Planning Committee 24/06/2015 Schedule Item: 05

Ref : PP/2015/1393

Address: John Lewis Distribution Centre, 41- 44 Kendal Avenue, Acton W3 0RP

Proposal: Change of Use from Storage and Distribution (B8 Use Class) to General Industrial (B2 Use Class)

Drawing numbers: Dalton Warner Davis Covering Letter dated 13th March 2015, Location Plan, 28140-AG Issue A, 28140-A1ML, 28140-A1 Issue A, 28140- A1MU Issue A, 28140-A2 Issue A, 28140-A2M Issue A, 28140-A3 Issue A.

Type of Application: Full Application

Application Received: 24/03/2015 Revised: N/A

Report by: Emma Lewis

Recommendation: Grant subject to conditions

Executive Summary:

Planning permission is sought for the change of Use from Storage and Distribution (B8 Use Class) to General Industrial (B2 Use Class). The existing 26,527sqm property is currently used as a distribution centre for John Lewis. The proposed change of use is to allow for the use of the site by Car Giant as a processing and preparation centre for used cars.

The application site is located within the Old Oak and Park Royal Mayoral Development Area. The determination of this application has been delegated to Ealing Council under a scheme of delegation agreed between Ealing Council and The Old Oak and Park Royal Development Corporation (OPDC).

Five (5) objections including one from the Hanger Hill Garden Estate Residents Association have been received in relation to the development. The objections raise concerns that principally relate to amenity impacts on nearby residential development.

The site is located within a Strategic Industrial Location where industry is the preferred land use. Following an assessment of the proposal, it is considered that the principle of the proposed general industrial use of the site would be acceptable and any impact on the amenity of neighbouring occupiers could be mitigated through the use of appropriate conditions. A condition is recommended requiring the submission of a travel plan to limit the impact of the proposal and promote alternative modes of transport.

It is considered that the proposal, on balance, would accord with the aims of the relevant policies of the Ealing Development Management Development Plan 2013, Ealing Core Strategy (2012), The London Plan (2015), relevant Supplementary Planning Guidance and the National Planning Policy Framework

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(2012). It is therefore recommended that planning permission should be approved subject to appropriate conditions. Recommendation: That the committee GRANT planning permission subject to the following conditions:

Conditions/Reasons:

Time Limit 3 years - Full Permission

1.The development permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 (as amended).

Approved Drawings 2. The development hereby approved shall be carried out in accordance with drawing title number(s) 28140-AG Issue A, 28140-A1ML, 28140-A1 Issue A, 28140-A1MU Issue A, 28140-A2 Issue A, 28140 A2M Issue A, 28140-A3 Issue A.

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

Refuse Storage

3. Refuse storage shall be provided on site in accordance with the standards adopted by the Local Planning Authority. Such provision shall be brought into use prior to the commencement of the development and retained permanently.

Reason: To protect amenity of the area and in the interests of the future occupants of the development in accordance with policies with policies 7A and 7B of the Ealing Development Management Plan 2013, policy 1.1(e) of the Adopted Ealing Development (Core) Strategy and The London Plan (July 2015) policy 5.16.

Noise Mitigation

4. Prior to the commencement of the development, details shall be submitted for approval by the Local Planning Authority to demonstrate that the rating level emitted from the vehicles manoeuvring and loading/unloading on site, the operation of externally sited plant and machinery, and the operation of any noisy equipment within the buildings as assessed under BS4142:2014, shall not exceed the background noise level, as measured 3.5m from the nearest ground floor sensitive façade and 1m from the upper floor noise sensitive facades during the relevant periods of operation.

Reason: To protect amenity of the area in accordance with policies with policy 7A of the Ealing Development Management Plan 2013, policy 1.1(e) of the Adopted Ealing Development (Core) Strategy and The London Plan (July 2015) policy 7.15.

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Travel Plan

5. Within 3 months of occupation of the development, a travel plan designed to manage the transport needs of staff and visitors, to minimise car usage and promote alternative modes of transport, shall be submitted to and approved by the Local Planning Authority. The approved Travel Plan shall be implemented once approved and shall be permanently retained in operation for the life of the development.

Reason: To limit the impact of the proposal on the highway network in accordance with policies, 6.3 6.11 and 6.12 the London Plan 2015.

Informatives

1. The decision to grant planning permission has been taken having regard to the policies and proposals in the Ealing Development Management Development Plan, the Adopted Development (Core) Strategy, the London Plan and to all relevant material considerations including Supplementary Planning Guidance:

National Planning Policy Framework (NPPF) March 2012

1 Building a strong, competitive economy 4 Promoting sustainable transport 8 Promoting healthy communities

London Plan - Consolidated (2015)

2.6 Outer London: Vision and Strategy 2.7 Outer London: Economy 2.8 Outer London: Tranpsort 2.13 Opportunity Areas and Intensification areas 2.17 Strategic Industiral Locations 4.1 Developing Londons Economy 4.3 Mixed Use Development and Offices 4.4 Managing Industrial Land and Premises 4.5 London's Visitor Infrastructure 4.12 Improving Oppertunites for all 5.12 Flood risk Management 5.14 Water Quality and Wastewater Infrastructure 6.1 Stategic Approach 6.3 Assessing effects of development on transport capacity 6.9 Cycling 6.10 Walking 6.11 Smoothing traffic flow and easing congestion 6.12 Road network capacity 6.13 Parking 6.14 Freight 7.1 Building London's neighbourhoods and communities 7.2 An inclusive environment 7.3 Designing out crime 7.4 Local character 7.5 Public Realm

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7.6 Architecture 7.13 Safety, security abd resilience to emergency 7.14 Improving air quality 7.15 Reducing and Managing Noise, Improving and Enhancing the Acoustic Environment and Promoting Appropriate Soundscapes 8.2 Planning Obligations 8.3 Community Infrastructure Levy

Local Development Framework (Core Strategy 2012)

1.1 Spatial Vision for Ealing 2026 (b) (c) (e) (f) (g) (j) 1.2 Delivery of the Vision for Ealing (d) 3.1 Realising the Potential of the A40 Corridor & Park Royal (b) (e) 3.3 Promote Business and Industry in Park Royal (a)

Ealing Development Management Development Plan Document (2013)

4A Ealing Local Policy - Emplyoment Uses 6.13 Ealing Local Variation - Parking 7A Ealing Local Policy - Amenity 7.3 Ealing Local Variation - Designing Out Crime 7.4 Ealing Local Variation - Local Character 7B Ealing Local Policy - Design Amenity EA Presumption in Favour of Sustainable Development

Other Material Documentation – Interim Planning Policy Guidance / Documents

Interim SPG 3: Air Quality Interim SPG 4: Refuse and Recycling Interim SPG 10: Noise and Vibration

Sustainable Transport for New Development SPD December 2013

In reaching the decision to grant permission, specific consideration was given to the impact of the proposed development on the amenities of neighbouring properties and on the character of the surrounding area as a whole. The proposal is considered acceptable on these grounds, and it is not considered that there are any other material considerations in this case that would warrant a refusal of the application.

2. To assist applicants in a positive manner, the Local Planning Authority has produced policies and written guidance, and offers and encourages a comprehensive pre-application advice service, all of which is available on the Council’s website and outlined in a 24 hours automated telephone system. The scheme complied with policy and guidance. The Local Planning Authority delivered the decision proactively in accordance with requirements of the National Planning Policy Framework.

3. Any construction and demolition works, audible beyond the boundary of the site shall only be carried on between the hours of 0800 - 1800hrs Mondays to Fridays and 0800 - 1300hrs on Saturdays and at no other times, including Sundays and Bank Holidays.

4. Any construction work associated with the proposed development must not interfere with the London Underground Asset (namely the Central Line adjacent to the site.

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5. The Old Oak and Park Royal Development Corporation (OPDC) became the local planning authority for the Old Oak and Park Royal Mayoral Development Area (within which the application site is located) on 1 April 2015. The application has been determined by Ealing Council under a scheme of delegation agreed between the two authorities.

Site Description:

The site is located at the southern edge of the Park Royal industrial estate adjacent to Princes Gardens. The surrounding area is entirely industrial with the exception of the Princes Gardens Estate to the west of the application site that forms part of the separate Hanger Hill Garden Estate Conservation Area.

The site has been in use by John Lewis as a distribution depot since 1986. Along the perimeter of the western boundary is a concrete wall 5-6m in height, beyond this is a landscaped buffer area of 2.5m in width, a rear access road and rear gardens of properties within Princes Gardens.

Industrial/commercial/leisure buildings are located to the north, east and south of the site. Adjacent uses in these areas include a Parcel Force depot, the Royale Leisure Park and BBC Centre.

The site has an area of approximately 4.9 hectares and comprises a large distribution centre with an area of 26,527sqm. Vehicular access to the site is from Kendal Avenue to the southern side of Western Avenue. The existing use operates on a 24 hour basis.

The site is located within the Old Oak Common and Park Royal Development Corporation area and is designated as a Strategic Industrial Location within the Ealing Development Management Development Plan proposals map.

The property has a PTAL rating of 2 and is located within 850m of Park Royal Tube Station.

The Proposal:

Permission is sought for the change of use of the of the existing 26,527sqm building from storage and distribution (B8 Use Class) to General Industrial (B2 Use Class). The property is currently used as a distribution centre for John Lewis. The proposed change of use is to allow for the use of the site by Car Giant as a processing and preparation centre for used cars. Approximately 400 staff would be employed on site. The proposal would be open 24 hours. No external alterations are proposed. Access arrangements and car parking arrangements would remain unchanged.

Cars would be received on site and assessed for the necessary works needed prior to re-sale. This would involve works such as tyre repairs and re-painting within workshop areas. Customers would also be able to inspect and purchase cars on site but this element is proposed to be ancillary to the main B2 use.

Relevant Planning History:

Application Development Description Decision Decision Date Number 07906/19 Layout of access road and erection of GRANTED 12-08-1981 office, warehouse, industrial and CONDITIONALLY

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residential buildings. (Outline) 07906/19/DDR LAYOUT OF ACCESS ROADS AND GRANTED 08-10-1984 ERECTION OF OFFICE, WAREHOUSE, UNCONDITIONALLY INDUSTRIAL AND RESIDENTIAL BUILDINGS. (07901/19 - DETAILED DRAWINGS OF VEHICULAR WASH AND PETROL PUMP STAND) 07906/19/DDR1 Detailed drawings layout of access roads GRANTED 26-10-1983 and erection of office. warehouse, UNCONDITIONALLY industrial and residential buildings. (07906/19) 07906/30 ERECTION OF WAREHOUSE WITH GRANTED 22-08-1985 ANCILLARY OFFICES TOGETHER CONDITIONALLY WITH LOADING, UNLOADING AND PARKING PROVISION. 07906/31 ERECTION OF TWO-STOREY GRANTED 22-08-1985 WAREHOUSE BUILDING WITH CONDITIONALLY ANCILLARY INDUSTRIAL AND OFFICE ACCOMMODATION TOGETHER WITH LOADING/UNLOADING AND PARKING FACILITIES. 07906/34 LAYOUT OF ACCESS ROAD AND GRANTED 18-12-1986 ERECTION OF DISTRIBUTION CONDITIONALLY CENTRE AND ANCILLARY BUILDINGS TOGETHER WITH PARKING, LOADING AND UNLOADING FACILITIES. 07906/34/D LAYOUT OF ACCESS ROAD AND GRANTED 24-01-1990 ERECTION OF DISTRIBUTION UNCONDITIONALLY CENTRE AND ANCILLARY BUILDINGS, TOGETHER WITH PARKING, LOADING AND UNLOADING FACILITIES (DETAILS OF VEHICLE WASHER). 27806/1 Erection of a storage building. GRANTED 13-06-1988 CONDITIONALLY 27806/4 Use of premises as workshops and GRANTED 22-09-1994 ancillary offices, extension to roof and CONDITIONALLY erection of two storey extension workshops and ancillary offices, extension to roof and erection of two storey extension and three single storey buildings to house pyrotechnics stores and factory and provision of servicing and car parking. 27806/5 Internal alterations to existing GRANTED 02-05-1995 building,erection of three single storey CONDITIONALLY buildings to house pyrotechnics stores and factory, two ancillary storage buildings and two covered storage areas.

P/2001/2040 Three storey extension to existing GRANTED 11-12-2001 warehouse building. CONDITIONALLY

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Consultation:

Public Consultation

100 consultation letters were issued to neighbouring properties on 02/04/2015. The proposal was advertised by way of a site notice and newspaper notice and the consultation period ended on 12/06/2015. Five objections received (including one from the Hanger Hill Garden Estate Residents Association). Issues raised are summarised in the table below:

Issue Officer Response Impact on residential The Council’s Regulatory Services (Pollution Technical) Department has properties on Princes been consulted on the scheme and has also visited the site and has Gardens in terms of advised that the site which sits approximately 9m below the neighbouring noise properties at Princes Gardens would benefit from a substantial barrier effect long its western boundary with Princes Gardens which would assist in mitigating any noise impacts. They have also recommended that a noise condition be attached to any grant of permission to ensure that there would be no adverse impacts on the nearby noise sensitive receivers in Princes Gardens to the west. This noise condition would require details to be submitted to the Council for approval prior to commencement to ensure that noise levels from vehicle movements, loading/unloading operations, operation of plant and machinery both within and outside the building comply with BS4142:2014. This condition would ensure that the background noise level at 3.5m from the nearest noise sensitive ground floor façade and 1m from the upper floor facades is not exceeded.

Proposal is to be open Requiring the noise levels from the development to comply with seven days a week BS4142:2014 would cover daytime, evening and night time periods and which is excessive would take account of the reduced background noise levels at night to ensure that the 24 hour operation would not have a detrimental impact during any of the periods mentioned above.

Princes Gardens The proposed development is not located within a conservation area and properties are within the given that the property is located within a designated industrial location Hanger Hill (Garden and currently comprises industrial activity, it is not considered that the Estate) Conservation proposal would have a detrimental impact on the conservation area. Area and the proposal would have a detrimental impact on the conservation area Natural barriers currently The existing natural barriers would not be removed as part of the proposal. separate the site from the Hanger Hill (Garden Estate) which should not be removed Proposal plans cannot The Council’s website was checked and all plans including the application be opened on the Ealing form are available to view. These plans were available on the website Council website throughout the consultation period.

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Council only notified Neighbour consultation has been carried out on the scheme in accordance Princes Gardens with the Council’s statutory obligations and Council protocol.100 properties that back onto consultation letters were issued to neighbouring properties on 02/04/2015. the application site when The proposal was also advertised by way of a site notice and newspaper all residents of the notice. estate should have been informed of the proposal Many property owners The Council does not hold information on addresses of absentee property rent out these homes owners. Furthermore, there is no statutory obligation on the Council to and would not have undertake notification in this manner. Notices were issued directly to been given the neighbouring properties which is in accordance with the Council’s statutory opportunity to comment obligation and Council protocol.

Increased traffic as a A travel plan condition is recommended to limit the impact of the proposal result of the proposal and promote alternative modes of transport The applicant has advised that the access arrangements for the site would remain unchanged and the estimated volume of traffic resulting from the development would be reduced from its current usage from a distribution centre, totalling approximately 30 vehicle movements per day. Car Giant operates a staff car sharing scheme and promotes public transport and cycling. Customer cars would be relatively limited and would be approximately 50 vehicles per day staggered throughout the day and early evening. Therefore, it is not considered that there would be a detrimental impact.

Inappropriate use for this Given that the proposed development would comply with the policies of the area London Plan and the Ealing Development Management Plan outlined in this report and would fall within the desired land use class for Strategic Industrial Locations, the principle of the proposal would be acceptable to the Council.

Internal:

Consultee Comments Officer Response Transport Services No objection. Due to the scale and location A travel plan condition is of the proposal, a travel plan should be recommended to limit the impact submitted for approval. of the proposal and promote alternative modes of transport The applicant has advised that the access arrangements for the site would remain unchanged and the estimated volume of traffic resulting from the development would be reduced from its current usage from a distribution centre, totalling approximately 30 vehicle movements per day.

Regulatory No objection. The site sits approximately 9m Recommended that this be Services (Pollution below the neighbouring properties at conditioned within any grant of Technical) Princes Gardens benefist from a substantial permission.

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barrier effect long its western boundary with Princes Gardens which would assist in mitigating any noise impacts. Noise condition recommended to mitigate any noise impact on nearby noise sensitive receivers. Environmental No objection Noted Services (Refuse)

External:

Consultee Comments Officer Response Transport for The applicant shall submit a transport A travel plan condition is London statement/ assessment assessing whether recommended to limit the impact the proposed change of use would have an of the proposal and promote impact to highway and transport network in alternative modes of transport. the vicinity. Any construction work for the It should be noted that the proposal development must not interfere current use of the site is also with the any London Underground Asset, industrial, a storage and namely the Central Line adjacent to the site. distribution facility (B8 Use Class and a change of use from a B8 to general industrial (B2 Use Class) generally results in less vehicular movements.

Also the applicant has advised that the access arrangements for the site would remain unchanged, there would not be any operational development involved and the estimated volume of traffic resulting from the development would be reduced from its current usage from a distribution centre, totalling approximately 30 vehicle movements per day.

Car Giant operates a staff car sharing scheme and promotes public transport and cycling. Customer cars would be relatively limited and would be approximately 50 vehicles per day staggered throughout the day and early evening. Therefore, a transport assessment is not warranted in this instance.

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Planning Policies:

Please see informative section above for a full policy list.

Reasoned Justification:

This proposal has been assessed against the relevant policies of the Ealing Development Management Development Plan, the Adopted Development (Core) Strategy, the London Plan (2015) and Supplementary Planning Guidance/Documents. The key issues in the assessment of this planning application are:

 The principle of the proposal;  Amenity;  Design and Appearance;  Traffic, parking and servicing;  Refuse / Recycling;  Mayor’s Community Infrastructure Levy.

A detailed assessment of the proposal is set out as follows:

The Principle of the Proposal

The site is located within a Strategic Industrial Location with preferred use categories being B2 and B8 uses. The existing building is currently in use as a distribution centre in B8 use class which is operated by John Lewis. Permission is sought to change the use of this existing facility to General Industrial (B2 use class) for Car Giant. The facility would be used as a processing and preparation centre for used cars. Cars would be received on site and assessed for the necessary works needed prior to re-sale. This would involve works such as tyre repairs and re-painting within workshop areas. Customers would also be able to inspect and purchase cars on site but this element is proposed to be ancillary to the main B2 use.

London Plan policies 2.7, 2.13, 2.17, 4.1 and 4.4, Development Strategy policies 1.1(c) and 3.3(a) are relevant with regards to business and industry uses, especially in Strategic Industrial Locations, Preferred Industrial Locations, Industrial Business Parks and in Park Royal.

These policies support the retention of general industrial, storage and distribution, waste management, recycling, some transport related functions, utilities, wholesale markets and other industrial related activities. They also seek to provide suitable workspace to address future needs of different types of employment use.

The site is located within the Park Royal Opportunity Area as identified on map 2.4 of the London Plan. Policy 2.13 of the London Plan seeks to ensure that strategic policy objectives for these areas are protected.

Policy 2.17 of the London Plan states that strategic industrial locations are London’s main reservoirs of industrial activity including general and light industrial uses, logistics, waste management and environmental industries, utilities, wholesale markets and some transport functions. The policy states that applications should be refused unless they fall within these land use categories.

Given that the proposed development would comply with the policies outlined above and would fall within the desired land use class for Strategic Industrial Locations, the principle of the proposal would Page 10 of 14

Planning Committee 24/06/2015 Schedule Item: 05 be acceptable to the Council. The principle of the change of use is, therefore, considered to be appropriate in this instance.

Amenity

London Plan policies 7.6 and 7.15, Development Strategy policies 1.1(g) and (j) and Ealing Development Management Development Plan Document policies 7A and 7B are relevant with regards to the impact on the amenities of neighbouring residential properties.

London Plan Policy 7.15 ‘Reducing and Managing Noise, Improving and Enhancing the Acoustic Environment and Promoting Appropriate Soundscapes’ states developments should seek to reduce noise minimising the existing and potential adverse impacts of noise on, from within, or in the vicinity of development proposals. This is reinforced by policy 7A of the Ealing Development Management Development Plan.

Ealing’s DM DPD Policy 7B provides the Council’s policy on Design Amenity. It states “new development must achieve a high standard of amenity for users and for adjacent users by ensuring; a) High quality architecture, b) good levels of daylight and sunlight, c) good levels of privacy, d) coherent development of the site, e) appropriate levels of development on the site, f) positive visual impact and g) legibility and accessibility”. This policy is reinforced by policy 7.6 of the London Plan 2015 which states that proposals should not cause unacceptable harm to the amenity of surrounding land and buildings.

The site is located within a Strategic Industrial Location adjoins residential development to the west at Princes Gardens.

The existing building is currently used as a 24 hour distribution centre operated by John Lewis and, therefore, industrial type activity is already in operation on the site. No extensions or external alterations are proposed that would impact on the amenity of neighbouring properties.

The proposal is not likely to result in any unacceptable noise and disturbance to adjoining occupiers that would not reasonably be generated by an industrial use and noise levels could be dealt with under reasonable regulatory conditions.

The Council’s Regulatory Services (Pollution Technical) Department has been consulted on the scheme and has also visited the site and has advised that the site which sits approximately 9m below the neighbouring properties at Princes Gardens benefits from a substantial buffer along its western boundary with Princes Gardens which would assist in mitigating any noise impacts. They have also recommended that a noise condition be attached to any grant of permission to ensure that there would be no adverse impacts on the nearby noise sensitive receivers in Princes Gardens to the west. This noise condition would require details to be submitted to the Council for approval prior to commencement to ensure that noise levels from vehicle movements, loading/unloading operations, operation of plant and machinery both within and outside the building comply with BS4142:2014. This condition would ensure that the background noise level at 3.5m from the nearest noise sensitive ground floor façade and 1m from the upper floor facades is not exceeded. Requiring the noise levels from the development to comply with BS4142:2014 would cover daytime, evening and night time periods and would take account of the reduced background noise levels at night to ensure that the 24 hour operation would not have a detrimental impact during any of the periods mentioned above.

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It is therefore considered that the proposal would be satisfactory in this regard and would not produce a significant conflict with policies 7A and 7B of the Ealing Development Management Development Plan and policies 7.6 and 7.15 of the London Plan 2015.

Therefore, it is considered that the proposed development would be satisfactory with the implementation of the above measures.

Design and Appearance

Sections 6, 7, 8 and 12 of the NPPF, London Plan policies 3.5, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6 and 7.7, policies 1.1(g), 1.1(h), 1.1(k) and 1.2(g) in the Development Strategy and Ealing Local Variation to London Plan policies 3.5, 7.3 and 7.4 and policy 7B of the Development Management DPD are relevant with regards to the design of new development.

The external appearance and design of the building would remain unchanged and no external alterations are proposed.

Traffic, Parking and Servicing

London Plan policies 6.1, 6.3, 6.9, 6.10, 6.11 and 6.13, NPPF Chapter 4 (Promoting Sustainable Transport), Ealing Development Strategy policy 1.1(f) and (g) are relevant with regards to transport issues.

Policy 6.3 of the London Plan 2015 states that development proposals should ensure that development should not adversely affect safety on the transport network.

The existing access, service area and parking layout meets modern standards and was approved under the original consent for the industrial estate. The current proposal seeks to retain existing on site car parking and access arrangements and no changes are proposed in this regard.

Ealing’s Transport Officer has been consulted and has raised no objection to the principle of the scheme, however, a travel plan has been requested to ensure impacts are minimised.

Transport for London has also been consulted on the scheme and have requested that a transport assessment assessing whether the proposed change of use would have an impact to highway and transport network in the vicinity. It should be noted that the current use of the site is also industrial, a storage and distribution facility (B8 Use Class) and a change of use from a B8 to general industrial (B2 Use Class) generally results in less vehicular movements.

A travel plan condition is recommended to limit the impact of the proposal and promote alternative modes of transport .The applicant has advised that the access arrangements for the site would remain unchanged and the estimated volume of traffic resulting from the development would be reduced from its current usage from a distribution centre, totalling approximately 30 vehicle movements per day. Car Giant operates a staff car sharing scheme and promotes public transport and cycling. Customer cars would be relatively limited and would be approximately 50 vehicles per day staggered throughout the day and early evening. Therefore, a transport assessment is not warranted in this instance.

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Transport for London has also advised that any construction work for the proposal development must not interfere with the any London Underground Asset, namely the Central Line adjacent to the site. It is recommended that this be included as an informative within any grant of permission.

The proposal would, therefore, be acceptable with the implementation of the above.

Refuse / Recycling

Standard 3.5.1 of the London Supplementary Planning Guidance November 2012 provides that ‘refuse stores should be accessible to all residents…and should satisfy local requirements for waste collection’. London Plan policy 5.17 ‘Waste Capacity’ requires the provision of suitable waste and recycling storage facilities in all new developments.

Existing refuse storage facilities are located on site that would be sufficient to meet the needs of the proposal. The proposal has been assessed by the Council’s Environmental Services (Refuse) Department who has raised no objection to the scheme on these grounds.

It is recommended that a condition be attached to the planning permission to ensure that refuse storage is provided on site in accordance with the Council’s standards. Therefore, the proposed development is considered to be acceptable in this regard.

Mayor’s Community Infrastructure Levy

The Mayor’s Community Infrastructure Levy (CIL) has introduced a charging system within Ealing of £35 m² of gross internal floor area to be paid to the GLA. This development would not be CIL liable as no new floorspace would be created as a result of the proposal.

Conclusion

The proposal is consistent with the aims of the relevant policies of the London Plan, Adopted Development Core Strategy, Ealing Development Management Development Plan Document, and Supplementary Planning Guidance.

In reaching this decision, specific consideration was given to the principle of the proposal in a Strategic Employment Location (SIL), the impact of the proposal on neighbouring premises and traffic, access and parking. The proposal is considered to be acceptable on these grounds and is, therefore, recommended for approval subject to conditions.

Human Rights Act:

In making your decision, you 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 the London Borough of Ealing to act in a manner, which is incompatible with the European Convention on Human Rights.

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You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation for approval of the grant of permission in this case interferes with local residents’ right to respect for their private and family life, 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 for approval is considered to be a proportionate response to the submitted application based on the considerations set out in this report.

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