park Royal Road and Chase Road.
10. On occupation of the development, the provision within the development of real time public transport information comprising two ‘Daisy’ messaging boards.
11. On commencement of the development, a payment of £50,000 to the council to provide pedestrian and cycle infrastructure improvements on Portal Way, Victoria Park Road and Wales Farm Road including footway widening, upgrades and signage.
12. On commencement of development, a payment of £5,000 to the council to enable the provision of on-street disabled parking space in the vicinity of the site.
13. On commencement of the development, a payment of £50,000 to the council to secure improvements to the A40 Green Corridor between Portal Way and Savoy Circus.
14. To implement an approved Travel Plan. To monitor the approved Travel Plan annually for a period of 5 years following the occupation of the building. To submit an annual Monitoring Report to the council for written approval. Prior to the first annual submission, to make a £5,000 payment to the council to administer the monitoring reports.
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15. To establish and maintain on site a resident’s bicycle hire club with a pool of ten bicycles.
16. If, prior to the occupation of the building, no arrangements are concluded whereby a GP practice will occupy the ground floor commercial space within Block F, a contribution of £34,041 to the council to facilitate the capital cost of health provision.
17. On commencement of development, a contribution of £10,000 to the council towards local Employment and Training Initiatives and commitment to a Local Labour Scheme.
18. On occupation of the development, the commercial unit on the ground floor of Block G shall be fitted out to include services, wall and floor finishes and made available rent free for a period of 10 years and at 50% of market value for the following 10 years to the Acton Community Forum or an alternative community organization agreed with or nominated by the local planning authority.
19. To participate in the Considerate Contractor’s Scheme.
20. Provision for the reallocation of contributions within the overall amount agreed to allow flexibility with regard to final costs, to ensure that impacts of the development are properly met.
22. The payment of the council’s reasonable legal and other professional fees incurred in drawing up the legal agreement.
B. The following conditions and informatives:
Conditions
Time limit
1. The development hereby permitted shall be begun before the expiration of three years from the date of this decision
Reason: To comply with section 91 of the Town and Country Planning Act 1990.
Reserved matters
2. Notwithstanding the details shown on the plans hereby approved, full particulars of the following shall be submitted to the local planning authority before any development, other than demolition, commences on site and the development shall not be carried out otherwise than in accordance with the particulars approved in writing by the local planning authority:
(a) The materials, including samples, to be used on the external faces of the building. (b) A scheme of external lighting and CCTV. (c) Details of green / brown roofs as opposed to sedum.
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(d) Details of cycle parking for Block G and Block F setting out the types of cycle stands proposed, how the storage areas will be accessed, security arrangements and submission of details of the layout of cycle stands within Block G.
Reasons:
(a) To ensure that the external appearance of the building is satisfactory in compliance with policy 4.1 ‘Design of Development’ of the Ealing Unitary Development Plan 2004. (b) To maximise the safety and security for those using the development in compliance with policy 4.1 ‘Design of Development’ of the Ealing Unitary Development Plan 2004. (c) To contribute to the visual amenity and biodiversity of the area in compliance with policy 4.1 ‘Design of Development’ and policy 4.5 ‘Landscaping, Tree Protection and Planting’ of the Ealing Unitary Development Plan 2004. (d) To ensure adequate bicycle parking arrangements in compliance with policy 9.6 ‘Cycling’ the Ealing Unitary Development Plan 2004.
Implementation of landscaping
3. All planting, seeding or turfing comprised in the approved details of landscaping, including the provision of green / brown roofs, shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development which ever is the sooner and trees or plants which within a period of 5 years from the completion of development die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the local planning authority gives written consent to any variation.
Reason: To contribute to the visual amenity and biodiversity of the area in compliance with policy 4.1 ‘Design of Development’ and policy 4.5 ‘Landscaping, Tree Protection and Planting’ of the Ealing Unitary Development Plan 2004.
Wheelchair housing
4. At least 10% of the student accommodation units shall be accessible or easily adaptable to wheelchair standards and maintained for the life of the development.
Reason: To comply with policy 3.8 ‘Housing choice’ of the London Plan 2011 and policy 5.3 ‘Lifetime Homes and Wheelchair Housing’ of the Ealing Unitary Development Plan 2004.
Piling Method Statement
5. No impact piling shall take place until a Piling Method Statement, detailing the type of piling to be undertaken and the methodology by which such piling will be carried out including measures to prevent and minimise the potential for damage to sub-surface water or sewerage infrastructure and the programme for the works, has been submitted to and approved in writing by the local planning authority. Any piling shall be undertaken in accordance with the approved Piling Method Statement unless otherwise agreed in writing by the local planning authority.
Reason. Thames Water advises that the proposed works are in close proximity to underground water and sewage utility infrastructure and details of the proposed piling methodology are required to prevent damage to such infrastructure.
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Energy & CO2
6. Notwithstanding the information submitted in support of the application, prior to the commencement of development, a report, which includes full details and drawings of the sustainability measures that are to be incorporated into the development, shall be submitted to and approved in writing by the local planning authority. The submitted details shall demonstrate that the development will achieve no less than 21% reduction in carbon dioxide emissions in the student accommodation and no less than 21% reduction in carbon dioxide emissions in the commercial units. In demonstrating compliance with these percentage reduction targets the applicant should consider the use of measures in line with the Energy Hierarchy including the incorporation of on-site renewables. This reduction should be calculated based on carbon dioxide emissions covered by the current Building Regulations plus the carbon dioxide emissions associated with other energy uses not covered by Building Regulations (i.e. regulated and un-regulated). Provision should also be made to monitor the output of any low and/or renewable installations.
Reason: To ensure that the development is energy efficient and to contribute to the avoidance of need for new fossil fuel or other primary energy generation capacity and to reduce emissions of greenhouse gases, in accordance with policies 5.1 ‘Climate Change Mitigation,’ 5.2 ‘Minimising Carbon Dioxide Emissions,’ 5.3 ‘Sustainable Design and Construction,’ 5.5 ‘Decentralised Energy Networks’ 5.6 ‘Decentralised Energy in Development Proposals,’ 5.7 ‘Renewable Energy’ and 5.9 ‘Overheating and Cooling’ of The London Plan 2011, Planning and Climate Change - Supplement to Planning Policy Statement 1 (PPS1) and PPS22: Renewable Energy.
CHP Engine
7. Unless an alternative energy strategy is agreed in writing with the local planning authority, details of the gas combined heat and power facility, which shall provide no less than 25kWe capacity (equivalent to 21% on-site C02 reduction, regulated and un-regulated) in the student accommodation including:
a) its location; specification and operation/management strategy; b) flue location, height and design; and c) the method of how the facility shall be designed to allow for the future connection to any decentralised heating and hot water network
shall be submitted to and approved in writing by the local planning authority prior to any commencement of works on site and the facility shall be installed and operational prior to the first occupation of the first dwelling within the development hereby approved.
The development shall be carried out strictly in accordance with the details so approved, shall be maintained as such thereafter and no change therefore shall take place without the prior written consent of the local planning authority.
Reason: To ensure the facility is provided appropriately and so that it is designed in a manner which allows for the future connection to a district system in accordance with policies 5.1 ‘Climate Change Mitigation,’ 5.2 ‘Minimising Carbon Dioxide Emissions,’ 5.3 ‘Sustainable Design and Construction,’ 5.5 ‘Decentralised Energy Networks’ 5.6 ‘Decentralised Energy in Development Proposals,’ 5.7 ‘Renewable Energy’ and 5.9 ‘Overheating and Cooling’ of The London Plan 2011 and policies 2.9 and 4.1 of the Ealing Unitary Development Plan 2004.
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Photovoltaic Panels
8. Unless an alternative energy strategy is agreed in writing with the local planning authority, details of the scheme of photovoltaic panels, which shall provide for no less than 10.7kWp (equivalent to 21% on-site C02 reduction, regulated and un-regulated) in the commercial units as detailed within the Energy Statement (Rev 5) prepared by Flatt Consulting, shall be submitted to and approved in writing by the local planning authority prior to the practical completion of the development. The approved photovoltaic scheme shall be installed and operational prior to the first occupation of the development. The details shall include:
a) The resulting scheme, machinery/apparatus location, specification and operational details;
Should, following further assessment, the approved renewable energy option be found to be no- longer suitable:
b) A revised scheme of renewable energy provision, which shall provide for no less than 21% onsite C02 reduction, shall be submitted to and approved in writing by the Local Planning Authority prior to the practical completion of the development.
The development shall be carried out strictly in accordance with the details so approved, shall be maintained as such thereafter and no change there from shall take place without the prior written consent of the local planning authority.
Reason: In the interest of sustainable development and combating climate change in accordance with policies 5.1 ‘Climate Change Mitigation,’ 5.2 ‘Minimising Carbon Dioxide Emissions,’ 5.3 ‘Sustainable Design and Construction,’ 5.5 ‘Decentralised Energy Networks’ 5.6 ‘Decentralised Energy in Development Proposals,’ 5.7 ‘Renewable Energy’ and 5.9 ‘Overheating and Cooling’ of The London Plan 2011 and policies 2.9 and 4.1 of the Ealing Unitary Development Plan 2004.
BREEAM - Pre-Occupation (for Multi-Residential and Retail)
9. Unless otherwise agreed in writing by the local planning authority, no part of the development hereby approved shall be used or occupied until Post-Construction Review Certificates issued by the Building Research Establishment confirming that the non-residential development has achieved a BREEAM rating of not less than ‘Excellent rating’ has been submitted to and acknowledged in writing by the local planning authority.
Reason: To ensure that the development achieves a high level of sustainability and makes efficient use of resources is sustainable in accordance with policy 5.3 ‘Sustainable Design and Construction’ of The London Plan 2011.
Acoustic glazing and ventilation
10. The development will be affected by traffic noise at a level which falls within Category D noise exposure. Prior to the commencement of the development, details shall be submitted to and approved by the local planning authority, for mitigation works to protect sensitive rooms from external noise. The criteria to be met and the assessment method shall be that specified Ealing SPG10 "Noise and Vibration". The details shall include alternative means of ventilation for noise sensitive rooms. The development shall not be carried out otherwise than in accordance with the details approved.
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Reason: To ensure good living conditions for residents in compliance with policy 5.5 ‘Residential Design’ of the Ealing Unitary Development Plan 2004.
Air quality
11. Prior to the commencement of development, a scheme for the provision of mechanical ventilation to rooms on the Portal Way façade of each building shall be submitted to the local planning authority for written approval. The approved ventilation scheme shall be implemented in full before any units are occupied and shall be maintained thereafter for the lifetime of the development. Glazing to the Portal Way façades shall be sealed.
Reason: To safeguard the amenity residents and to meet the requirements of policy 2.6 ‘Air Pollution and Quality of the Ealing Unitary Development Plan 2004.
Plant noise
12. The rating noise level emitted from the proposed external plant and machinery at the proposed development, as assessed under BS4142: 1997, shall be lower than the existing background noise level by at least 5 dBA as measured at 3.5 m from the nearest ground floor sensitive facade and 1 m from upper floor noise sensitive facades, during the relevant periods of operation.
Reason: To ensure acceptable noise breakout from the basement plant room will not be a problem in compliance with policy 5.5 ‘Residential Design’ of the Ealing Unitary Development Plan 2004.
Use of roof terraces
13. Unless alternative arrangements are approved in writing by the local planning authority, the roof terraces shall be permanently fitted with 1.8 metre high obscured glass balustrades and, together with the Biodiversity Park adjacent to Block F and the Community Pocket Park adjacent to Block G shall not be used for amenity purposes outside the hours of 8.00 am to 10.00 pm on any day. There shall be no playing of amplified sound or music in these areas.
Reason: To maintain the amenity of adjoining property in compliance with policy 4.1 ‘Design of Development of the Ealing Unitary Development Plan 2004.
Bicycle parking
14. Unless alternative arrangements are approved in writing by the local planning authority provision shall be made and maintained within the development for 130 bicycle parking spaces, A minimum of 89 spaces shall be allocated for the student residential accommodation and 30 spaces for the remainder of the development.
Reason: To ensure sustainable development and to comply with policy 9.6 – ‘Cycling’ of the Ealing Unitary Development Plan 2004.
Decontamination
15. Development of the site shall not commence until a decontamination scheme has been submitted to the local planning authority for written approval. The scheme should identify the
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extent of any contamination and the decontamination measures to be taken to avoid risk to the public, buildings and environment when the site is developed. Details of the scheme should include:
(a) A ‘desk study report’ documenting the history of the site. (b) A proposal to undertake an intrusive investigation at the site based on the findings of the desk study. (c) A ‘site investigation report’ to investigate and identify potential contamination. (d) A risk assessment of the site. (e) Proposals for any necessary remedial works to contain, treat or remove any contamination. (f) Where remediation is required, it shall be carried out before the site is occupied and a certificate or validation report stating that remediation has been completed as agreed with the local planning authority must also be prepared by a suitably qualified person and submitted to the local planning authority for written approval. Occupation of the site must not occur until the local planning authority has approved the certificate or validation report.
Reason: To ensure that contaminated land is properly treated and made safe before development, to protect public health, to ensure that controlled waters are not at risk of contamination and to meet the requirements of policy 2.7 ‘Contaminated Land’ of the Ealing Unitary Development Plan 2004.
16. If during redevelopment, contamination not previously identified is found at the site then no further development (unless otherwise agreed in writing by the local planning authority) shall be carried out until the developer has submitted and obtained written approval from the local planning authority for an amendment to the remediation strategy detailing how the unsuspected contamination shall be dealt with.
Reason: To ensure that contaminated land is properly treated and made safe before development, to protect public health, to ensure that controlled waters are not at risk of contamination and to meet the requirements of policy 2.7 ‘Contaminated Land’ of the Ealing Council Unitary Development Plan Adopted 2004.
Air quality
17. During the demolition and construction phases, the air quality mitigation measures set out at Section 6 of the approved Air Quality Assessment by RPS dated May 2011 shall be maintained at the site.
Reason: To safeguard the amenity of adjacent residents and the area generally and to meet the requirements of policy 2.6 ‘Air Pollution and Quality of the Ealing Unitary Development Plan 2004.
Building Management Plan
18. The student accommodation shall be managed in accordance with the Management Plan hereby approved. Such arrangement shall be maintained for the life of the development unless alterative arrangements are approved in writing by the local planning authority.
Reason: To ensure the satisfactory operation of the building in compliance with policy 4.1 ‘Design of Development’ of the Ealing Unitary Development Plan 2004.
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Construction Management Plan and Service Management Plan
19. Development of the site shall not commence until a Construction Management Plan and a Service Management Plan have been submitted to the local planning authority for written approval. Thereafter the approved Construction Management Plan and Service Management Plan shall be implemented and maintained unless alterative arrangements are approved in writing by the local planning authority.
Reason: To ensure satisfactory conditions on the public highway in compliance with policy 9.1 ‘Development, Access and Parking’ of the Ealing Unitary Development Plan 2004.
Travel Plan
20. Development of the site shall not commence until a Travel Plan has been submitted to the local planning authority for written approval.
Reason: To ensure satisfactory conditions on the public highway in compliance with policy 9.1 ‘Development, Access and Parking’ of the Ealing Unitary Development Plan 2004.
Safety audit
21. Development of the site shall not commence until a independent safety audit of the proposed car parking layout has been submitted to the local planning authority and approved in writing. Thereafter the approved details shall be implemented and maintained unless alterative arrangements are approved in writing by the local planning authority.
Reason: To ensure satisfactory conditions on the public highway in compliance with policy 9.1 ‘Development, Access and Parking’ of the Ealing Unitary Development Plan 2004.
Highway works( section 278)
22. The development shall not commence until the London Borough of Ealing (as the highway authority) has approved in writing a scheme of highway improvements necessary to serve the development being alterations to the adopted lengths of Portal Way and Victoria Road.
Reason: To ensure highway works are completed prior to the commencement of development and to mitigate the future impacts of the development on the existing road network in accordance with policy 9.1 ‘Development, Access and Parking’ and policy 9.5 ‘Walking and Streetscape’ of the Ealing Unitary Development Plan 2004.
Informatives
1. This permission is subject to a planning obligation agreement under section 106 of the Town and Country Planning Act 1990.
2. With regard to condition 11 (a scheme for the provision of mechanical ventilation to rooms on the Portal Way façade), the design of the system should avoid contamination of air intakes from boiler and extract vent discharges. The air intake should be located at high level at the rear of each building. Trickle vents on the Portal Way façade of each building should be avoided to prevent ingress of polluted air.
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3. The details of external lighting required by condition 2 should comply with the Institution of Lighting Engineers Guidance Notes for the Reduction of Light Pollution.
4. You should consult the Council’s Transport Development Section, 4th Floor, Perceval House, 14-16 Uxbridge Road, London W5 2HL regarding alterations to the public highway and condition 22 that will necessitate an agreement with the London Borough of Ealing under section 278 of the Highways Act.
5. The Construction Management Plan and Service Management Plan required by condition 19 should meet the requirements of policy 4.11 ‘Noise and Vibration’ of the Ealing Council Unitary Development Plan 2004, the Construction Management Plan should limit construction hours as follows: Building operations should only be carried out between 8.00 am to 6.00 pm Monday to Friday, and 8.00 am to 1.00 pm on Saturdays and not at all on Sundays and Bank Holidays: Piling operations should only be carried between 10.00 am to 4.00 pm Monday to Friday and 10.00 am to 1.00 pm on Saturdays and not at all on Sundays and Bank Holidays.
The Construction Management Plan and Service Management Plan shall:
Restrict deliveries to the site by lorry to between the hours of 8.00 am to 6.00 pm and, Limit the size of vehicles to no greater than 10 metres in length.
6. The development is likely to effect Gas and Electricity apparatus and you should consult National Grid Plant Protection, National Grid, Block 1, Floor 2, Brick Kiln Street, Hinkley, LE10 0NA, Tel: 0800 688 588, Email: [email protected]
7. You should consult Thames Water, Development Planning, Asset Investment Unit, Maple Lodge, Denham Way, Rickmansworth, Herts WD3 9SQ Tel. 01923 898072 with regard to surface water drainage, sewage, trade effluent and water supply. Thames Water will aim to provide a minimum pressure of 10m head (1 bar) and a flow rate of 9 litres a minute at the point where it leaves Thames Water’s pipes.
8. You should consult Thames Water Developer Services Tel. 0845 850 2777 to discuss the details of the Piling Method Statement required by condition 5.
9. You are advised that this planning permission does not grant any consent or approval other than under section 57 of the Town and Country Planning Act 1990.
10. You are advised that express consent may be required under the Town and Country Planning (Control of Advertisements) Regulation 2007 for the display of advertising signs at the site.
11. Your attention is drawn to section 151 of the Highways Act 1980 which requires that all construction vehicles leaving the site must be cleansed as necessary to avoid depositing mud and other material on neighbouring roads.
12. Access arrangements for disabled people should comply with Part M of the Building Regulations. The accessible units should be provided with a wet room, doors of the accessible WC’s should open inwards and there should be level access to all communal areas.
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13. You are advised that the council prefers the use of “Sheffield” bicycle stands and it is requested that such stands are used.
14. Any other informative(s) considered necessary by the Director of Built Environment.
2. That, if within 3 months of the date of this Committee, the legal agreement has not been executed, the Director of Built Environment be delegated authority to refuse planning permission.
SITE AND SURROUNDINGS
The application site measures 0.24 hectares comprising two rectangular areas of previously developed land, on the north side of Portal Way. The two sites are divided by a pedestrian walkway that links Portal Way with Victoria Road. A further walkway runs along the north side of the eastern site.
The site forms part of the large island comprising the Gypsy Corner Gyratory System. Portal Way is part of the one-way system and provides a west to east link between Victoria Road and Wales Farm Road. Portal Way is heavily trafficked and has a 30mph speed limit. There is a footway running along both sides of Portal Way, at least 2.5 metres in the narrowest section but on average around 3 metres. Victoria Road runs along the northern and western boundary of the site, while Wales Farm Road runs along the eastern boundary. The gyratory was created as part of Ealing council's regeneration activities in the Park Royal Southern Gateway area.
To the north there are three blocks of 10 to 15 storeys comprising Trentham Court, Ebbett Court and Poulton Court. The ground floor of the buildings provides commercial development comprising a restaurant, betting office, supermarket and a community hall. The upper floors are residential. The application sites were last used as site compounds during the construction of the development to the north.
Further north is a hotel and petrol filling station and a cleared site on the north side of Victoria Road. Beyond that are two access points to North Acton underground station.
To the north-east is the site of the former BBC Costume Store currently being redeveloped to provide 286 sq m of commercial space, 718 bedrooms of student accommodation and 4 studios for academic staff, with associated teaching space, exhibition gallery, parking and amenity space.
To the east there is an existing priority junction access on the northern side of Portal Way that provides access to an existing turning head on the north side of Portal Way that would provide for the servicing of the development.
To the south Portal Way carries traffic in a west to east direction. There are crossing points for pedestrians to access the buildings on the south side of the road comprising commercial premises used for a mix of offices, warehouses and a hotel that extend southwards towards the A40 - Western Avenue.
To the west Victoria Road forms part of the wider gyratory system. Again there are crossing points at the signal-controlled junction. Beyond that is a commercial site and further west Acton Cemetery.
The nearest section of the Transport for London Road Network is the A40 200 metres to the south of the site. The A40 is one of 12 Cycle Superhighways being planned by TfL.
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North Acton underground station on the Central line is 200-metres to the north, while Acton Mainline station is some 750 metres to the south along Horn Lane. Willesden Junction station is approximately 1.6 kilometres (16-20 mins walk or 5-6 mins cycle) north of the site along Old Oak Lane with services on the Bakerloo Line and London Overground. Five bus routes (Nos. 440, 266, 260, 487 & 95) pass within walking distance of the site, with the nearest bus stop being on Victoria Road, approximately 120 metres north-east of the site. When assessed in 2006, the site had a Public Transport Accessibility Level 4. Improvements in public transport and the Crossrail station at North Acton will result in a PTAL Level 6A. Crossrail will operate up to 12 trains an hour from 2018/19.
The area surrounding the site is within the Gypsy Corner controlled parking zone (CPZ), which operates Monday to Friday between 9am and 5pm. There are parking spaces for two vehicles along Victoria Road immediately to the west of the site. These permit parking for one hour with a no return within one-hour restriction.
The application site forms part of the ‘Southern Gateway Special Opportunity Area’ and is on the edge of the Major Employment Location of Park Royal Industrial Estate both shown on the Proposals Map of the Ealing Unitary Development Plan 2004.
PROPOSAL
Application is made for full planning permission for the redevelopment of the two sites to provide two buildings totaling 6,724 sq m comprising 184 rooms of student residential accommodation and 382 sq. m of commercial/community space. Block F (western site) would comprise an eight-storey building and Block G (eastern site) would be a seven-storey building.
Overall, the development would comprise:
184 student accommodation units (including 4 Twins and 20 Wheelchair Accessible Units); Communal student lounge and laundry; Dedicated student accommodation receptions with concierge; 100 on-site enclosed secured cycle parking spaces in two separate areas including 2 tricycle space, with visitor and commercial user cycle spaces; Refuse and recycling facilities; 3 disabled parking spaces, one with an electric charging point and one doctor’s space accessed from the existing turning head; 382 sq. m of floorspace within two separate units of 212 sq. m and 170 sq. m for use either for Class A1 (Shop), A2 (Financial and professional services), A3 (Café / restaurant), B1 (Business) or D1 (Non residential institution) at ground floor within each building fronting Portal Way; A 395 sq m community “pocket park” adjacent to Block G; A 350 sq m “biodiversity park” adjacent to Block F; Communal roof terraces to both buildings and also a sky lounge on Block G; Sedum Roofs; and Plant room at basement level on Block F.
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MATERIAL PLANNING HISTORY
Material applications at the Southern Gateway development site
38451 Granted Phased development of site to include the re-organisation of 04/10/01 the local road gyratory new access road and accesses a car showroom and ancillary workshop (7,841 sq m) Class B1 employment uses (16,605 sq m) mixed uses comprising Class B1 employment uses (9,225 sq m) hotel (200 beds) retail (2,000 sq m) leisure (4,000 sq m) and residential (110 units) with a total car parking provision on the property of 282 spaces together with the provision of new public streetscape including a network of public cycle and pedestrian routes, lighting signage closed circuit television street furniture landscaping and associated open space (Outline application)*
38451/1 Granted Reorganisation of gyratory (new access road and accesses), 21/10/03 Car Showroom and ancillary workshop (not exceeding 7841 sq m); Phase 2 - B1 employment uses (not exceeding 16,605 sq m); Phase 3 - Mixed uses comprising B1 uses (not exceeding 9225 sq m); Hotel(s) (not exceeding 237 beds); Retail uses (not exceeding 2000 sq m); Leisure uses (not exceeding 4,000 sq m) & residential use (not exceeding 398 dwellings). Total parking provision 422 spaces. Provision of new public streetscape including a network of public cycle and pedestrian routes, lighting, signage, CCTV, street furniture and landscaping and associated open space.
P/2004/3977 Granted Mixed-use redevelopment to provide two buildings (Block A - 14 02/06/05 storeys plus basement, including part 10 part 12 no. storeys; Block C/D - 15 storeys, including part 12 storeys) comprising 446 residential units (including affordable housing), retail (A1/A3, A4/A5) use, community use, public open space, north-south pedestrian route, vehicle access, car and cycle parking, refuse storage and landscaping.
P/2009/4065 Granted Redevelopment (following demolition of the former BBC 20/05/10 Costume Store) to provide a part six, thirteen, fifteen and eighteen storey building (incorporating a basement floor) comprising 286 sqm of retail/financial and professional/food and drink/hot food take-away spaces (A1/A2/A3/A5 Use Classes) and 92 cluster units (of between 6-9 units per cluster) providing 718 bedrooms of student accommodation and 4 studios for academic staff, with associated teaching space, exhibition gallery; vehicle/pedestrian access from Victoria Road; 9 car parking spaces including 7 disabled spaces and 314 cycle parking spaces and 4 disabled scooter spaces and a turning head; private and public open spaces comprising a private courtyard, public square, open space and multi-use games area (MUGA), and hard and soft
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landscaping; and refuse storage.
Material applications at the application site
On 23 July 2008, the Planning Committee considered an application for planning permission (P/2007/5195) by Fairview New Homes Ltd for the redevelopment of the Gypsy Corner site, bounded by Western Avenue (A40), Victoria Road and Wales Farm Road (the current application site) for the following development:
“Mixed-use redevelopment to provide two buildings (Block F – 11 storeys: retail (A1, A2, A3, A4 & A5 use classes) (125 sq m) to ground floor; first and second commercial (576 sq m (B1a use class); and 8 floors (third-tenth floors levels) comprising 61 residential units; Block G – 12 storeys – retail (A1, A2, A3, A4 & A5 use classes) (343 sq m) to ground floor, first, part second and third floor commercial (amounting to 805 sq m) (B1a use class); and 8 floors (part second and third, and fourth – eleven) comprising 59 residential units (including affordable housing) (a total of 120 residential units); cycle parking, refuse storage and landscaping and including part of north-south pedestrian route and public open space.)”
The application was subject to an appeal to the Planning Inspectorate against the council’s failure to determine the application within the prescribed period. The Committee resolved that had it retained jurisdiction, it would have refused the application on the following grounds:
1. The proposed development would, due to the severe lack of private useable amenity space and lack of any children’s play area provision, represent a significant overdevelopment of the site and would result in unacceptable living conditions for future occupiers. As such, the proposal is contrary to policies 3.5, 4.1, 4.5 and 5.5 of the adopted Ealing Unitary Development Plan, ‘Plan for the Environment’ (2004), policy 3D.13 of the London Plan – Spatial Development Strategy for Greater London (Consolidated with alterations since 2004 – February 2008) and to the advice contained in the Mayor of London’s Supplementary Planning Guidance: ‘Providing for Children and Young People’s Play and Informal Recreation’ (March 2008).
2. The proposed development would, due to the high ambient noise levels and poor air quality at the site, result in unacceptable living conditions for future occupiers of the residential units proposed. As such, the development is contrary to policies 2.6, 4.1, 4.11 and 5.5 of the adopted Ealing Unitary Development Plan, ‘Plan for the Environment’ (2004).
In August 2008, the appellants amended a parallel application for a similar development (P/2006/4583) to address the council’s concerns. The amendments comprised the replacement of part of the ground floor commercial area to Block G with an amenity/play space measuring 500 sq m and a reduction in the provision of retail floorspace in Block F to 134 sq m.
On 13 August 2008, the Planning Committee considered the amended application and resolved to refuse planning permission for the following reasons:
1. The proposed development would due to the high ambient noise levels and poor air quality at the site, will result in unacceptable living conditions for future occupiers of the residential units proposed. As such the development is contrary to policies 2.6, 4.1, 4.11 and 5.5 of the adopted Ealing Unitary Development
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Plan ‘Plan for the Environment’ 2004 and the provisions of draft Supplementary Planning Guidance 3 ‘Air Quality and Pollution’ and Supplementary planning Guidance 10 ‘Noise and Vibration’.
2. The proposal would result in the overdevelopment of this site due to the height of the buildings proposed, their proximity to the existing blocks to the North, the resultant lack of privacy, poor outlook and implications for lighting for both the existing and prospective residents of these respective buildings (particularly for the residents of the North facing single aspect units within the proposed blocks), the lack of adequate amenity space for the prospective residents and distance from public open space, the proximity of building G to the site boundaries and the failure to offer a suitable setting for the building and the lack of adequate landscaping in conjunction with the development. The proposal would therefore be contrary to policies 2.2, 4.1, 4.5 and 5. 5 of the adopted London Borough of Ealing Unitary Development Plan ‘Plan for the Environment 2004.
3. The provision of 2 disabled car parking spaces in association with retail units, the office accommodation and the 120 flats proposed within this scheme and the proposed siting of these spaces at the Eastern end of the site requiring a significant journey for any disabled person wishing to gain access to the Westernmost block proposed, would result in an inadequate disabled parking in accordance with the standards of the local planning authority and a poor siting of these spaces with regard to some of the accommodation they are intended to serve. The proposal would therefore not be in the interest of the comfort and convenience of disabled persons and would be contrary to policies 4.1, 4.3 9.1 and 9.7 of the adopted Ealing Unitary Development Plan ‘Plan for the Environment’ 2004 and the provisions of Supplementary planning Guidance 7 ‘ Accessible Ealing’.
The appellants had undertaken a noise assessment which showed that the proposed residential accommodation would lie in Noise Exposure Category C, as defined in Planning Policy Guidance Note 24 and, with suitable planning conditions, the harm from external noise could be overcome. The council sought counsel’s opinion and it was recommended that this aspect would be difficult to defend at appeal. On 28 August 2008, the Chair of the Planning Committee agreed that the council should not pursue the objection on noise grounds contained in Reason 2.
At the appeal the Inspector considered the amended plans and decided the main issue was the effect of the proposal on the living conditions of future residential occupiers, with special regard for (i) the provision of private and public amenity space including space for child play, and (ii) air quality.
The Inspector dismissed the appeal concluding:
1. Future residential occupiers would most likely not be exposed to poor air quality. However; 2. The proposal fails to provide adequately for amenity/garden and children’s play space; the shortfall is serious as the wider area is deficient in accessible public open space.
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CONSULTATION
Neighbour notification: 635 residential and commercial owner / occupiers in the surrounding area have been notified, including land owners / agents of other development sites at the Portal Way gyratory and on Western Avenue. The application has also been advertised in the Ealing and Acton Gazette.
No of individual responses: Objecting: Supporting:
11 11 0
No. of petitions received: 0
Material representations received from neighbours may be summarised as follows:
The developer of Ebbert Court, Trentham Court and Poulson Court advised purchasers that the land along Portal Way would become communal gardens. The land should not be developed rather it should become either “green land” or parking. With the development of the BBC Costume Store the development would introduce almost a thousand students into the area where large green areas are missing. Insufficient thought given to parking and common areas. There is already insufficient street parking for Ebbert Court, Trentham Court and Poulson Court. The development would place more strain on the existing limited services including North Acton tube station. Adverse effect on the daylight reaching flats in Ebbert Court and Trentham Court. Overshadowing of the communal open space / garden between Ebbert Court, Trentham Court and Poulson Court. Increased noise affecting Ebbert Court. The proposed roof terraces would cause overlooking of existing flats in Trentham Court and Ebbert Court due to proximity. Unrestricted hours of use would cause disturbance during the evenings and at night. Overlooking of Ebbert Court. The “biodiversity” park and community “pocket park” whilst beneficial to local residents would cause disturbance. The development should be 3 or 4 storeys. The development would breach local residents human rights.
(Officer comments: On the Proposals Map of the Ealing Unitary Development Plan 2004, both application sites are allocated within the ‘Southern Gateway Special Opportunity Area.’ There
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has been no intention by the council that they would be laid out as open space. In 2008, the Planning Committee, whilst twice determining it would have refused planning permission due to detailed concerns, raised no objection in principle to redevelopment.
The application site is located within an area of Open Space deficiency and the council aspires to improve provision within the Southern Gateway. The application site cannot in itself deal with the entirety of this issue but can make a contribution to provision.
At ground level, the western end of the application site would be laid out as a “biodiversity park” with native planting and mature trees. Between the two blocks a community “pocket park” is proposed that would provide green space in the heart of the site, providing outdoor space for all members of the community. This would be mounded to provide areas to sit that would to a degree be sheltered from Portal Way.
The BBC Costume Store is being redeveloped to provide 718 bedrooms of student accommodation. With the development now propose, there would be 902 student bedrooms in the area.
The Council’s Transport Department support redevelopment by a ‘low car scheme.’ To minimize parking stress, recommended Heads of a legal agreement require that leases granted to students should contain a clause prohibiting on-street car parking and a ‘low car’ arrangements prohibiting occupiers of the development, other than disabled people, from purchasing on- street parking permits.
There is no evidence of inadequate capacity in local services. The Ealing Primary Care Trust has not raised objection. The PCT has requested a financial contribution towards the capital cost of providing health facilities arising as a result of the development. The developer has agreed that if prior to the occupation of the building, no arrangements are concluded whereby a GP practice will occupy the ground floor commercial space within Block F, a contribution of £34,041 to the council to facilitate the capital cost of health provision. Neither Transport for London, nor London Underground, have raised objection to increased use of North Acton station. The development includes Class A uses that would improve shopping and other services in the area.
The appeal scheme considered by the Planning Committee on 28 July 2008, involved buildings 11 storeys high on site F and 12 storeys on site G. The height, scale and massing of the development and its impact on neighbouring properties was considered acceptable by the Committee and was not cited as one of the reasons that the Committee considered the scheme unacceptable. The Daylight and Sunlight Assessment which
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supports the current application demonstrates that the 7 and 8 storey development now proposed would result in a material improvement in respect of impact on neighbouring property in comparison to the appeal scheme. On average, the application scheme would result in a 24.5% improvement over the appeal scheme with all neighbouring properties experiencing a material improvement in natural light at all levels.
The proposed buildings lie to the south of the existing open space between Ebbert Court, Trentham Court and Poulson Court. However, sunlight would be able to pass around as well as over the proposed new buildings. The amount of permanent overshadowing would amount to 2.3% of the amenity space and be limited to the extreme south-east corner. The scheme satisfies the Building Research Establishment’s overshadowing guidelines.
Further comments on Sunlight and Daylight are provided in “Material Planning Considerations” below.
The development would provide acoustic screening to some of the dwellings in Trentham Court, Poulton Court and Ebbett Court from Portal Way. This would result in beneficial reductions in noise from traffic. In some locations the reduction would be some 10dBA, a perception of halving the noise. This falls to 1-2dBA on those facades principally affected by traffic on Victoria Road. Although the smaller reductions would not be so noticeable, they would still be beneficial.
A recommended condition requires the implementation of submitted Management Plan for the student accommodation. It is considered that the document provides an effective framework to deal with any anti-social behaviour and noise problems caused by residents.
At their closest, the roof terraces are 9 metres and 11 metres distant from Trentham Court and Ebbert Court respectively. A recommended condition stipulates that the roof terraces shall be permanently fitted with 1.8 metre high obscured glass balustrades and, together with the Biodiversity Park adjacent to Block F and the Community Pocket Park adjacent to Block G, shall not be used for amenity purposes outside the hours of 8.00 am to 10.00 pm on any day.
The Planning Committee previously raised no objection to the redevelopment of the application site by 11 and 12 storey buildings. The Planning Inspectorate accepted that arrangement and no need is seen to limit the development to 3 or 4 storeys.
It is not considered that a grant of planning permission would interfere with local residents rights to respect for their private and family lives, home and correspondence, except insofar as it is
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necessary to protect the rights and freedoms of others (in this case the rights of the applicant). The council is also permitted to control the use of property in accordance with the general interest and the recommendation to grant planning permission is considered to be a proportionate response to the submitted application based on the considerations set out in this report.)
Non material points raised by neighbours maybe summarized as follows:
The development will reduce the value of adjacent flats. Loss of views from adjacent flats. Unacceptable noise and dust during building operations.
(Officer comment: Impact of development proposals on property values is not a material planning consideration. Impact on views is only a material consideration when the public interest is affected which is not the case here. Some disturbance during major building operations tends to be inevitable and can be controlled by conditions on any permission and by Environmental Protection legislation).
East Acton Ward Councillors A Ward Councillor questions the possible provision of a doctor’s surgery within the development. Being within a 5-minute walk of the existing Cloister Road surgery (where expenditure has been reduced) concern is expressed whether an additional surgery is required to meet the needs of local residents. Suggests a dentist would be more appropriate.
(Officer comment: The applicant seeks planning permission for flexible use on the ground floor of both buildings including uses within Class D1 (Non residential institution) which embraces both GP surgeries and dentists. Should planning permission be granted the accommodation could be used for either purpose. The applicant says that a GP practice has expressed an interest in taking the ground floor of Block F to accommodate three GP's and a nurse providing care to 2,000 patients locally.
As mentioned, the developer has agreed that if prior to the occupation of the building, no arrangements are concluded whereby a GP practice will occupy the ground floor commercial space within Block F, a contribution of £34,041 would be paid to the council to facilitate the capital cost of health provision. Under that scenario, it would be the responsibility of the PCT to decide where the money would best be spent).
External consultation
Transport for London (TfL) Advises:
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The site has good public transport availability and the development should not have detrimental impact on the TfL road network although a Travel Plan should manage moving in arrangements and access to the GP Surgery with a Delivery Service Plan possibly needed. Welcomes ‘low-car‘ arrangements. Happy to leave bicycle parking provision to the local planning authority. TfL is aiming to improve cycle and pedestrian facilities on the TfL road network (A40). Would welcome a contribution to enable such works although accepts other more local improvements may take precedence such as improved signage and pedestrian crossings. The developer should prepare a Construction and Logistic Plan to minimize impact during peak hours. The A40 is part of the Olympic Route Network and will be required to be clear of obstruction between June to September 2012.
(Officer comment:
A recommended Head of agreement requires the submission and implementation of a Travel Plan. A recommend condition requires the approval and implementation of a Construction and Logistics Plan and a Service Management Plan).
London Underground Limited No objection.
West London Health Estate and Request that Ealing PCT receives a section 106 contribution to Facilities Management support the healthcare services required by the additional population the development would produce. Based on a 3-year development programme, using the HUDU model, a capital contribution of £34,041 and a revenue contribution of £525,192 are requested.
(Officer comment: The developer has agreed that if prior to the occupation of the building, no arrangements are concluded whereby a GP practice will occupy the ground floor commercial space within Block F, a contribution of £34,041 to the council to facilitate the capital cost of health provision and an appropriate Head of agreement is recommended).
London Fire Brigade No representations received.
Metropolitan Police Crime Satisfied that the scheme meets Secured By Design criteria. Prevention Officer
National Grid Requests consultation by the developer as construction works may affect operational gas and electricity apparatus.
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(Officer comment: An informative is recommended).
British Gas Plc No representations received.
Thames Water Utilities No objection in principle. Requests any planning permission is conditional upon the approval of a piling method statement and informatives regarding surface water drainage, trade effluents and water pressure.
(Officer comment: An appropriate condition and informative are recommended).
Southern Electricity Plc No representations received.
Ealing Community Network No representations received.
Park Royal Partnership No representations received.
West Acton Residents Association Not totally against the application but has the following concerns.
There is a need in the area for far more green space than the “pocket parks” proposed. Whilst welcome, they do not adequately address the fundamental lack of recreational space in the area, especially when the number of residents of the adjoining Fairview Homes development and students at the BBC Costume Store is considered. The open space and a “living wall” will need to be well maintained. The potential number of cyclists generated by the development and the Costume Store could exceed 400. The Grand Union Canal towpath is inadequate for such numbers and gives weight to the opinion that the proposed Cycle Superhighway should be along the A40 rather than other routes. The Noise Assessment supporting the application indicates that the site falls within PPG24 Noise Category D where planning permission for residential development should normally be refused. Considerable noise insulation will be required to obtain habitable internal living conditions. With the increasing population in the area, additional medical facilities are required but questions whether a new surgery is the best solution. The Association mentions that the Cloister Road surgery could be willing to expand which may be more cost effective than setting up a new one.
(Officer comment: The developer has agreed a financial contribution towards the provision of open space and public realm to be spent on the Park Royal Southern Gateway and for improvements to North Acton Cemetery and North Acton Playing
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Fields. Contributions to improvements in cycling provision and the A40 Green Corridor, which includes a cycle lane, have also been offered. A recommended condition requires the approval of acoustic glazing and ventilation. Flexible use of the commercial units is sought. If no arrangements are concluded whereby a GP practice will occupy the ground floor commercial space within Block F, it is recommended that a contribution of £34,041 be paid to the council to facilitate the capital cost of health provision. Under that scenario, it would be the responsibility of the PCT where the money would be best spent).
Ealing Civic Society Expresses the following concerns:
The number of flats proposed so close to existing flats that lack open space, a poor living environment and the concentration of students who are encouraged to cycle without adequate cycle tracks. The development will overshadow existing accommodation and open space. Air quality is unacceptable evidenced by proposed windows that do not open. More land should be planted and screened from noise and pollution. The outdoor space would have poor environmental conditions of both noise and pollution. All residents need adequate areas of park for outdoor recreation. There is inadequate social infrastructure. Expansion of the existing doctor’s surgery is more likely to succeed. The community provision would need funding for maintenance. Increased congestion including tube travel. Cycleways are required. Super Highway Route 10 should be prioritised and the scheme for the Western Avenue Green Corridor activated.
(Officer comment: It is not accepted that the development would result in a poor living environment for students nor adversely affect the amenity of neighbours to a degree that warrants a refusal of planning permission. Sunlight and daylight condition would be significantly improved compared to the larger development where conditions were accepted by the Committee and the Planning Inspectorate in 2008. A recommended condition requires the approval of acoustic glazing and ventilation to mitigate air quality concerns. The scheme includes 745 sq m of open space that would be available for public use and the developer has offered a contribution towards open space and public realm to be spent on the Park Royal Southern Gateway and for improvements to North Acton Cemetery and North Acton Playing Fields. It is the responsibility of the PCT to determine where health infrastructure should best be provided. Neither
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Transport for London, nor London Underground, have raised objection regarding increased use of North Acton station. Contributions to improvements in cycling provision and the A40 Green Corridor / cycleway have been offered).
Internal consultation
Social Services No representations received.
Ealing Access Officer The accessible units should have a wet room provided. The doors of the accessible WC’s should open inwards. There should be level access to all communal areas.
(Officer comment: Internal arrangements within the buildings are not a town planning matter. Nevertheless, an appropriate informative is recommended).
Environmental Services (Refuse) Satisfied with proposed arrangements.
Parks Services and Major Projects No objection in principle.
To increase biodiversity and interest, consideration should be given to using brown roofs rather than sedum.
This part of the borough is deficient in amenity space and the development itself has a significant shortfall. Applying the communal garden standard within SPG13 which recommends garden space of 75 sq m for 5 units, 184 units would result in a 2,531 sq m shortfall of garden space (taking into account the roof gardens). The landscape areas around the building park would provide a useful gathering space but due to the close proximity of busy roads are unlikely to provide meaningful recreation space.
Requests a financial contribution of £63,275 fund the laying out a recreational space. There are two locations where funding could be spent:
1. Acton Cemetery 200 m from the development is the main recreational space in the area. The cemetery doesn’t provide the full range of recreational opportunities offered by a park but the site is well used by officer workers, local residents and provides an attractive green space for passive recreation activities and a valuable wildlife habitat.
2. North Acton Playing Fields.
(Officer comments. A condition regarding the use of green / brown roof as opposed to sedum is recommended. The developer has agreed the requested open space contribution and an appropriate Head of agreement is recommended).
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Regeneration Park Royal has been identified in Ealing’s LDF as having a severe deficiency of public open space. A mitigating contribution is requested to contribute to the creation of the Southern Gateway at North Acton station.
(Officer comment: The developer has agreed a contribution).
Sustainability & Energy Officer No objection in principle. The applicant has submitted an Energy Statement, Ealing’s Sustainability Checklist and BREEAM Pre- Assessment for Multi-Residential and Commercial to demonstrate compliance with the Ealing UDP and London Plan policies and Building Regulations Part L 2010.
Recommends that any planning permission be conditioned to require the submission, approval and implementation of a revised energy strategy to include additional information regarding the proposed combined heat and power unit for the student accommodation, the solar PV panels and air sourced heat pumps. Also recommends a condition to ensure a BREEAM ‘Excellent’ rating.
(Officer comment: Appropriate conditions are recommended).
Regulatory Services (Pollution Contaminated land: Control) Advises a condition to secure site decontamination.
(Officer comment: An appropriate condition is recommended).
Noise:
The site falls into Noise Category D. where planning permission should normally be refused. If permission is to be granted a very high level of acoustic insulation will be required. The submitted Noise Assessment recommends that building elements should achieve a sound insulation index of 55dB for the cladding and 50dB for glazing. This should be a minimum. None of the proposed external amenity space areas will meet the WHO and BS 8233 noise criteria of 55LAeq dB(A) regarded as the upper limit for the protection of a suitable external noise environment. Recommends a condition to protect sensitive rooms, gardens and balconies from external noise is imposed on any planning permission.
(Officer comment: An appropriate condition and informative are recommended).
Roof terrace:
The roof terrace represents a potential source of significant noise disturbance to neighbouring residential blocks if not managed
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appropriately. Recommends a condition to limit hours of access and to prevent the playing of amplified music in this area.
(Officer comment: A condition limiting hours of use to between 8.00 am to 10.00 pm on any day and to prevent the playing of amplified sound or music is recommended).
Plant noise:
The Plant Noise Report only considers noise from plant located on the roof of each block. There is no assessment of the potential for noise breakout from the basement plant room that contains the boiler and CHP plant. The report concludes that rating noise levels from the roof plant combined will be only between 2 to 3 db(A) below existing background levels. SPG 10 criteria requires the level to be at least 5dB(A) below existing background levels. Recommends a condition to ensure that noise levels from external plant shall be lower than the existing background noise level by at least 5 dBA as measured at 3.5 m from the nearest ground floor sensitive facade and 1m from upper floor noise sensitive facades.
(Officer comment: An appropriate condition is recommended).
External lighting:
There are no details provided regarding lighting at the proposed development. Details, which should comply with the recommendations of the Institution of Lighting Engineers Guidance Notes for the reduction of light pollution, should be conditioned.
(Officer comment: An appropriate condition is recommended).
Air quality:
The proposal brings the new residential receptors in both blocks very close to a busy road and to elevated concentrations of traffic- generated air pollutants likely to exceed the annual mean Air Quality Objective concentration of 40 µg/m³ on the Portal Way façades up to and including the sixth floor.
If permission is granted, recommends that fully sealed façades are provided for both buildings facing Portal Way. Trickle vents on this façade should be avoided as these will reduce the benefit of air quality mitigation by allowing polluted air to infiltrate the building from the road. The fresh air intake for the mechanical ventilation system should be located at high level at the rear of each building.
Recommends a condition requiring the submission and implementation of a scheme for the provision of mechanical
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ventilation to rooms on the Portal Way façade of each building and an informative about the design of such a system.
(Officer comment: An appropriate condition and informative are recommended).
Transport Services No objection in principle. Trip generation is not expected to be an issue. Daily trip generation is forecast at 857 of which 74% would be on public transport and can be accommodated in respect of capacity. The development would generate a significant amount of pedestrian movements for which mitigation will be required (signage, crossings and footway improvements). Vehicle trip generation is not likely to have an impact on the local road network.
The site is within a CPZ and occupants of the building should be prohibited from acquiring parking permits as the additional demand for on-street parking would exacerbate on-street parking stress.
The provision of 3 disabled car parking bays is not acceptable. There should be a minimum of 5 bays to cater for the disabled needs of the site or a contribution of £5k to implement on-street disabled parking bays in the vicinity.
The provision of 130 cycles parking spaces would be better than the council’s UDP requirement and Transport for London’s workplace cycle parking guide of one cycle space for every two students, which equates to 92 spaces. It is recommended that a cycle club should be provided on site with a start-up pool of 10 bicycles for short-term loan.
Requests section 106 obligations as follows:
A £20,000 to contribution to provide speed reduction measures on Victoria Road and Wales Farm Road comprising warning signs, surfacing and carriageway markings. A £30,000 contribution towards improvements to public transport infrastructure involving improvements to bus stops and shelters including Countdown Two on bus stops on North Acton Road, Park Royal Road and Chase Road. The provision within the development of real time public transport information comprising two ‘Daisy’ messaging boards. A £50,000 contribution to provide pedestrian and cycle infrastructure improvements on Portal Way, Victoria Park Road and Wales Farm Road including footway widening, upgrades and signage. A payment of £5,000 to enable the provision of on-street disabled parking space in the vicinity of the site.
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A contribution of £50,000 to secure improvements to the A40 Green Corridor between Portal Way and Savoy Circus. The implementation of an approved Travel Plan. To monitor the approved Travel Plan annually for a period of 5 years following the occupation of the building. To submit an annual Monitoring Report to the council for written approval. Prior to the first annual submission, to make a £5,000 payment to the council to administer the monitoring reports. To establish and maintain on site a resident’s bicycle hire club with a pool of ten bicycles.
Also recommends conditions requiring the approval and implementation of:
A Construction Management Plan and a Service Management Plan with restrictions on the size of delivery vehicles & restrictions on the hours of delivery. No delivery vehicles in excess of 10 metres in length. Deliveries to be restricted to between 8 am to 6pm on any day. A safety audit of the proposed parking layout. Details of cycle parking for Block G and Block F setting out the types of cycle stands proposed, how the storage areas will be accessed, security arrangements and submission of details of the layout of cycle stands within Block G.
The applicant should enter into an agreement under section 278 of the Highways Act for all works affecting the public highway.
(Officer comments. Appropriate Heads of agreement and conditions are recommended.
PLANNING POLICIES
Ealing Unitary Development Plan 2004
Proposals Special Opportunity Area Map Development Site – Site boundary Victoria Road and Wales Park Road are designated a Main Distributor Road
Policy Summary
1.10 Legal Agreements and Partnerships 2.1 Environmental and Other Sustainability Impacts 2.2 Regeneration of Special Opportunity Sites 2.5 Water – Drainage, Flood Prevention and Environment 2.6 Air Pollution and Quality
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2.7 Contaminated Land 2.9 Energy 2.10 Waste Minimisation and Management 3.5 Land for Sports, Children’s Play and Informal Recreation 4.1 Design of Development 4.2 Mixed Use 4.3 Inclusive Design – Access for All 4.4 Community Safety 4.5 Landscaping Tree Protection and Planting 4.11 Noise and Vibration 4.12 Light Pollution 5.2 Affordable Housing 5.3 Lifetime Homes and Wheelchair Housing 5.5 Residential Design 5.7 Special Housing 6.1 Supply of Land and Property for Business Use 8.2 Major Developments and Community Facilities 9.1 Development, Access and Parking 9.5 Walking and Streetscape 9.6 Cycling 9.8 Low Car Housing and City Car Clubs 9.9 Highways and Traffic Management 10.1 Strategic Sites and Areas
Adopted Supplementary Planning Guidance Notes/Documents
SPG 4 Refuse and Recycling Facilities SPG 7 Accessible Ealing SPG 8 Safer Ealing SPG 9 Trees and Development Guidelines SPG 10 Noise and Vibration SPG 13 Garden Space SPG 14 Indoor Living Space SPG 16 SPG 20 Sustainable Transport: Transport Assessments SPG 21 Sustainable Transport: Green Travel Plans
SPD 1 Affordable Housing SPD9 Legal Agreements, Planning Obligations & Planning Gain
Southern Gateway Position Statement April 2008 North Acton Station Square Design Concept 2009 North Acton Public Realm Strategy 2010
The London Plan 2011
Policies:
Policy 1.1 Delivering the Strategic Vision and Objectives for London Policy 2.1 London in its Global, European and United Kingdom Context Policy 2.2 London and the Wider Metropolitan Area
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Policy 2.5 Sub regions Policy 2.6 Outer London: Vision and Strategy Policy 2.7 Outer London: Economy Policy 2.8 Outer London: Transport Policy 2.14 Areas for Regeneration Policy 2.17 Strategic Industrial Locations Policy 3.1 Ensuring Equal Life Chances for all Policy 3.2 Improving Health and Addressing Health Inequalities Policy 3.3 Increasing London’s supply of housing Policy 3.4 Optimising Housing Potential Policy 3.5 Quality and Design of Housing Developments Policy 3.7 Large Residential Developments Policy 3.8. Housing Choice Policy 3.9 Mixed and balanced communities Policy 3.10 Definition of affordable housing Policy 3.11 Affordable housing targets Policy 3.15 Coordination Development and Investment Policy 3.16 Protection and Enhancement of Social Infrastructure Policy 3.17 Health and Social Care Facilities Policy 3.18 Education Facilities Policy 5.1 Climate Change and Mitigation Policy 5.2 Minimising Carbon Dioxide Emissions Policy 5.3 Sustainable Design and Construction Policy 3.3 Decentralised Energy Networks Policy 5.6 Decentralised Energy in Development Proposals Policy 5.6 Renewable Energy Policy 5.9 Overheating and Cooling Policy 5.10 Urban Greening Policy 5.11 Green Roofs and Development Site Environs Policy 5.13 Sustainable Drainage Policy 5.14 Water Quality and Waste Water Infrastructure Policy 4.15 Water Use and Supplies Policy 5.21 Contaminated Land Policy 6.1 Integrating Transport and Development (Strategic Approach) Policy 6.3 Assessing Effects of Development on Transport Capacity Policy 6.7 Better Street and Surface Transport Policy 6.9 Cycling Policy 6.10 Walking Policy 6.11 Smoothing Traffic Flow and Tackling Congestion Policy 6.12 Road Network Capacity Policy 6.13 Parking Policy 7.1 Building London’s Neighbourhoods and Communities Policy 7.2 An Inclusive Environment Policy 7.3 Designing Out Crime Policy 7.4 Local Character Policy 7.5 Public Realm Policy 7.6 Architecture Policy 7.7 Tall and Large Scale Buildings Policy 7.14 Improving Air Quality Policy 7.18 Protecting Local Open Space and Addressing Deficiency Policy 7.19 Biodiversity and Access to Nature
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Policy 8.1 Implementation Policy 8.2 Planning Obligations Policy 8.3 Community Infrastructure Levy Annex 3 Strategic Industrial Locations
London Plan Supplementary Planning Guidance
The London Housing Strategy (February 2010) Sustainable Design and Construction (May 2004) Accessible London: Achieving an inclusive environment (April 2004)
Park Royal Opportunity Area Planning Framework (Adopted January 2011)
The Opportunity Area Planning Framework comprises a non-statutory planning document setting out a vision for Park Royal issued by the Mayor of London derived from and consistent with the London Plan. The thrust of the framework is that industrial and manufacturing sectors should continue to function and grow in Park Royal as an integral part of London’s economy. The Southern Gateway is identified as an area suitable for taller buildings.
National Planning Policies
Planning Policy Statement 1 – Delivering Sustainable Development Planning Policy Statement 3 – Housing Planning Policy Statement 4 – Planning for sustainable economic growth Planning Policy Statement 5 – Planning and the historic environment Planning Policy Guidance Note 13 – Transport Planning Policy Statement 22 – Renewable Energy Planning Policy Statement 23 – Planning and Pollution Control Planning Policy Guidance Note 24 - Planning and Noise
Other Guidance
Circular 11/95: Use of conditions in planning permission Circular 05/05: Planning Obligations Community Infrastructure Levy Regulations 2010
National Planning Policy Framework (NPPF) - July 2011
The new advice from the Minister for Decentralisation entitled Planning for Growth and the publication of Draft National Planning Policy Framework (NPPF) are considered to be material considerations to which the Planning Committee should afford appropriate weight when making its decision. As this document is at consultation stage and may be subject to change it is considered that little weight should be afforded at this stage.
MATERIAL PLANNING CONSIDERATIONS
This proposal has been assessed against the relevant policies of the development plan (The London Plan 2011 and the Ealing Unitary Development Plan 2004), supplementary planning guidance/documents and other material considerations. The key issues the Committee must consider are:
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The land use principle of the proposed development and the provision of student accommodation within a Special Opportunity Area Density and the amount of development Urban design Impact on the living conditions for nearby occupiers Living environment for prospective residents Air quality Access, transport, traffic and parking Refuse and recycling Landscaping and amenity space Sustainability and renewable energy Community infrastructure and planning obligations Human Rights Act
Land use and the principle of the development
London is an international centre for the creative industries and the knowledge economy. It is a world centre of academic excellence and providing research. It leads in providing skilled workers in a global economy. The city attracts students and scholars from all over the world.
In a national context, the Government’s 2003 White Paper, ‘The Future of Higher Education’ proposed to increase the number of students in higher education to 50% of 18-30 year olds by 2010 from the 2008 level of 43%.
In requiring local planning authorities to identify and plan for the accommodation requirements of its population, the Government’s Planning Policy Statement 3: ‘Housing’ acknowledges that students need to be considered in local housing needs assessments.
The submitted Student Accommodation Report, prepared by Knight Frank LLP, demonstrates:
Some 200,000 full time higher education students are unable to access purpose built accommodation in London; There is a under-supply of student accommodation in Acton and Ealing; There is a limited pipeline in the borough.
Currently some 82% of the full-time student population in London are unable to access purpose-built accommodation. In order to cement London's reputation as a centre for educational excellence, such accommodation is clearly required across the Capital. At present in this part of Ealing the only scheme that is under construction is the adjoining BBC Costume Store. Following the Committee’s decision in May 2011, planning permission has recently been granted for a student housing scheme at Nash House, Old Oak Lane for redevelopment by 323 student housing units.
The London Plan 2011
Paragraph 3.107 of The London Plan deals with Higher and further education and states:
“The Mayor will support and provide a forum for higher education institutions (HEIs) and further education establishments to work with boroughs and other stakeholders to plan future developments, including student accommodation (Policy 3.8) in locations with good public transport access…”
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Policy 3.8 deals with “Housing Choice” and policy 3.8 h specifically with student accommodation. It requires that planning decisions take account of housing requirements and ensure that:
“strategic and local requirements for student housing meeting a demonstrable need are addressed by working closely with stakeholders in higher and further education and without compromising capacity for conventional homes”.
The London Plan recognises that London universities make a significant contribution to its economy and labour market. Their attractiveness and potential growth should not be compromised by inadequate provision for new student accommodation (paragraph 3.52). There is a requirement for some 18,000 – 27,000 places over the next 10 years to 2021 and new provision is likely to lead to reduce pressure on other elements of housing stock in the private rented sector.
The Plan recognises that this demand should not compromise capacity to meet the need for conventional homes or undermine policy to secure mixed and balanced communities. Student accommodation should be secured by planning agreement or condition relating to the use of the land or its occupation by members of specified educational institutions. If the accommodation is not robustly secured for students, it will normally be subject to the requirements of affordable housing policy (para.3.53).
Therefore at the strategic level there is a well recognised need for the provision of student accommodation to ensure London universities remain attractive and grow and that by providing purpose built accommodation this can free up existing housing for traditional households.
The proposal to develop a mixed-use scheme on the application site would not compromise the provision of conventional homes. The council has a 5 year supply of land without the application site and the site, as demonstrated through the previous planning decisions outlined above, is not suitable for conventional housing.
Policy 2.13 of the London Plan deals with Opportunity Areas and Intensification Areas. Under section B of the policy, development proposals should seek to optimise non-residential output and densities and provide the necessary social and other infrastructure to sustain growth and a mix of uses. The application proposal achieves this with its mix of uses that includes community led infrastructure including community space and the potential provision of a doctor’s surgery.
The Ealing UDP 2004
The Proposals Map of the adopted UDP identifies the site as lying within a ‘Special Opportunity Area.’ UDP paragraph 10.1 refers to ‘Strategic Sites and Areas’ with the Southern Gateway /Western Avenue so identified. UDP paragraph 10.21 refers ‘Development Sites’ with Site 17 being the Southern Gateway where the preferred use is “Mixed.” The scheme accords with this allocation.
UDP Policy 2.2 deals with the regeneration of the Special Opportunity Sites Areas described as being large and prominent sites with development constraints but also key to achievement of borough wide regeneration objectives in which a "suitable range or mix of uses will be permitted where the proposal is consistent with sustainable development principles". The Plan is not prescriptive and does not specify what constitutes a particular range of uses. The proposal will contribute to the range of uses existing and proposed for the area.
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Policy 2.2 stipulates that schemes should deal fully with site and community infrastructure provision and any contaminated land issues. Development should be properly integrated with the adjoining development both functionally and visually. The proposal would be well integrated with the existing development on the gyratory island and maintains and provide for enhanced pedestrian linkages, it would facilitate community facilities and provide green spaces for use by all residents in the area.
Student accommodation is included within the definition of affordable housing in Chapter 5 of the UDP and the Written Statement states: "it would not be expected that higher education institutions should provide other forms of affordable housing when developing purpose built student accommodation".
Policy 5.7 of the UDP 2004 refers to ‘special housing,’ which includes student housing. The policy says that the council will support the development of special housing provided that:
(i) It satisfies a local need; (ii) It provides suitable living conditions for residents, including staff; (iii) It does not result in an over-concentration of such housing in a residential neighbourhood; (iv) It relates well to the local area in terms of its scale and character.
With regard to the tests set by policy 5.7, the application is not supported by a named occupier for the student residential accommodation and fails to meet the ‘local need’ test for special housing. The developer has however offered to limit occupation to students attending a central London University, or from a list of other further educational establishments that has been approved by the council. This is considered satisfactory and under such circumstances, there is no requirement to provide affordable housing. Suitable living conditions for students would ensue (see below) and it is considered that the development would not result in an over-concentration of student housing in this mixed-use neighbourhood on a site held unsuitable for conventional housing. Design implications are outlined below. It is concluded that the development would be acceptable in the local area in terms of its proposed scale and character.
It is therefore considered that the proposed mix use of the site, predominantly for student housing, accords in principle with London Plan strategic policies and the Council’s UDP.
Density and the amount of development
The Government’s Planning Policy Statement 1 – Planning for sustainable development promotes the efficient use of land through high-density, mixed-use development on previously developed land as proposed.
In line with London Plan policy, development in Opportunity Areas should seek to maximise residential and non-residential densities in line with transport capacity. This site has a public transport accessibility level PTAL 4 ‘Good’ and will increase to PTAL 6 ‘Excellent’ once Crossrail is operational.
London Plan policy 3.4 refers to ‘Optimising Housing Potential.’ Taking account of local context and character, the Plan’s design principles and public transport capacity, development should optimise housing output for different types of location within the relevant density range provided by Table 3.2 of the Plan.
The proposed residential density so far as it applies to the student housing would be 783 habitable rooms per hectare (hr/ha). Table 3.2 of the London Plan sets a strategic framework for appropriate densities at different locations and aims to reflect and enhance existing local character by relating the accessibility of an area to appropriate development. Based on this table, an appropriate density for this
35 Planning Committee 09/11/2011 Schedule Item 04 site, in an urban area with PTAL of 4, would fall between 650 and 1100 hr/ha. The proposed density accords with the London Plan density matrix.
Urban Design
At paragraph 43 of PPS1 the Government advises:
“Good design should contribute positively to making places better for people. Design which is inappropriate in its context, or which fails to take the opportunities available for improving the character and quality of an area and the way it functions, should not be accepted.”
Good design is central to all objectives of the London Plan and is promoted by the policies within Chapter 7 ‘London’s Living Places and Spaces.’
London Plan policy 7.4 ‘Local Character’ requires development to have regard to the form, function and structure of an area, place or street, and the scale mass and orientation of surrounding buildings. Policy 7.7 ‘Location and Design of Tall and Large Buildings’ sets out a suite of location and design criteria for such buildings which the Plan says should not have an unacceptable harmful impact on their surroundings.
The council’s adopted UDP policies 4.1 and 5.5 require new buildings to reflect the character and style of the area reflecting any predominant or special features such a fenestration, entrances, roof lines, materials and finishes. Table 4A of the UDP provides a suite of urban design criteria and Table 4B provides assessment criteria for high buildings exceeding 20 m in height.
The Park Royal OAPF identifies the Southern Gateway as an area suitable for taller buildings.
Assessment
The residential blocks to the north of the application site have been developed at between 10-15 storeys. The council has permitted the development of the former BBC Costume Store at up to 18 storeys. The previous Fairview Homes scheme for the application site proposed development of up to 12 storeys.
The site is located within an area where the context is of tall buildings on this 'island' site. The proposal, whilst having regard for these buildings proposes buildings that are lower in height, narrower and consequentially smaller in scale than those previously proposed and to which no objection was raised either by the council or on appeal by the Planning Inspectorate
It is considered the strategic design policies of Chapter 7 of the London Plan would be met including the criteria for tall and large scale buildings.
In terms of UDP policy 4.1 ‘Design for Development’ (including Table 4B which refers to tall buildings), the submitted drawings show that the development provides for a gradation in scale from the south, across the wider island site towards the North Acton underground station. In doing this it also takes into account the need to protect the living conditions of existing local residents to the north of the application site. It is considered that a good layout would ensue with a development of appropriate height and scale.
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Impact of proposal on the amenities of existing/neighbouring developments
Ealing UDP policy 4.1 states that the council will only approve development that respects current standards of safety, natural light, health, privacy and freedom from traffic nuisance, disturbance or visual intrusion in relation to neighbouring land uses.
The submitted drawings indicate a 7 storey building located at the eastern end of the site with an 8 storey building to the west site both running parallel to Portal Way. The eastern building would be located adjacent to the BBC Costume Store site that rises to 18 storeys. The western building would be located south of Ebbert Court, Trentham Court and Poulson Court which are between 10 to 14 storeys high.
The assessment of the impact of the proposed development on the amenities of surrounding occupiers and land uses is considered below in terms of daylight/sunlight, privacy and outlook and views (visual amenity).
Sunlight/Daylight
The Written Statement supporting UDP policy 4.1 Design of Development says the council expects all proposals to allow sufficient daylight and sunlight into buildings. It adds that the council will apply the standards recommended in the Building Research Establishment (BRE) Report: ‘Site layout planning for daylight and sunlight – A guide to good practice.’
The BRE guidelines contain tests for daylight, sunlight and overshadowing, starting with trigonometric tests followed by tests which measure the actual amount of daylight striking the face of a window (Vertical Sky Component) and internal Daylight Distribution by plotting the position of a “no sky line” contour within the room being tested.
The Vertical Sky Component (VSC) is a “spot” measurement of direct daylight availability from an unobstructed sky. The target design standard for low density suburban housing is 27% VSC. It is recognised that in a dense urban environment such Gypsy Corner / Portal Way, existing VSC values may be below 27%. In such circumstances, it is permissible to reduce the existing value of daylight (or sunlight) by a factor of 0.2 (20%) and still satisfy the Guidelines. Reductions beyond that level are deemed to be noticeable. The VSC tests should be followed by the calculation of internal Daylight Distribution within each of the rooms by plotting the “no sky line” contour. As a check measurement, Average Daylight Factor (ADF) can also be used.
Conditions at the application site are unusual as both parts are cleared sites with no buildings at all on them. The neighbouring buildings therefore have a totally unobstructed outlook over both parts of the site.
On 23 July 2008, when the Committee considered application P/2007/5195 for the redevelopment of the current application site by 11 and 12 storey buildings, although permission was refused, no objection was raised due to impact on the sunlight / daylight conditions of surrounding buildings. On 13 August 2008, when considering the parallel application P/2006/4583, the height, scale and massing of the development was considered unacceptable by the Planning Committee the following reason:
The proposal would result in the overdevelopment of this site due to the height of the buildings proposed, their proximity to the existing blocks to the North, the resultant lack of privacy, poor outlook and implications for lighting for both the existing and prospective residents of these respective buildings “
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An appeal against the non-determination of application P/2007/5195 was allowed by the Planning Inspectorate on 7 October 2008 with planning permission granted.
The previous scheme therefore proposed, as a second phase of the residential-led neighbouring development of Trentham Court, Ebbett Court and Poulton Court, buildings of a height and massing in excess of the current proposals. The daylight and sunlight analysis submitted with the current application demonstrates that the development would result in a material improvement in respect of impact on neighbouring amenity in comparison to the earlier proposals with on average a 24.5% improvement in lighting levels and a material improvement at all levels.
The neighbouring residential buildings that could be affected are: Trentham Court. Ebbett Court. Poulton Court. The Costume Store (under construction).
The results of the Vertical Sky Component analysis with the cleared site as the baseline condition show that 64 out of the 246 windows with a direct outlook onto the site will experience a loss in VSC which will be noticeable, i.e. 26%. That is out of the total of 246 windows, 182 (74%) will not experience a noticeable loss.
Of the 64 windows which will notice the loss of light, 42 are within a range of loss between 20% and 30% where the loss will be relatively minor with the remaining 22 (8.9%) experiencing a moderately noticeable loss. More importantly, none of the windows will experience a significant adverse loss.
The results of the Average Daylight Factor Analysis show that 8 out of the 233, i.e. 3.4% of the rooms will experience a loss of more than 20% and not meet the absolute British Standard. By comparison, the number of transgressions with the appeal scheme was 39 rooms, i.e. 16.7%, nearly five times more.
The BRE sunlight criteria applies to windows that face within 90 degrees of due south. These guidelines need to be applied sensibly by taking account of the actual orientation and setting of the windows being tested. For example, a window facing due south has the maximum availability of sunlight throughout the day whereas a window that faces due east or due west, or windows within a courtyard setting as in the present circumstances will have a significantly reduced exposure to, and expectation of sunlight availability even if otherwise unobstructed. From the results of the Annual Probable Sunlight Hours (APSH) tests, the remaining availability of sunlight, even taking a cleared site as the baseline, will remain very good with the vast majority of the windows comfortably satisfying the BRE recommendations both in terms of annual and winter sunlight.
Privacy
UDP ‘Residential Design’ policy 5.5 (i) seeks to ensure that proposals "Provide an attractive outlook and a sense of privacy for new residents and their neighbours." It is general practice to maintain 21 m separation between windows of habitable rooms which directly face those of another habitable room to avoid overlooking (Table 5c, UDP policy 5.5 – Residential Design). This distance would be significantly exceeded with a distance of 31.5 m being provided between the facing habitable room windows on Block F and the nearest habitable rooms windows at Trentham Court.
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At their closest, the roof terraces would be 9 m and 11 m distant from Trentham Court and Poulton Court respectively. To maintain privacy a recommended condition stipulates that the roof terraces shall be permanently fitted with 1.8 m high obscured glass balustrades.
Outlook and views
As the application site is cleared, any development of a reasonable scale on the land is bound to impact on views from adjoining premises particularly in Trentham and Poulton Court. . Impact on views is only a material consideration when the public interest is affected which is not the case here. The proposed layout however would ensure that mostly only oblique views would be affected. The scheme is considerably lower than the proposals considered by the Committee and the Planning Inspectorate in 2008 and would therefore have significantly less impact. It is considered that satisfactory condition would ensue.
The living standards for prospective residents
Ealing UDP policy 5.5 ‘Residential Design’ seeks to ensure that developments provide good living conditions for residents; and is also relevant to student housing.
Indoor living space and layout
There are no policy standards for the size of student accommodation. UDP policy 5.5 ‘Residential Design’ refers to the council’s planning guidance relating to ‘Indoor Living Space’ contained within SPG14 which identifies a minimum unit size based on the number of occupants but does not deal with student accommodation. SPG 16 on Hostels suggests that the sleeping space standards for one- person occupation in hostels are at least 6.5 m². The minimum size of studio proposed is 17.1m². Each unit would be self-contained with its own facilities.
Daylight Adequacy of the Proposed Student Study Bedrooms
Internal ADF analysis confirms that all of the proposed new student study bedrooms will achieve the target design standard provided by the British Standard Code of Practice BS8206 Part 2, and Appendix C of the BRE Guidelines albeit these apply to domestic dwellings not accommodation for student study bedrooms.
It is considered that the development would provide a good standard of accommodation for student users with each unit providing adequate space and amenities, both in the common and private areas, to live and study. A student lounge would be provided within the ground floor of Block F.
Disabled Access, Lifetime Homes and Wheelchair Units
UDP Policy 5.3 and SPG7 ‘Accessible Ealing’ require all new residential units to comply with Lifetime Homes Standards, with 10% of the units being accessible or easily adaptable to wheelchair standards.
Within the student residential accommodation, the submitted plans include 20 wheelchair accessible rooms, 11% of the accommodation. To ensure such provision, should planning permission be granted it is recommended that a condition is applied, in compliance with policy 3.8 of the replacement London Plan and policy 5.3 ‘Lifetime Homes and Wheelchair Housing’ of the Ealing UDP 2004, to require that at least 10% of the student accommodation units accessible or easily adaptable to wheelchair standards.
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Amenity space
There is no amenity space standard for student accommodation and the case has to be judged on its merits.
Policy 5.5 ‘Residential Design’ of the Ealing UDP and Supplementary Planning Guidance 13 ‘Garden Space’ requires residential developments to provide adequate garden space that is well related to the development. The standards suggest:
Total units 184.
5 units = 75 m2 of amenity space 179 Units x 15 m2 = 2,685 m2 of amenity space Total requirement = 2,531 m2
There would be an enclosed Sky Lounge on the roof of Block G and communal outdoor amenity spaces on the roof of both blocks comprising 229 sq m. In addition there would be a ‘community pock park’ and a ‘biodiversity park’ within the development amounting to 745 sq m. Although there is no specific standard for outdoor amenity space for students, the site lies within an identified area of open space deficiency and it is considered that there is a deficiency both within the development itself. In mitigation the developer has agreed open space contributions that would help fund improvements to the Park Royal Southern Gateway Public Realm, North Acton Cemetery and North Acton Playing Fields. An appropriate obligation(s) is recommended in the section 106 Heads.
Noise climate for prospective residents
The site lies within Noise Exposure Category D where PPG 24 recommends that conditions be imposed to ensure an adequate level of protection against noise. The application is supported by a noise assessment in accordance with Policy 2.6 of the Ealing UDP, that claims that the approach to this site through construction, fenestration and air handling will result in an appropriate environment for students.
It is recommended that any planning permission should be conditioned to require the submission, approval and implementation of mitigation works to protect sensitive rooms from external noise.
Air quality
London Plan policy 7.14 ‘Improving air quality’ requires the potential impact of a development on air quality to be considered. Ealing UDP policy 2.6- Air Pollution and Quality seeks to achieve statutory limits. Development likely to significantly increase air pollutants will be refused. Development will not be permitted in areas where air quality objectives are not currently being achieved.
The submitted Air Quality Assessment concludes that overall, there is no significant change in predicted NO2 and PM10 concentrations due to the operation of the development and the air quality impacts of the development are deemed ‘negligible’.
With regard to the suitability of the site for student accommodation, annual-mean concentrations of particulate matter at the proposed development are predicted to be below the relevant air quality objectives. However, predicted annual-mean concentrations of NO2 at the proposed development are expected to exceed the objective at the front of Blocks F and G facing Portal Way; the objective is predicted to be achieved at the rear of Blocks F and G. Mitigation measures to improve air quality at
40 Planning Committee 09/11/2011 Schedule Item 04 the façade of the development on Portal Way have been recommended within the report to help improve air quality for future residents. With the implementation of these mitigation measures, the proposed development site would be suitable for future residents in air quality terms. It is recommended that any planning permission be conditioned to require the approval and implementation of a scheme of mechanical ventilation to rooms on the Portal Way façade of each building.
Diffusion tubes for air quality monitoring would be incorporated within the scheme to assist with future air quality baseline monitoring for the borough. The developer has agreed the development a contribution to the council of £5,000 towards the borough's air quality monitoring programme; £2,500 to support the provision of two nitrogen dioxide diffusion tubes at the site and £2,500 towards the costs of background monitoring in Acton.
Access, transport, traffic and parking
The proposed arrangements involve servicing from an existing turning head on the north side of Portal Way that is within the applicant’s control. This will ensure that servicing both of the student accommodation and the commercial/community space can take place off the main highway. Car parking would be restricted to 4 parking bays, including 3 bays for use by disable people (1 with an electric charging point) located off the turning head. There would be 132 cycle parking spaces for use by students and visitors to the development including 2 disabled cycle user / tricycle parking spaces.
National planning policy in PPG13-Transport promotes the location of uses that have high demand for travel generation close to good transport links and major public transport interchanges.
Ealing UDP policy 9.1 ‘Development Access and Parking’ provides a suite of policies regarding access and parking and supports development that maximises travel on foot and by public transport. UDP policy 9.5 ‘Walking and Streetscape’ requires development proposals to include footpaths/pavements that are safe, attractive, well-lit, and comfortable for all users and to provide links to existing pedestrian routes. Policy 9.6 ‘Cycling’ requires development proposals to have regard to the safety and ease of movement of cyclists including the provision and upgrading of cycle routes and secure cycle parking facilities. Policy 9.8 ‘Low Car Housing and Car Clubs’ encourages low car housing schemes and the formation of car clubs.
Portal Way is a classified main distributor road with a cycle lanes and signalised pedestrian crossings. The site is within a CPZ.
A Transport Assessment which reviews the existing transportation arrangements in the vicinity and appraises the impacts of the development on the surrounding travel networks, support the application. The Transport Assessment is also supported by an interim travel plan to encourage the use of sustainable modes of travel and ensure residents make the most of the local transport network.
Assessment
North Acton underground station on the Central line is 200-metres to the north, while Acton Mainline station is some 750 metres to the south along Horn Lane. Willesden Junction station is approximately 1.6 kilometres (16-20 mins walk or 5-6 mins cycle) north of the site along Old Oak Lane with services on the Bakerloo Line and London Overground. Five bus routes (Nos. 440, 266, 260, 487 & 95) pass within walking distance of the site, with the nearest bus stop being on Victoria Road, approximately 120 metres north-east of the site. The application site has a PTAL 4 with ‘Good’ accessibility to public transport. This will increase to PTAL6 ‘Excellent’ when the Crossrail service commences in 2018/19.
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Daily trip generation is forecast at 857 of which 74% would be on public transport and can be accommodated in respect of capacity. The development would generate a significant amount of pedestrian movements for which mitigation will be required (signage, crossings and footway improvements). Vehicle trip generation is not likely to have an impact on the local road network. The scheme complies with UDP policy 9.1, aiming to maximise public transport use by users of the development.
The site is within a CPZ. The scheme would be ‘low car’ within the meaning of UDP policy 9.8 and the developer has agreed that occupants of the building should be prohibited from acquiring parking permits to prevent additional on-street parking stress.
The provision of 3 disabled car parking bays is not acceptable. There should be a minimum of 5 bays to cater for the disabled needs of the site and in mitigation the developer has agreed a contribution of to implement on-street disabled parking bays in the vicinity.
The provision of 130 cycles parking spaces would be better than the council’s UPD requirement and Transport for London’s workplace cycle parking guide of one cycle space for every two students, which equates to 92 spaces. Arrangements are considered satisfactory. The developer has agreed to establish a cycle club on site with a start-up pool of 10 bicycles for short-term loan.
The applicant has agreed to submit, and implement a final Travel Plan, to monitor this annually for a period of 5 years following the occupation of the building and to submit an annual monitoring report to the borough council for written approval. A recommended condition requires the approval and implementation of a Construction Management Plan and a Service Management Plan
It is considered that in terms of access, transport, traffic and parking and parking arrangements the development would comply with National advice in PPG13 and Ealing UDP policies 9.1, 9.5, 9.6 and 9.8.
Refuse and recycling
Ealing UDP policy 2.10 ‘Waste Minimisation and Management’ states that the council will seek to secure the provision within the layout of new development, for sorting, recycling and processing of waste materials and facilities for the kerb-side collection of materials for reuse and recycling.
UDP policy 5.5 ‘Residential Design’ requires that waste management (including provision for the collection and storage of recyclable materials and refuse) must be properly catered for in all residential development.
SPG 4 provides guidance on suitable refuse and recycling design standards.
Refuse and recycling stores would be provided at ground floor level within each building. All servicing within the development would be undertaken off-street in the servicing area at the eastern end of the site and be managed by a building management company. The building management company will be responsible for ensuring that refuse associated with the student units is stored within the specified bin stores. Individual commercial occupiers would be responsible for transporting their recycling / waste to the appropriate bin stores. The bin store for Block G is located directly adjacent to the servicing area and as such provides a convenient collection point. The building management company will ensure that refuse bins are transported from the bin store within Block F to a suitable location adjacent to the servicing area on the day of refuse collection.
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Environmental Services (Refuse) advise that the proposed arrangements are satisfactory.
Landscaping and amenity space
Policy 4.5 – ‘Landscaping, Tree Protection and Planting’ of the Ealing UDP requires that a well designed and integrated landscaping scheme, with appropriate longer term maintenance and management should accompany any application. The application is accompanied by a detailed landscaping scheme for the site that includes an “Aftercare Period” maintenance regime.
The application site is located within an area of Open Space deficiency and the council intends to improve provision within the Southern Gateway.
There are no existing trees on the site that merit retention. At ground level the western end of the application site would be laid out as a Biodiversity Park with native planting and mature trees to reflect the nature of this busy road junction. Adjoining Block G a Community Pocket Park would be created which would provide green space in the heart of the site, providing for outdoor space for use by all members of the community. This would be mounded to provide areas to sit that will to a degree be sheltered from the bustle of Portal Way. It would be located adjoining the current walkways from the north and east used by residents and employees accessing the underground station and local supermarket.
These green spaces would provide valuable contributions to the area and the wider objective of greening the Southern Gateway. In addition, the developer has agreed financial contributions towards the creation of the Southern Gateway at North Acton Station and for improvements to public open space in the area.
Provision is made for the student accommodation with roof level amenity space on each block comprising 229 sq m. The roofs of both building would be greened but the scheme comprised mostly sedum with trees in planters. It is considered that these arrangements could be improved and a condition is recommended to secure the submission and implementation of revised details of green / brown roofs as opposed to sedum.
Overall, it is considered that the landscaping proposals, with revisions to the scheme for the roofs, would comply with Policy 4.5 of the Ealing UDP.
Sustainability and renewable energy
London Plan climate change policies 5.1 ‘Climate Change Mitigation,’ 5.2 ‘Minimising Carbon Dioxide Emissions,’ 5.3 ‘Sustainable Design and Construction,’ 5.5 ‘Decentralised Energy Networks’ 5.6 ‘Decentralised Energy in Development Proposals,’ 5.7 ‘Renewable Energy’ and 5.9 ‘Overheating and Cooling’ collectively require developments to make the fullest contribution to tackling climate change by minimising carbon emissions, adopting sustainable design and construction measures, prioritising de- centralised energy supply, and incorporating renewable energy technologies with a target of 25% carbon reductions in residential buildings between 2010 –2013 leading to zero carbon residential buildings from 2016.
Ealing UDP policy 2.1 provides policies on Environmental and Other Sustainability Impacts and policy 4.1 – Design of Development expects development to adhere to principles relating to sustainability.
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The Council’s Sustainability & Energy Officer advises that the applicant has submitted an Energy Statement, Ealing’s Sustainability Checklist and BREEAM Pre-Assessment for Multi-Residential and Commercial to demonstrate compliance with the Ealing UDP and London Plan policies and Building Regulations Part L 2010. Whilst no objection is raised in principle, it is not considered that the submitted material adequately demonstrates that the energy strategy would comply with the development plan. It is recommended that any planning permission be conditioned to require the submission, approval and implementation of a revised energy strategy to include additional information regarding the proposed combined heat and power unit for the student accommodation, the solar PV panels and air sourced heat pumps. Also recommends a condition to ensure a BREEAM ‘Excellent’ rating.
Community infrastructure and planning obligations
The assessment of planning applications needs to consider the impact on the local and wider context of the site in respect of socio-economic considerations and infrastructure, including transport implications. It is considered that in the case of Portal Way the proposed development is broadly acceptable in planning terms, but that there are impacts that require mitigation. These relate to healthcare, transport and highways and the provision of open space,
Planning obligations should only be sought where they meet the 5 key tests outlined by the Secretary of State in Circular 05/2005. Obligations must be:
(i) relevant to planning; (ii) necessary to make the proposed development acceptable in planning terms; (iii) directly related to the proposed development; (iv) fairly and reasonably related in scale and kind to the proposed development; and (v) reasonable in all other respects.
Regulation 122 of the Community Infrastructure Levy Regulations 2010 brought into law policy tests for planning obligations which can only constitute a reason for granting planning permission where they meet the following tests:
(a) The obligation is necessary to make the development acceptable in planning terms; (b) The obligation is directly related to the development; and (c) The obligation is fairly and reasonably related in scale and kind to the development.
Policy 8.2 ‘Planning obligations’ of the London Plan 2011 advises:
It will be a material consideration whether a development makes adequate provision for, or contribution towards requirements that are made necessary by, and related to, the proposed development. Negotiations should seek a contribution towards the full cost of such provision that is fairly and reasonably related to the proposed development and its impact on the wider area.
Policy 1.10 ‘Legal Agreements and Partnerships’ of the Ealing Unitary Development Plan 2004 says the council will:
use legal agreements with developers to assist the best use of land and a properly planned environment; as a means of ensuring that the wider planning implications of development
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schemes are taken into account, and where necessary to enter into partnerships with other agencies to promote appropriate development.
The applicant has offered to include the following obligations in a section 106 agreement with the council.
1. The student residential accommodation shall only be occupied by students attending a central London University, or from a list of other further educational establishments that has been approved by the local planning authority.
2. In perpetuity, no part of the student residential accommodation shall be used as a Use Class C3 dwellinghouse.
3. Leases granted to students to contain a clause prohibiting on-street car parking.
4. Confirmation that the development is a Low Car Housing scheme within the meaning of adopted Ealing Unitary Development Plan policy 9.8, that the occupiers of the development, other than disabled people, will not be entitled to purchase parking permits from the borough council and that the developer will take steps to ensure that this is brought to the attention of future occupiers of the development.
5. To provide and maintain the ‘Community Pocket Park’ and ‘Biodiversity Park’ for the life of the development for unrestricted public access at agreed hours.
6. On commencement of development, to make an Open space contribution to the council to provide, maintain and improve public open space in the area.
7. On occupation of the development a contribution to the council of £5,000 towards the borough's air quality monitoring programme; £2,500 to support the provision of two nitrogen dioxide diffusion tubes at the site and £2,500 towards the costs of background monitoring in Acton.
8. On commencement of the development, a payment of £20,000 to the council to provide speed reduction measures on Victoria Road and Wales Farm Road comprising warning signs, surfacing and carriageway markings.
9. On commencement of development, a £30,000 payment to the council to contribute to improvements to public transport infrastructure involving improvements to bus stops and shelters including Countdown Two on bus stops on North Acton Road, Park Royal Road and Chase Road.
10. On occupation of the development, the provision within the development of real time public transport information comprising two ‘Daisy’ messaging boards.
11. On commencement of the development, a payment of £50,000 to the council to provide pedestrian and cycle infrastructure improvements on Portal Way, Victoria Park Road and Wales Farm Road including footway widening, upgrades and signage.
12. On commencement of development, a payment of £5,000 to the council to enable the provision of on-street disabled parking space in the vicinity of the site.
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13. On commencement of the development, a payment of £50,000 to the council to secure improvements to the A40 Green Corridor between Portal Way and Savoy Circus.
14. To implement an approved Travel Plan. To monitor the approved Travel Plan annually for a period of 5 years following the occupation of the building. To submit an annual Monitoring Report to the council for written approval. Prior to the first annual submission, to make a £5,000 payment to the council to administer the monitoring reports.
15. To establish and maintain on site a resident’s bicycle hire club with a pool of ten bicycles.
16. If, prior to the occupation of the building, no arrangements are concluded whereby a GP practice will occupy the ground floor commercial space within Block F, a contribution of £34,041 to the council to facilitate the capital cost of health provision.
17. On commencement of development, a contribution of £10,000 to the council towards local Employment and Training Initiatives and commitment to a Local Labour Scheme.
18. On occupation of the development, the commercial unit on the ground floor of Block G shall be fitted out to include services, wall and floor finishes and made available rent free for a period of 10 years and at 50% of market value for the following 10 years to the Acton Community Forum or an alternative community organization agreed with or nominated by the local planning authority.
19. To participate in the Considerate Contractor’s Scheme.
20. Provision for the reallocation of contributions within the overall amount agreed to allow flexibility with regard to final costs, to ensure that impacts of the development are properly met.
21. The payment of the council’s reasonable legal and other professional fees incurred in drawing up the legal agreement.
In accordance with policy 8.2 of the London Plan and Ealing UDP policy 1.10, it is considered that the inclusion of the above matters in a section 106 agreement, together with the recommended conditions, would mitigate the impact of the development and comply with national advice in Circular 05/2005 and the Community Infrastructure Levy Regulations 2010.
Contributions towards local education services and affordable housing would not be required in this case due to the specialist type of housing to be provided.
CONCLUSION
All relevant planning policies and material considerations have been taken into account. It is recommended that outline planning permission should be granted for the reasons set out in the EXECUTIVE SUMMARY. Details of the recommended decision are set out in the RECOMMENDATIONS at the beginning of this report.
HUMAN RIGHTS ACT
In making its decision, the Committee should be aware of, and take into account, any implications that may arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as
46 Planning Committee 09/11/2011 Schedule Item 04 the London Borough of Ealing to act in a manner, which is incompatible with the European Convention on Human Rights.
Members are referred specifically to Article 8 (right to respect for private and family life) and Article 1 of the First Protocol (protection of property). It is not considered that the recommendation to grant outline planning permission in this case interferes with local residents rights to respect for their private and family lives, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case the rights of the applicant). The Council is also permitted to control the use of property in accordance with the general interest and the recommendation to grant planning permission is considered to be a proportionate response to the submitted application based on the considerations set out in this report.
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