If you require further information about this agenda please contact: Wendy Merry, Telephone 020 8583 2061, e-mail wendy.merry@.gov.uk.

SUSTAINABLE DEVELOPMENT COMMITTEE

A meeting of the Sustainable Development Committee will be held in the Committee Rooms 1 & 2, Civic Centre, Road, Hounslow on Thursday, 27 October 2011 at 7:30 pm

MEMBERSHIP

Mohinder Gill- Chair Mindu Bains, Felicity Barwood, Tom Bruce, Ruth Cadbury, Steve Curran, Samantha Davies, Gopal Dhillon, Bradley Fisher, Darshan Grewal, Elizabeth Hughes, Paul Jabbal, Sheila O'Reilly, Sohan Sangha and Allan Wilson.

AGENDA

1. Apologies for absence

2. Declarations of interest under the Town Planning Code of Practice or any other communications from Members

3. Minutes of the meeting held on 29 September 2011 (Pages 1 - 13)

Protocol for Speakers

Members of the public or applicants should contact the Committee Administrator, Wendy Merry on 020 8583 2061 with details of the proposed submission no later than 5pm, on 20 October 2011. Notification will be given of the Chair’s decision with regard to the request to speak.

For planning applications, the applicants will only be allowed to speak if there is an objector who wishes to address the Committee. In exceptional circumstances the Chair may agree that an applicant who would significantly add to the information already available will be allowed to speak at the Committee in the absence of an objector.

Where both parties address the Committee, the order of speaking will be the applicant, followed by the objector.

Each party will be given no more than 5 minutes to speak.

Planning Applications for Decision

4. Addendum Report (Pages 14 - 22)

An Addendum report will be published shortly before the meeting with any additional information relating to agenda items not available at the time of publication of the main agenda.

5. West Thames College, (Pages 23 - 39)

6. Land at Roundabout, junction of Avenue and (Pages 40 - 117) Great West Road

7. Tara House Montessori School, Wilson Walk, Prebend Gardens, (Pages 118 - Chiswick - adjourned 126) This item has now been adjourned and will be heard at the meeting to be held on Monday 7 November.

8. Dukes Meadows Golf Club, Dukes Meadow, Dan Mason Drive, (Pages 127 - Chiswick 167)

9. Boston Playing Fields, Boston Gardens, (Pages 168 - 183)

10. 13 Bridge Wharf Road, Isleworth - adjourned (Pages 184 - 207) This item has now been adjourned and will be heard at the meeting to be held on Monday 7 November.

11. 29 Chiswick High Road, Chiswick (Pages 208 - 247)

12. 137 Chiswick High Road, Chiswick (Pages 248 - 268)

13. , Station Approach, Chiswick High Road, (Pages 269 - Chiswick - adjourned 284) This item has now been adjourned and will be heard at the meeting to be held on Monday 7 November.

14. 5 Hardwicke Avenue, Hounslow - adjourned (Pages 285 - 296) This item has now been adjourned and will be heard at the meeting to be held on Monday 7 November.

15. 111 Power Road, Chiswick - adjourned (Pages 297 - 333) This item has now been adjourned and will be heard at the meeting to be held on Monday 7 November.

Other Planning Matters

16. Guidance on national planning policies (Pages 334 - 336) The following note is intended to supplement individual committee reports and provides guidance to Members on National Planning Policy for consideration in reaching decisions and/or providing comments on planning applications.

17. Any other business, which the Chair considers urgent.

18. The date of the next scheduled meeting is 24 November 2011

DECLARING INTERESTS

Committee members are reminded that if they have a personal interest in any matter being discussed at the meeting they must declare the interest and if the interest is also a prejudicial interest then they may not take part in any discussion or vote on the matter.

R A Gruet LLB - Assistant Director Corporate Governance Borough of Hounslow, Civic Centre, Lampton Road, Hounslow TW3 4DN

27 October 2011 At a meeting of the Sustainable Development Committee held onAgenda Thursday, Item 29 September 3 2011 at 7:30 pm at Committee Rooms 1 & 2, Civic Centre, Lampton Road, Hounslow. Present: Councillor Mohinder Gill (Chair) Councillors Felicity Barwood, Tom Bruce, Ruth Cadbury, Steve Curran, Gopal Dhillon, Bradley Fisher, Darshan Grewal, Paul Jabbal, Sheila O'Reilly and Sohan Sangha Apologies for Absence Councillors Mindu Bains, Samantha Davies and Elizabeth Hughes.

39. Declarations of interest under the Town Planning Code of Practice or any other communications from Members

Item 5: 33 South Street, Isleworth

All Members had received a communication in connection with this item.

Item 10: Manor Lane Estate, Manor Lane,

Councillor Jabbal declared that the item had been previously presented to West Area Committee.

40. Minutes of the meeting held on 17 August 2011

The minutes of the meeting held on 17 August 2011 (agenda item 3) were agreed.

41. Addendum Report - published 28 September 2011

The report was noted.

42. 33 South Street, Isleworth

See report by Nikolas Smith, Planning Officer (agenda item 5) and the Addendum Report.

With the permission of the Chair, Mark Pender addressed the Committee on behalf of the applicant and made the following points:

• Planning permission had been granted for flats at the site. • Planning permission was only needed for the extensions and the pub itself could be converted without planning permission. • The building was designed to ensure that privacy was protected. • Sainsburys could successfully co-exist with local traders. • 20-25 jobs would be created and there was a commitment from the applicant to employ people from the local area. • The proposals complied with planning policy. • There would be six parking spaces available for residents within the site, which was compliant with the Council’s maximum parking standards. • It was normal practice for deliveries to take place from on-street loading bays and there were other businesses in South Street serviced by deliveries, which relied on on-street loading bays. • The officer’s report showed that two of the units were below the space standards, but Mr Pender believed that adjustments could be made if necessary. • Changes had been made to the proposals in response to comments made by the Area Committee. 1 • Mr Pender believed that the proposals would be a positive addition to the area.

In response to Members’ questions, Mr Pender advised it was difficult to predict how many customers were likely to use the store, but an assessment using Government data had shown that there was likely to be sufficient expenditure in the area until 2014 to accommodate both the new store and local shops.

Mr Pender described the design as contemporary with a traditional twist, which he felt maintained the appearance and character of the area although he acknowledged that the design was subjective.

With the permission of the Chair, Rosemary Bunce spoke in objection to the proposals. She stated that she represented the Isleworth Society and had also liaised with shopkeepers and local residents. She supported the residential part of the proposals, but had concerns about the retail outlet and made the following points:

• There would be an unacceptable impact on traffic flow, particularly when deliveries were being made and parked delivery vehicles would block the view for motorists and pedestrians. • The operational times of the loading bay were from 8-9 am, which was the busiest time in South Street and the loading bay would be installed where the school crossing patrol was. There was no reason to believe that there would be only one delivery vehicle in the loading bay at a time. • There was no parking provision for the retail outlet. • Parking on the adjacent roads was already at a premium although the applicant was assuming that no further parking spaces were needed. • There were no details provided about recycling other than to say that it would be stored in the unit. • There would be a detrimental impact from the proposals on residents. • The Area Committee had recommended refusal. • The officer’s responses had been negative to the resident’s objections.

Cathy Gallagher, Assistant Director – Environment Department (Regulatory & Development Services) highlighted the main points in the report and summarised that, in most respects, the proposals met the Council’s requirements and that it was for Members to decide whether they liked the modern approach to the design.

In response to Members’ questions, Ms Gallagher confirmed that the applicant could change from A4 (pub) to A1 (retail) use without permission. Planning permission was required because extensions were being proposed at the same time as the change of use. There were two extensions being proposed, which would not be seen from the public domain. She also confirmed that there would be an increase in floor space.

With regard to the density, Ms Gallagher advised that flats would be built above the pub and there would be a new building at the front of the site. There would be an increase in the floor area covered by approximately two thirds. Most of the site was currently empty because it was a car park and the proposals would mean that area would be built on.

Ms Gallagher advised that a full impact assessment was not needed because the site was in a town centre, where it was established that shops should be retained. A retail study had been provided and it was the officers’ view that the type of retail proposed would be appropriate because there was capacity to enhance provision and provide a range of facilities.

Chris Calvi-Freeman, Head of Transport, advised that there was a 25m pay & display area to 2 the east of the site, which would be converted to a loading bay and the four pay & display spaces would be relocated. There were conditions in the delivery and servicing plan, which was part of the application. Enforcement could be carried out randomly, if required, or monitored by CCTV camera.

Councillor Brad Fisher raised concerns that the loading bay was opposite the entrance to a school and the school crossing patrol. Mr Calvi-Freeman advised that there was a light controlled crossing to the west and felt that it was unsafe to have a school crossing patrol in that area because it would mean crossing between parked cars. The light controlled crossing was protected by double yellow lines and those would be converted to four pairs of zig-zags. Mr Calvi-Freeman also felt that there may be scope to extend the kerb line out. With regard to vehicle movement from the new flats, Mr Calvi-Freeman did not feel that the number of vehicles was significant enough to cause a hazard.

Councillor Brad Fisher felt that new residents would either gain access to parking permits or park on the local roads. He felt that the new retail unit would ruin business for shops in the local area and there would not be enough business to sustain the new retail unit.

Councillor Curran noted that the retail unit did not require planning permission and advised that he had no objections. He had concerns, however, about the dormer windows on the flats, which he did not feel fitted into the surrounding area. He did not like the white walls and was not in favour of the design.

Councillor O’Reilly did not object to the units but had concerns about he shop, which she felt would be double the size of the existing building. She felt that it would attract people to shop in the area, where there was not enough parking space and moved refusal.

Councillor Brad Fisher advised that 650 people had objected to the proposals and seconded Councillor O’Reilly’s motion for refusal.

Councillor Cadbury advised that she was aware of the level of objections but was also listening to what officers had said. She felt that local people would use the proposed shop and that the new retail outlet may encourage people to use the other shops in the area too. The retail study had shown that mini supermarkets boosted the surrounding area rather than caused a decline and Councillor Cadbury used an example of a mini supermarket where she lived, which she felt had been a gain to the area.

Councillor Cadbury also felt that the grounds were weak for refusal on the retail outlet or the design. More housing was needed and small towns needed rejuvenating and Councillor Cadbury advised that she would be supporting the proposals, provided that all of the conditions were strong and enforced.

Councillor Dhillon acknowledged that there had been a significant number of people objecting to the proposals, but felt that officers had addressed those objections. He felt that the planning policy supported the proposals and seconded Councillor Cadbury’s motion for approval.

Councillor Bruce felt that it was difficult to find planning reasons to support refusal. He agreed that an additional retail outlet should be provided but was not keen on the design of the properties. On balance, however, he agreed with the proposal.

Councillor O’Reilly felt that overdevelopment of a listed building by the retail facility was a reason to refuse the application. Councillor Brad Fisher referred to another case, which had been upheld on appeal because of the lack of parking. Benita Edwards, Legal Officer, advised that the neither she nor the planning authority had been given the opportunity to look into the case mentioned by Councillor Fisher or compare3 the case to the proposed application and the Committee should, therefore, give little weight to the information.

Members voted against Councillor O’Reilly’s motion to refuse the application as follows:

For - Councillors Barwood, Fisher, Jabbal and O’Reilly Against - Councillors Bruce, Cadbury, Dhillon, Gill and Sangha Abstain - Councillors Curran and Grewal

Members then voted in favour of Councillor Cadbury’s motion to approve the application as follows:

For - Councillors Bruce, Cadbury, Dhillon, Gill and Sangha Against - Councillors Barwood, Fisher, Jabbal and O’Reilly Abstain - Councillors Curran and Grewal

Resolved:

a) That authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager to grant planning permission for planning application 01031/33/P8 for the refurbishment of and extension to the existing public house to the front and side and the erection of a linked three-storey building facing South Street providing: a shop and ancillary residential floor space at ground floor; two self- contained flats on the first floor of the public house and five self-contained flats in the upper floors of the new building, together with associated parking and landscaping at 33 South Street, Isleworth be approved, subject to the conditions set out in the report and the securing of the following planning obligations, by the prior completion of a satisfactory legal agreement or unilateral undertaking made under S.106 of the Town and Country Planning Act 1990, or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Borough Solicitor:

i) Residents’ parking permits restricted for future occupiers of the flats.

ii) A sum of £3500 to meet the costs of carrying out the highway works associated with converting existing ‘pay and display’ car parking spaces to a loading bay.

iii) A sum of £4200 to meet the cost of improvement and/or provision of off-site amenity space.

iv) A contribution to meet the costs of the Council’s legal and monitoring costs.

b) That the satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 29 September 2011, or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or the Borough Solicitor’s office.

c) That, if the legal agreement or unilateral undertaking is not completed by the date specified above or any agreed extended period, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory and Development Services) or the Development Control Support Manager to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms, in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010 development plan policies and the Planning Obligations SPD, as described in Section 8 of the report, be approved. 4

d) That, if planning permission is refused for the reasons set out above, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager, in consultation with the Chair of the Sustainable Development Committee to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it duplicates the planning application, there has not been any material changes in circumstances in the relevant planning considerations and provided a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time, be approved.

43. Utell House, 2 Road, Brentford

See report by Nikolas Smith, Planning Officer (agenda item 6)

With the permission of the Chair, Mr Gin spoke in support of the application.

He advised that there were significantly more balconies in the current application and all but two met the Council’s requirements. Planting was proposed and there would be screening around the communal amenity area, which would include a children’s play area. There was a car park on site.

Mr Gin felt that the officers had provided a good report and was happy to endorse the contents.

In response to Members’ questions, Mr Gin advised that there were 36 covered cycle stands for the commercial building, which were all secured and lockable and that he was willing to have the security of cycle stands included as a condition.

With the permission of the Chair, Denis Browne spoke on behalf of Brentford Community Council in objection to the proposals. He noted that previous proposals had been turned down by the Planning Inspector because there was not enough communal amenity space and there was still a shortfall of 67 sqm.

Mr Browne felt that, in turning down the proposal, the Inspector had been tacitly saying that there was too much development on site and that the developer should bring the size down. The developer had brought back virtually the same scheme, but with bigger balconies. Most of the balconies were long, narrow extended passages and difficult to use. He did not feel that they could be called the missing play space because children could not play there.

Mr Browne noted that there were four storeys in the current application rather than the original three and concluded his presentation by asking officers why the report was being recommended approval.

Cathy Gallagher advised that the applicant had lodged an appeal against the Council’s failure to determine the application within the statutory time period and although the Committee could not determine the application, the Council was required to tell the Planning Inspectorate what their decision would have been if an appeal had not been lodged.

In response to Members’ questions, Ms Gallagher advised that the communal amenity space had a children’s play area and the overall quantum had increased because of the balconies. The other main issue, apart from the amenity space had been the design changes.

Councillor Barwood felt that the addition of balconies did not equate to additional amenity space and did not feel that the proposals would5 preserve the conservation area. She also had concerns about the reduction in parking spaces from 48 to 28, particularly as the commercial part of the development was only using 20 out of 48 spaces; the history in the area; archaeology at the site and the view of the local residents, who did not want the development to go ahead.

Councillor Brad Fisher agreed that the balconies were not appropriate amenity space for children.

Councillor Curran advised that, although he was sympathetic, he did not feel that it was appropriate for the Committee to determine whether the balconies should be used for children and moved approval.

Members voted in favour of the officer’s recommendation for approval as follows:

For - Councillors Bruce, Cadbury, Curran, Dhillon, Gill, Grewal and Sangha Against - Councillors Barwood, Fisher and O’Reilly Abstain - Councillor Jabbal

Resolved:

That, had an appeal not been lodged, planning permission for planning application 00657/2/P4 for the retention of an existing commercial building and the construction of a new residential building over the existing car park to provide 9 no. units consisting of 1 x 1 bed, 4 x 2 bed, 3 x 3 bed and 1 x 4 bed flats, the retention of 28 car parking spaces and 36 new cycle stands at 2 Kew Bridge Road, Chiswick be approved, subject to the suggested conditions and proposed legal agreement set out in the report.

44. Melbourne Works, Inverness Road, Hounslow

See report by Tim Joll, Planning Officer (agenda item 7)

Tim Joll, Deputy Area Planning Manager, highlighted the main points in the report. In response to Members’ questions, he explained the ‘claw back’ mechanism for the affordable housing element in the S.106 agreement and that it would mean that the Council would gain more affordable housing in the long-term. Ms Gallagher added that the cost of relocating the employment business required a specific land value and that the scheme would be reappraised when sold. It would not be possible to commence work on the housing proposals until the commercial element had been built.

In response to further questions, Mr Joll advised that there was access to the site through Inverness and Grove Road and that permeability was possible by foot in other directions. In terms of the noise contour, the site was within ‘C’ area, which was the case for most of the Borough.

Councillor Brad Fisher raised concerns about overlooking onto Orchard School. Mr Joll advised that the applicant was in discussions with the School and that Members would have the opportunity to consider the detailed design at a later stage, when the reserved matters were submitted.

Councillor Cadbury felt that more affordable housing and more permeability should be achieved, if possible.

Members voted unanimously in favour of the officer’s recommendation for approval.

Resolved: 6 a) That authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager to grant outline planning permission for planning application M00637/21/P38 for the demolition of existing buildings and erection of 67 dwellings comprising of a mixture of houses and flats with associated access roads, car and cycle parking, children’s play area and landscaping works at Melbourne Works, Inverness Road, Hounslow be approved, subject to the conditions set out in the report and the securing of the following planning obligations by the prior completion of a satisfactory legal agreement or unilateral undertaking made under S.106 of the Town and Country Planning Act 1990, or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Assistant Director, Corporate Governance:

(i) Affordable Housing units

The provision of a minimum of 6 affordable houses on the site. These should include Blocks F, G & H and would incorporate at least the following units:

- Block F - 2no. 4bed 6 person houses with private gardens - Block G - 3no. 2bed 4 person houses with private gardens - Block H - 1no. 2 bed 4 person house with private garden

(ii) Registered Social Landlord

A Registered Social Landlord shall manage the affordable housing component of the development.

(iii) Employment Agreement that the residential scheme would not commence until such time as the existing employees on the site have moved to, and are operating from, other premises within Hounslow Borough

(iv) Education A financial contribution of £100,000 towards the provision of Primary and Secondary educational facilities in the locality. (v) Health A financial contribution of £55,000 towards the provision of health facilities in the locality.

(vi) Highway Improvements Payment of a financial contribution of £25,000 towards highway improvements including investigating and if necessary implementing a one way system along Inverness Road

vii) Open Space Improvements Payment of a financial contribution of £20,000 towards public space improvements

viii) Deferred Payment The S106 agreement will incorporate provisions for a review of viability and a deferred payment under which the7 Council will receive up to a 50% proportion of any increase in profitability of the development above agreed baselines should this occur in the future. This is based on the agreed EUV of the site and that 50% of any price paid over this benchmark will be ignored for the purpose of any reassessment.

ix) Travel Plan

x) Considerate Contractors Scheme

b) That the satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 26 October 2011, or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or within Legal Services.

c) That, if the legal agreement or unilateral undertaking is not completed by the date specified above or any agreed extended period, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory and Development Services) or the Development Control Support Manager to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms, in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010 development plan policies and the Planning Obligations SPD, as described in Section 8 of the report, be approved.

d) That, if planning permission is refused for the reasons set out above, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager, in consultation with the Chair of the Sustainable Development Committee to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it duplicates the planning application, there has not been any material changes in circumstances in the relevant planning considerations and provided a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time, be approved.

(Councillor Grewal left the meeting at this point).

45. Kershaw House, 447 Great Wes t Road, Hounslow

See report by Sunny Desai, Planning Officer (agenda item 8)

Members voted unanimously in favour of the officer’s recommendation, for approval.

Resolved:

a) That authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager to grant planning permission for planning application 00505/447/P9 for the conversion and extensions to the existing office building on the site to provide a 115 bed hotel, car parking, alterations to vehicular access and hard and soft landscaping at Kershaw House, 447 Great West Road, Hounslow be approved, subject to the conditions set out in the report and the securing of the following planning obligations by the prior completion of a 8 satisfactory legal agreement or unilateral undertaking made under S.106 of the Town and Country Planning Act 1990, or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Assistant Director, Corporate Governance:

(i) Travel Plan

Preparation and implementation of a plan to reduce the number of car trips made by employees or other users of the development. This document includes, as noted above, details of the dedicated taxi service for the proposed hotel and a coach management plan as well as specified targets to reduce car trips to the site.

(ii) Construction Training

Participation in a programme to provide employment training places during construction for local people.

(iii) Employment Initiatives

Payment of a financial contribution of £31,920 to facilitate elements such as job brokerage and skills training, apprenticeships and child care provision to develop the career path and skills of local people. This would ensure that local people could benefit from the site being redeveloped and employment returned to a currently vacant location.

(iv) Public Transport

Payment of a financial contribution of £36,000 to enhance local public transport services has been requested. This figure has been calculated, using the SPD Planning Obligations. Again this would serve to improve the local public transport network for the local community and encourage the use of public transport rather than the private vehicle.

(v) Air Quality Monitoring

If planning permission is granted a s106 obligation towards air quality would be appropriate. A formula based on the number of car parking spaces determines figure. Therefore a contribution of £10,000 is requested towards the continuance of monitoring at the HS6 site and air quality action plan projects in this area.

(vi) Considerate Contractors scheme

It is appropriate that the developer registers to the Considerate Contractors Scheme. All sites registered with the Scheme are monitored by an experienced industry professional to assess their performance against the eight point Code of Considerate Practice which includes the categories Considerate, Environment, Cleanliness, Good Neighbour, Respectful, Safe, Responsible and Accountable.

(Vii) Traffic Management Plan

Preparation and implementation of a plan to manage the vehicles arriving and departing from the site. b) That the satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 29 November 2011, or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or within Legal Services. 9 c) That, if the legal agreement or unilateral undertaking is not completed by the date specified above or any agreed extended period, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory and Development Services) or the Development Control Support Manager to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms, in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010 development plan policies and the Planning Obligations SPD, as described in Section 10 of the report, be approved.

d) That, if planning permission is refused for the reasons set out above, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager, in consultation with the Chair of the Sustainable Development Committee to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it duplicates the planning application, there has not been any material changes in circumstances in the relevant planning considerations and provided a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time, be approved.

46. Hounslow House, 714 -746 London Road, Hounslow

See report by Sunny Desai, Planning Officer (agenda item 9) and the Addendum Report

Ms Gallagher advised that there would be a car park management plan under the S.106 agreement, which would ensure that the setting of fees and charges would be operated properly.

Members voted unanimously in favour of the officer’s recommendation for approval.

Resolved:

a) That authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager to grant planning permission for planning application 00707/714-746/P19 for the redevelopment to provide retail store and ancillary uses (Class A1), retail unit(s) (Class A1/A2/A3), car and cycle parking, servicing, pedestrian and vehicular access, landscaping, public realm and associated works at Hounslow House, 714-746 London Road, Isleworth be approved, subject to the conditions set out in the report and the Addendum Report and the securing of the following planning obligations heads of term (details set out in the report and the Addendum Report) by the prior completion of a satisfactory legal agreement or unilateral undertaking made under S.106 of the Town and Country Planning Act 1990, or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Assistant Director, Corporate Governance:

(i) Townscape

(ii) Green Travel Plan

(iii) Construction Training

(iv) Job Brokerage and Skills Training (v) Public Transport 10 (vi) Connection to the Town Centre CCTV Scheme (vii) Combined Heat and Power Unit (viii) Town Centre (ix) Car Park Management Plan

b) That the satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 3 October 2011, or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or within Legal Services. c) That, if the legal agreement or unilateral undertaking is not completed by the date specified above or any agreed extended period, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory and Development Services) or the Development Control Support Manager to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms, in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010 development plan policies and the Planning Obligations SPD, as described in Section 7.143–7.146 of the report, be approved.

d) That, if planning permission is refused for the reasons set out above, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager, in consultation with the Chair of the Sustainable Development Committee to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it duplicates the planning application, there has not been any material changes in circumstances in the relevant planning considerations and provided a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time, be approved.

47. Manor Lane Estate, Manor Lane, Feltham

See report by Sam Collins, Planning Officer (agenda item 10) and the Addendum Report

Councillors Cadbury and Curran declared that, as Cabinet Members, they had been involved in putting forward proposals relating to the site. Ms Edwards, Legal Officer, advised that the fact that they had taken part in the decision-making process about the use of the site did not mean that they could not take part in making a decision about the planning proposals.

Tim Joll highlighted the main points in the report and proposed additional conditions in relation to construction, a considerate contractor’s scheme and hours of working, which the Committee agreed.

Members voted unanimously in favour of the officer’s recommendation for approval.

Resolved:

a) That authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager to grant planning permission for planning application 00733/F/P1 for the demolition of the existing residential blocks on the site and the construction of 68 new residential units, parking, children’s playground, amenity space and landscaping at Manor Lane Estate, Manor Lane, Feltham be approved, subject to the conditions set out in the report and the Addendum Report and the securing of the 11 following planning obligations by the prior completion of a satisfactory legal agreement or unilateral undertaking made under S.106 of the Town and Country Planning Act 1990, or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Assistant Director, Corporate Governance:

(i) Green Travel Plan

(ii) Car and Cycle Club

(iii) Contribution towards Education Provision

(iv) Contribution towards Health Care Services

(v) An additional condition about construction and hours of working.

(vi) An additional condition about the Considerate Contractor’s Scheme.

b) That the satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 29 December 2011, or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or within Legal Services.

c) That, if the legal agreement or unilateral undertaking is not completed by the date specified above or any agreed extended period, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory and Development Services) or the Development Control Support Manager to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms, in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010 development plan policies and the Planning Obligations SPD, as described in Section 7.74-7.80 of the report, be approved.

d) That, if planning permission is refused for the reasons set out above, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager, in consultation with the Chair of the Sustainable Development Committee to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it duplicates the planning application, there has not been any material changes in circumstances in the relevant planning considerations and provided a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time, be approved.

48. 319 -327 Chiswick High Road

See report by Shane Baker, Planning Officer (agenda item 11)

Members voted unanimously in favour of the officer’s recommendation for approval.

Resolved:

a) That authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager to grant planning permission for planning application M00248/319-327/P8 for the erection of a new mixed use building (4-storeys plus 12 penthouse level) comprising of A1 retail use on the ground floor and 16 residential units to the upper floors with basement level car parking and associated landscaping on the pavement/highway (Amended description) at 319-327 Chiswick High Road, Chiswick be approved, subject to the conditions set out in the report and the securing of the following planning obligations by the prior completion of a satisfactory legal agreement or unilateral undertaking made under S.106 of the Town and Country Planning Act 1990, or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Assistant Director, Corporate Governance:

(i) Public realm improvements in the sum of £11,025 (ii) Public open space/play area enhancements in the sum of £5,200 (iii) Education places in the sum of £48,266 (iv) Public transport improvements in the sum of £24,550 (v) Construction training opportunities (skills enhancement) in the sum of £15,000 (vi) Affordable housing – 2 ‘intermediate’ units on-site plus deferred contribution should viability increase

b) That the satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 20 December 2011, or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or within Legal Services.

c) That, if the legal agreement or unilateral undertaking is not completed by the date specified above or any agreed extended period, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory and Development Services) or the Development Control Support Manager to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms, in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010 development plan policies and the Planning Obligations SPD, as described in Section 7.46-7.50 of the report, be approved.

d) That, if planning permission is refused for the reasons set out above, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager, in consultation with the Chair of the Sustainable Development Committee to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it duplicates the planning application, there has not been any material changes in circumstances in the relevant planning considerations and provided a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time, be approved.

49. Guidance on national planning policies

The report was noted.

50. Any other business, which the Ch air considers urgent.

Cathy Gallagher informed Members that it was Tim Joll’s last meeting as he was leaving the Council to go back to New Zealand. The Members wished Tim well.

The meeting finished at 9:55 pm.

13 Agenda Item 4

SUSTAINABLE DEVELOPMENT COMMITTEE

27.10.11

ADDENDUM REPORT OF THE DIRECTOR OF ENVIRONMENT

This report contains additional information relating to agenda items not available at the time of publication of the main agenda.

The following text should replace that listed in the relevant items for the paragraphs listed:

Agenda Item 5 (page 14) – West Thames College, Children’s Nursery Ref: 00570/A/P23

Section 5.0

A further response from the adjoining neighbours has been received following publication of the officer’s report. Additional comments are made in respect of the recommended conditions of section 9.0 as detailed below:

• Condition 2 – it is important that the bamboo offers effective screening. The samples provided are an acceptable colour – but are not currently dense enough to offer adequate screening. This could be because they are still in pots and once planted they will flourish and provide effective screening – or that they are separated more so now than will be the case when planted. Regardless – effective and enduring screening to 3m is required.

Officer response : Conditions 3 and 4 require provision and maintenance of continuous bamboo screening planting along the neighbours’ boundary.

• Condition 6 – our Consultation Response suggested that use between 6pm and 9pm would be reasonable on two weekdays per month – not four. We would like SDC to consider whether this is reasonable, given the intrusion on the enjoyment of our gardens already compromised by the weekday daytime use of the centre.

Officer response : Use of the building for other appropriate community uses for up to 4 weekday evenings (until 9PM) per month, and subject to restrictive conditions in respect of noise and use of outdoor areas is considered reasonable. There are no windows directly facing the neighbours meaning there would be likely to be minimal disturbance.

• Condition 8 – this condition should preclude any activity likely to result in noise levels that impede the enjoyment of our gardens – such as singing (including in worship) and entertainment / performances.

14 Officer response : Condition 6 prohibits use of the building as a place of worship, whilst conditions 7 and 8 prohibit use of outdoor space in the playing of music or amplified sounds in the evenings.

• Condition 10 – the noise from the air source heat pumps should not impede the enjoyment of our gardens. The current condition measures this 1m from the nearest habitable room. This measurement should be taken from within the garden – and 2m from the boundary fence is suggested. In addition, the background noise levels should exclude aircraft noise – which is a long accepted downside of living in the area.

Officer response : The condition would ensure noise is controlled, and is able to be monitored, in accordance with the relevant British Standard.

• Condition 11 – we would welcome input into the colour chosen for the rear of the centre.

Officer response : Noted.

The neighbours have also requested further conditions as follows:

• No smoking in the vicinity of the Centre.

Officer response : There is no smoking permitted in the building or on the grounds of the site. A planning condition in this regard would not be enforceable. However a condition has been recommended as follows to address this concern:

12. There shall be no smoking within the building or on the site.

Reason: To minimise potential disturbance of neighbours’ amenity.

• No alcohol to be consumed in the Centre or vicinity.

Officer response : There is no drinking of alcohol permitted in the building or on the grounds of the site. Although a planning condition in this regard would difficult to enforce, an additional condition has been recommended as follows to address this concern:

13. No alcohol shall be consumed within the building or on the site.

Reason: To minimise potential disturbance of neighbours’ amenity.

• A limit on the number of people using the Centre at any one time of: those number provided in section 4.7 during the daytime; 20 people during the evenings (to prevent excessive crowds and so as not to create car parking issues).

Officer response : A condition restricting the number of people at the premises is considered unnecessary given the physical limitations of the building, and

15 such a condition would be unsatisfactory in enforcement terms since it would be difficult to monitor and require an intolerable degree of supervision.

• No congregating in the vicinity of the Centre during evenings (to prevent noise).

Officer response : This condition is not considered necessary as access is well away from the neighbours’ concerned. Additionally, such a condition is not enforceable.

• Consultation and SDC being required to approve any changes to the Conditions (to prevent these Conditions being changed without residents having the opportunity to comment; and to prevent changes being pushed though subordinate committees after SDC has taken the time to consider the initial set carefully).

Officer response : This requested is noted. If approved, any changes to the conditions shall be subject to consultation of neighbours prior to any decision being made.

• I also note that the Case Officers’ Report does not provide a full explanation to SDC of the issues associated with the planning approval granted last November. This should be drawn to SDC’s attention – as detailed in our Consultation Response attachment.

Officer response : Reference is made to the planning history and to errors in the previous assessment, however this application must be considered on its own merits.

Agenda Item 6 (page 31) - Land at Chiswick Roundabout, Junction of Gunnersbury Avenue and Great West Road Ref: 00505/EY/P14

Air Quality

Following the completion and publication of the committee report, comments have been received from the applicant, Mr Kim Gottlieb.

Mr Gottlieb has requested that the third reason for refusal, relating to the proposed nitrogen dioxide emissions and the efficiency of lighting an entire building, be withdrawn.

The Council’s Sustainability Officer has reviewed the application in regards to the carbon emissions and in regards to the proposal complying with Policies 5.2 (Minimising Carbon Dioxide Emissions), Policy 5.3 (Sustainable Design and Construction) and Policy 5.7 (Renewable Energy). Paragraph 7.225 therefore concludes that the application would comply with these standards.

In regards to Air Quality, the Head of Environmental Strategy has reviewed the application. This is separate to the Council’s Sustainability Officer review

16 of the application, and includes a review of Policy 7.14 (Improving Air Quality) of the London Plan.

The applicant has stated that the committee report provides conflicting advice to the committee. However, the report includes technical advice from all of the relevant officers in their specialist areas. It is not considered that the report conflicts in regards to air quality and sustainability.

It is noted that the applicant has stated that they are not wedded to the bio- fuel energy generating system, and that all other efficient and sustainable methods of energy provision will be investigated.

Accordingly, Council officers have reviewed the report and consider that the third reason for refusal remains relevant.

Lighting

Following the publication of the committee report, an email has been received from the planning agent for the application. This recognises the condition that has been suggested within the committee report which would require the lighting and advertising to be switched off between 11pm and 6am.

It is considered that this is a fair and reasonable condition in regards to reducing overall light pollution and energy usage.

However, the applicant’s agent has suggested that instead of a condition, that a ‘Lighting Management Plan’ is prepared by the application and approved by the Local Planning Authority prior to the commencement of the development.

The provision of a Lighting Management Plan would allow for further consideration to be given to the proposed lighting and times. It is noted that this would need to be reviewed by a Lighting Consultant and it would be expected that the Council’s costs are recuperated from the applicant.

If approved, it is recommended that a Lighting Management Plan be prepared as a planning obligation of a Section 106 agreement.

Agenda Item 8 (Page 118) – Dukes Meadows Golf Club – Tennis Centre Ref: 00503/B/P28

Paragraph 7.70

The applicant has submitted further details of the proposed access to the facility by local schoolchildren. This additional detail is given below.

Priority booking

Since the facility opened in 2008, Dukes Meadows Tennis has been actively working with local schools to encourage participation by children and search for talent in the community. School bookings are taken ahead of the public

17 booking system to ensure they take priority, alongside other children's programmes. Booking times are customised to suit the individual requirements of particular schools, taking into account factors such as their curriculum, weekly timetable and distance from the site.

Officer response : Noted.

Court usage

All schools have the option of using the indoor or outdoor courts at Dukes Meadows, although the indoor courts tend to be in much greater demand due to inclement weather and what is considered to be a world class indoor facility.

In addition the centre runs an outreach programme, which involves qualified coaches running regular sessions at local schools.

Officer response : To ensure the justification for the dome is maintained, when it is erected, schoolchildren should be given priority to use the indoor courts.

Standard of coaching

Dukes Meadows coaching team are qualified LTA coaches. Headed by James Lenton, Director of Tennis, along with Jo Durie and Alan Jones, our coaches success record speaks for itself, having produced 27 Wimbledon players. 3 of our coaches have been in the top 10 players in their country and the whole team are considered to give really serious tennis lessons at all levels. We feel that it should also be noted, in terms of contribution to the local community, that when my client purchased Dukes Meadows in 2008 there were less than 30 staff on site. Currently there are between 80 and 110 Staff , which fluctuates seasonally. Staff includes full and part time employees together with self employed.

Officer response : Noted.

Talented children

Dukes Meadows Tennis runs an extremely successful academy, which seeks to unearth raw local talent and turn it into the champions of tomorrow. The academy already contains children from Hounslow and the most talented children from the agreed schools program would progress on to the academy. Any children from underprivileged backgrounds would receive a scholarship to fund their future coaching as required. Dukes Meadows are very proud to have produced the current National U10 Boys Champion and local boy, Oliver Golding, who has just won the US Open Boys Championships, trains at Dukes Meadows.

Officer response : Noted.

Transport provision

18

Dukes Meadows Tennis are offering to provide one vehicle, which could transport up to 32 children to and from the centre. This provision alongside existing transport arrangements, would ensure that any local school or club wishing to use the facility would not be prevented from doing so by transport considerations.

School visits are generally booked one at a time and require the use of 2 courts for 32 children. These sessions occur during the school day. School sessions do not generally run concurrently and therefore it is not envisaged that the transport offer will be insufficient.

Officer response : Such transport would be necessary, as the site has a low level of accessibility using public transport and schools have limited resources to transport students to the site. Details of transport measures would need to be secured via a planning obligation.

Free courts offer

Dukes Meadows are offering 30 hours a week of court time to local schools within the London Borough of Hounslow, with full use of equipment and associated facilities during this period. The centre is also offering 15 hours of free coaching a week. This offer is the equivalent of £480.00 of court time and £1695.00 of coaching per week, the cost of transport, equipment and administration is also offered and should also be taken into consideration. From current experience it is strongly anticipated that there will be a full take- up of this offer by local schools, but in the event that any surplus time remains, Dukes Meadows are prepared to make-up any shortfall through the coaching out reach programme or by way of an extended offer of court time/coaching to other equivalent local children's groups.

Officer response : The proposed offer of free court time, coaching and transport to the facility of schoolchildren has an annual value of approximately £105,750.

The applicant is confident there would be 100% take up of the court time offered, however if this was not the case, the benefit to the local community would be reduced. Accordingly, any obligation in respect of the access for schools should also include provision for a financial contribution to be made for any shortfall in take up, with this contribution to be used to fund other sporting schemes and provision in the borough.

In respect of this obligation the applicant has advised that:

In principle my client would be willing to agree to obligate to a financial contribution with an agreed cap.

We would suggest and prefer a formation of a charitable trust fund, with both Hounslow and Dukes Meadows represented as trustees. Any financial contribution could be transferred to the trust and used for talented or

19 underprivileged children to benefit from sport at Dukes Meadows, which is not limited to tennis. The added value of this route is the involvement of Stephen Marks and his Dukes Meadows professional sports team, who have valuable experience in the delivery of sports, both high level and in general.

The benefit to sport in the Borough from this offer has been further considered with consultation of the Council’s Head of Leisure Services and the Schools Sports Partnerships Co-ordinator. Their comments are given below:

Head of Leisure Services :

As far as I am aware Dukes Meadow is the only indoor public pay and play tennis facility in the Borough. Whilst being a public play and pay venue it is also a LTA High Performance Centre and as such provides for both the general public and talented players alike. The facility is one of many sports clubs and organisations on the Dukes Meadow Grounds and the facility has the ability/potential to make a significant contribution to the sports and recreational offer for local residents and schools alike. To deliver this potential all year round they do require indoor facilities.

Their offer of court time would allow 15 schools/classes of up to 32 children to benefit from free coaching every week. This would allow up to 480 children to benefit from high quality free coaching every. On top of the free coaching their offer also allows a further 15 one hours session a week to be used free by our schools. To help make this more accessible they have also offered free transport to and from the venue for our schools.

Furthermore the Council has a long term legacy ambition to develop Dukes Meadows Recreation Grounds as a sporting centre of excellence. This facility would fit within this ambition. The Boat Race finishes here and last year the London Cup for hockey was based next door on the pitches at Westminster University so there is already a basis to make this happen.

Finally one of the key aims of the emerging Sports and Physical Activity Strategy we are currently consulting on is to increase participation rates in sports and physical activity. The offer made here as would fit within this aim and would expand the opportunity for children within the Boroughs schools to learn to play tennis and benefit from high quality free coaching on a sustainable basis.

School Sport Partnership Co-ordinator

The School Sport Partnerships have worked with Dukes Meadows who have offered free coaching and court time during the school day. This has been relatively successful with a number of schools taking advantage of this. The major stumbling block for school has been transport to the site which is difficult to access by public transport. Dukes Meadows have offered to supply transport but this was logistically problematic during the summer term. This is not insurmountable if the substantial financial resource needed is available.

20 Dukes Meadows is a tennis high performance centre and coaches there are highly qualified. I am very confident that these coaches are able to adapt sessions to meet the needs of all levels of ability and that they utilise an appropriate multi skills approach to coaching youngsters who do not have adequate basic skills to be coached in a more formal way.

For those youngsters with an aptitude for tennis this represents a fantastic, potentially life changing opportunity. A major benefit of the partnership to gifted youngsters is access to a very impressive talent support programme. The partnership fully supports the new national School Games programme. St Mary’s Chiswick year 3 and 4 are pan London champions and there are significant opportunities to build on this success.

Were the schools able to fully utilise the offer from Dukes Meadows the weekly benefit to school sport in Hounslow could be costed as follows.

Court Hire £22.50 per Two courts x £1,350 court 30 sessions Coaching 15 sessions 15 x £25 (min) £375 Transport 30 schools 30 x £60 £1800 £3,525

Realistically, schools usage would be limited to approximately 30 weeks in the year. If transport issues and take up were fully utilised the benefit to school sport could be totalled at £105,750 per annum. However, it is unlikely that this capacity would be fully taken up as schools would be unlikely to commit that level of curriculum time. Administration of this is also a big task and has proved a stumbling block to schools being able to make the most of this generous offer. In order for schools that are unable to access the site Dukes Meadows have offered outreach work with coaches visiting the schools. Dukes Meadows have also supported the partnership with an offer of access to their golf facilities which have been taken up by a number of schools.

This is a fledgling partnership but the opportunities it offers to Hounslow’s young people are compelling and very exciting. To fully reap the benefits of this for sport in Hounslow it would require commitment, creative planning and significant administrative support.

Officer response : The improved offer from the applicant has provided more detail regarding the benefits that would result from the development in providing access to a new sporting facility for local schoolchildren. The case for very special circumstances is now considered more balanced, however the conclusion that these benefits do not outweigh the harm from the inappropriateness of the development and its visual impact remains unchanged.

21 Agenda Item 12 (Page 239) – 137 Chiswick High Road Ref: 00248/137/P1

Page 255: Amend condition 8 to read:

The submitted microgeneration equipment shall be installed in accordance with the information contained within drawing 110222 E700 TDv1, Infinite Energy Report Ref C120, BRUKL Output Document and drawing A6.

Reason: To ensure the fullest contribution towards minimisation of carbon dioxide emissions is achieved in accordance with London Plan policy 5.2 (Minimising carbon dioxide emissions).

Page 256: Amend condition 11 to read:

The use hereby permitted for A2 purposes shall not be carried on outside the following times 8am – 8pm Monday – Friday, 8am – 6pm on Saturdays and 11am – 5pm on Sundays and bank holidays and shall not be carried out on Christmas Day, New Years Day, Good Friday and Easter Sunday.

(Reason. In order to safeguard the amenities of adjoining residential properties and to ensure that the proposed development does not prejudice the amenities of the locality in accordance with policies ENV.B.1.1 New development and ENV.P.1.5 Noise pollution).

Page 256: Delete condition 16.

Page 258: Add condition.

The air conditioning units and other plant contained on the roof shall be turned off outside the following times 8am – 8pm Monday – Friday, 8am – 6pm on Saturdays and 11am – 5pm on Sundays and bank holidays.

Reason: In order to safeguard the amenities of adjoining residential properties and to ensure that the proposed development does not prejudice the amenities of the locality in accordance with policies ENV.B.1.1 New development and ENV.P.1.5 Noise pollution).

22 Agenda Item 5

Sustainable Development Committee 27 th October 2011 [email protected]

References: P/2011/2210 00570/A/P23

Address: West Thames College, Isleworth

Ward: and Spring Grove

Proposal: Retention of a detached single storey building for use as a Children's centre

Drawing numbers: Design and Access Statement, 1052/01 revision A, 1052/11, 1052/10, 1052/02 revision A, 1052/202 revision C, 1052/110 revision J, 1052/03 revision D

Application received: 26/08/2011

1.0 SUMMARY

1.1 The application seeks consent for the retention of a new children’s centre building which has not been built in full accordance with the original permission. The construction of the building is largely completed; with the main variation from the approved drawings being that it is taller on the side nearest to the adjoining residential properties on The Grove. The building is to accommodate the North Isleworth Children’s Centre presently located nearby on London Road, as that building is to be vacated.

1.2 Mitigation of the impacts resulting from the changes to the building’s design are also proposed, with new fencing and landscape planting to be provided along the boundary with neighbours to help screen the building.

1.3 The measures proposed to mitigate the unauthorised changes to the building are considered acceptable, and so approval is recommended subject to conditions confirming details of those measures and to protect the amenity of the surrounding residents.

2.0 SITE DESCRIPTION

2.1 The site is located on land that is part of West Thames College, between the rear of Block B and the western boundary of the College, adjoining the rear gardens of residential properties on The Grove. The Children’s Centre is a single storey building and associated play area located adjacent to the rear boundary of Nos. 13, 15, 17 and 19 The Grove.

2.2 The College itself has recently undergone redevelopment, which is continuing. Part of this development was for a new children’s nursery on land that fronted The Grove. This nursery caters for students and staff with children. The nursery building is located between Nos. 19 and 31 The Grove. A gated pedestrian path from the Grove extends along the northern side of the nursery giving restricted access to the College and also pedestrian access to the new Children’s Centre.

23 2.3 The rear gardens of houses on the east side of The Grove back on to the West Thames College site. Tall trees screen the boundary between the site and the rear of many of these gardens. The same level of screening does not exist between the rear gardens of Nos. 13 and 15 The Grove as does elsewhere along this boundary.

2.4 The site is in the Spring Grove Conservation Area.

3.0 PLANNING HISTORY

3.1 Relevant planning history is given below.

3.2 00570/A/P16 Redevelopment of West Thames College to provide 14,902m 2 (14,462 gross internal floor area) of education and related floor space comprising of: Three main blocks linked by a central atrium, providing academic and vocational teaching space, administration, catering, social and ancillary uses. A revised car parking layout with 225 car parking spaces including 14 disabled spaces, 170 cycle spaces and 12 spaces for motorcycle parking. Creation of an all weather sports pitch and cricket nets. Improvements to existing access arrangements. Alterations to internal road, pedestrian and circulation routes. New and replacement hard and soft landscaping. Temporary buildings totalling 1,900m 2 and associated service, infrastructure, enabling and accommodation works to site

Approved 13/02/2008

3.3 00570/A/L2 Listed Building consent for the alterations to Spring Grove House including the provision of a new glass enclosed stair and lift core, a ramp and stair access to north elevation, reinstatement of basement window in east elevation, internal alterations including the removal of redundant external cabling, consolidation of remaining cabling installation for IT services and accommodation works to Spring Grove House

Approved 11/02/2008

3.4 00570/A/CA2 Demolition of 1960s and 1980s buildings on the campus, comprising of blocks A, B, C and D, the nursery business centre and No. 21 The Grove (former caretaker’s house)

Approved 11/02/2008

3.5 00570/A/P17 Erection of 506m 2 single storey building to provide dedicated nursery facilities for West Thames College, including provision of 3 car parking spaces for staff use, fence to enclose the site the sides and rear, new replacement hard and soft landscaping and associated service, infrastructure, enabling and accommodation works to site

Approved 13/02/2008

24 3.6 00570/A/P20 Erection of a single storey building for use as a children’s centre along the boundary between the site and Nos. 11-19 The Grove

Approved 08/12/2010

3.7 00570/A/P20(5) Details submitted pursuant to Condition 5 (tree works) for erection of a single storey building for use as a children’s centre along the boundary between the site and Nos. 11-19 The Grove dated 18.12.10

Approved 16/05/2011

4.0 DETAILS

4.1 The application seeks permission for the retention of the new Children’s Centre building that has not been built fully in accordance with the proposal approved in 2010. Minor alterations from the approved design are also proposed as are measures to mitigate the building’s impact on the adjacent residential properties.

4.2 The building is single storey and is 17 m long parallel to the boundary with properties on The Grove and 8.065 m wide, with an additional 2.9 m wide canopy (which is yet to be built) on the south side of the building, 6.8 metres away from the boundary with the houses on The Grove and 2.3 metres high. Previously the building was to have a canopy across the full width of the building (therefore only about one metre away from the boundary) at the same height as the rest of the Centre.

4.3 It has a part mono-pitched and part flat roof and is 3.6 m high from ground level to the top of the eaves adjacent to the neighbouring gardens, with the maximum height of the building being 4.11 m (towards the centre of the building). It is set in by 1.2 m from the boundaries of the houses to the west. There are no windows facing houses on The Grove.

4.4 There are air source heat pumps at low level at the front and rear of the building, including three alongside the boundary with properties on The Grove.

4.5 New bamboo plants (3m tall) are proposed to be planted along the western side of the building provide landscape screening of the building together with an acoustic screening fence and trellis above it reaching 2.6 m high.

4.6 There is a landscaped area to the south of the building to be used for outdoor play space.

4.7 Access for pedestrians is provided by the path to the north of the nursery building. Children’s centre users would approach the College nursery down the existing front path from The Grove, and then follow the line of the building to the left where there will be an electronically controlled door and buzzer intercom system to contact the children’s centre reception. CCTV would aid identification of centre users and they would then be allowed access onto the College land. 25 4.7 The primary use of the centre is the provision of community activities and health services for children aged five years and under and their families/carers. It would deliver community activities and health services, and has a crèche, a consulting room, kitchen, a reception, a waiting room, toilets, disabled toilet, a plant room and a buggy store. The occupancy of the children’s centre is estimated to be 16 children and their parents/carers, one full time employee and two part time employees.

4.8 The building is to re-house the existing services provided at the North Isleworth Children’s Centre, which presently operates at Heath House (on London Road), as those premises are soon to be vacated.

4.9 The proposed hours of opening are listed in the application form as 9am to 5pm Monday to Friday. However the applicant has subsequently advised that they would intend that the centre be used occasionally in the evenings for other community uses such as adult classes or groups, on average once a week. These other uses are within the same Use Class as a Children’s Centre and would be ancillary to the children’s centre’s operation, though this would differ from the original approval where the use was restricted to only a children’s centre.

Differences from approved scheme

4.10 The general building layout and design is consistent with the original approval, however the height of the building from ground level has increased and the pitch of the main section of roof is not as steep.

4.11 The variations from the approved drawings are:

(i) The maximum height of the building is 0.05m higher and the main roof has a lower pitch. (ii) The height from ground level (when re-established) to the underside of the eaves at the western side of the building is 0.65m higher (iii) The height from ground level (when re-established) and the top of the eaves at the western side of the building is 0.69m higher (iv) There is a coloured, textured render finish to the western elevation instead of painted blockwork with some timber cladding. (v) A roofed enclosure that was 4.06m high and projected 3.728m from the southern end of the building has been omitted, reducing the overall length of the building by 3.728m. (vi) A buggy enclosure attached to the front (north side) of the building has been omitted and a detached pre-fabricated enclosure provided to the north of the building and to the east of the substation. (vii) The building setback an additional 0.2m from the western boundary.

4.12 The building is connected to the new drainage system of West Thames College, which is a Sustainable Urban Drainage System (SUDS).

4.13 Air source heat pumps have been installed to meet the on-site renewable energy target of the original permission, providing heating for the building. 26 5.0 CONSULTATIONS

5.1 Seven residents and the Spring Grove Resident’s Association were consulted by letter on 2 September 2011. A press notice appeared in the local newspaper on 16 September 2011 and a site notice posted on 21 September 2011.

5.2 One response of behalf of two adjoining residents listing objections and recommended conditions to address concerns was received. A summary of the objections and a response is given below.

Comment Response

The size, height and proximity of The proposed new 2m high boundary the building to the boundary fence with trellis above and 3m tall greatly increases the imposing bamboo plantings would screen much of nature of the building and are a the elevation of the building facing the significant factor in the harm neighbours, minimising any adverse being caused to the enjoyment visual impact and reducing its of my garden, kitchen and dining overbearing effect. areas.

The ugly “hearing aid beige” See above comment and Condition 11. Artex finish on the visible face – bearing resemblance to a public toilet block.

Privacy impacts – with any Access to the site is from The Grove adults entering the Centre or in with the entrance to the building from the Centre’s garden area the northern side, which is not visible unavoidably overlooking our from the neighbours’ gardens. The new gardens; boundary fence, at 2m high, will prevent undue overlooking of neighbouring properties.

Noise from children playing in The outdoor play area is unchanged by the garden and entering and the application from the approved exiting the Centre – directly scheme. The proposed replacement behind the boundary fence. fence would be higher than the existing fence and this will act as an enhanced sound barrier as it would be formed from specialist acoustic fencing made of closely joined timber panels that eliminate gaps where noise may pass and also deflect noise.

27 Noise from the air source heat See above comment in respect of new pumps – particularly after they fencing. A condition (10) controlling have been used for some time noise is proposed and subjected to the elements – and uncertainty about their hours of operation.

Unsuitable restrictions in both There are conditions (5, 6, 7, 8) the time of use and the types of proposed in respect of controlling the use of the Centre. hours of opening and types of uses permitted to ensure disturbance of neighbours is minimised.

No more on-site car parking No additional parking is proposed and spaces are being created as there was no parking in the approved part of this application. I assume scheme. this is because the Centre will The centre is aimed to be within pram- not create additional demand for pushing distance from its users, and so parking, or that the three spaces no parking is required. It is noted that no available for shared use with the car parking spaces are used at Heath adjacent Nursery will be House, from where the centre is to be sufficient. Local residents do not relocated from by the Children’s Centre. want an increase in street The existing nursery spaces on The parking so, if this assumption is Grove are underused and will be made incorrect, additional on-site available if necessary. parking is required.

5.3 In addition to the objections listed above, the neighbours (at Nos. 13 and 15) have suggested the items listed below are the minimum conditions for any planning permission granted. An officer response is also given.

(i) A 3m high mature bamboo continuous screening (of a suitable species) between the Centre and the fence at the boundary between West Thames College and my garden.

Response : The applicant proposes a 3m high bamboo screening as requested.

(ii) Ongoing maintenance of this bamboo screening – so that it continues to provide effective and appropriate screening.

Response : The recommendation includes a condition (3, 4) requiring a landscape maintenance programme for the bamboo screening, and it is noted that the applicant advises that this planting is to be irrigated.

28 (iii) 2m high robust acoustic fencing with a 60cm trellis - to replace the ageing fence at the boundary between West Thames College and our gardens;

Response : The applicant proposes a 2m high acoustic fence with 0.6m trellis to replace the existing rear boundary fences of 11-15 The Grove.

(iv) Provision of a suitable range of plants / climbers to be planted on the house side of this new fence.

Response : The applicant has indicated they are willing to provide plants as requested for the rear gardens of the neighbouring properties, though this area is outside of the application site and would be negotiated as a separate agreement.

(v) A more tasteful finish of the Centre on its visible face;

Response : The applicant has indicated they are willing to repaint the elevation facing the neighbours, but owing to the nature of the construction, re-cladding is not proposed. A condition is recommended (11)

(vi) Restrictions in the maximum noise levels and hours of use of the air source heat pumps – at levels that will provide for the enjoyment of my home and garden (including, for example, relaxing in my garden in the summer months); and periodic maintenance of these heat pumps so that they continue to comply with these noise limits;

Response : The applicant has advised that these units normally operate during hours of use. The recommendation includes conditions in respect of limiting noise and for maintenance of the units.

(vii) Restrictions in the hours of use of the Centre – as follows: a) 9am-5pm weekdays (as in the planning application); b) occasional, indoor only, weekday evening use to no later than 9pm; c) no use during weekends or public or bank holidays.

Response : The applicant advises that these restrictions are acceptable. The recommendation includes conditions (6, 7) restricting the hours of use.

(viii) Restrictions on the type of use of the Centre – limiting it to the core functions of a children’s centre and specifically precluding: a) Use of music or other amplified sounds; and b) lighting of outdoor space after 6pm.

Response : The applicant has advised that in addition to the primary use of the building as children’s centre, they would like to utilise the building for occasional adult classes and the like, subject to the usage restrictions set out above, and that they agree to no music or amplified sound after 5pm (noting there was no restriction on the original consent and music/ dancing is an activity often provided at children’s centres. 29 Isleworth and Brentford Area Committee -15 September 2011

5.12 The application reported to the committee for comment. Members made the following comments:

• Members regretted the situation which has arisen with the application and the errors which had occurred. • Members recognised the need to mitigate the situation and reach a solution which was acceptable to all parties. • Members had received a letter from one of the residents objecting to the application which proposed a series of conditions in mitigation. Members supported the conditions proposed in the letter. • Members supported maximising mitigation. • There were concerns about whether the proposed screening by a bamboo screen was the most suitable as bamboo was a hardy species which could be invasive. • If there were to be screening by planting, members considered that a maintenance plan should be a condition. • However, members noted that in respect of another application, it had been suggested that a physical screen was required and a plant screen was treated as not sufficient. • Members suggested that alternative screening with a wall and the cladding of the building might be more appropriate.

6.0 POLICY

Determining applications for full or outline planning permission

6.1 When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

The Development Plan

6.2 The Development Plan for the Borough comprises the Council's Unitary Development Plan (UDP), Employment Development Plan Document, Brentford Area Action Plan and the London Plan.

The emerging Core Strategy

6.3 On 12 July 2011, the Council's Cabinet approved that the Core Strategy "Preferred Strategy" should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that very limited weight can be given to it at this stage.

The draft National Planning Policy Framework 30

6.4 The draft National Planning Policy Framework (NPPF) was published for consultation on 25 July 2011. The NPPF is a consultation document and, therefore, potentially subject to amendment. Nonetheless, as emerging policy, the Local Planning Authority (LPA) considers that the NPPF is capable of being a material consideration. As the Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled and given that the NPPF is still in the consultation stages, the LPA considers that very limited weight can be given to the NPPF at this stage.

6.5 Unitary Development Plan

ENV-B.1.1 New Development ENV-B.2.2 Conservation Areas ENV-B.1.9 Safety and Security C.1.4 New Social and Community Facilities T.1.4 Car & Cycle parking & Servicing Facilities for Developments.

6.6 London Plan

3.16 Protection and Enhancement of Social Infrastructure 3.17 Health and Social Care Facilities

7.0 PLANNING ISSUES

7.1 Planning permission has been granted for a children’s centre on the site, establishing the acceptability of the use and also a new building. The application seeks permission for retention of the children’s centre building that has not been built fully in accordance with the approved plans as well as for minor alterations to the building design and mitigation of the impacts on neighbours through additional landscaping screening and new fencing.

7.2 No changes to the approved use (D1 use class – children’s nursery), numbers of employees or children’s places, or access and parking arrangements were originally proposed. However, subsequently the applicant has requested that the permitted hours of use be varied to allow for ancillary activities, within the same use class (e.g. adult classes, community group meetings) to be accommodated in the building on occasionally weeknights, up until 9pm.

7.3 Therefore the main planning issues to consider relate to the potential impacts resulting from the changes from the approved scheme and proposed mitigation, in respect of:

• The appearance of the building and the character and appearance of the conservation area

• The impact on the amenities of neighbouring properties 31 The appearance of the building and the character and appearance of the conservation area

7.4 Policy ENV-B.1.1 of the UDP states that the proposals must relate well to the site and the scale, nature, height, massing, character and use of the adjacent townscape. Policy ENV-B.2.2 states that development should preserve or enhance the character and appearance of the Conservation Area.

7.5 The building erected on site is consistent with the architectural style and form of the approved building. The application seeks permission for amendments that have been made to the design and for the increased height of the building. The changes to the design have a minor impact on the building’s appearance, and have included modification of the roof form to include a flatter roof pitch, deletion of a projecting canopy (which comprised a roofed enclosure that was 4.06m high and projected 3.728m from the southern end of the building) to reduce the overall length of the building facing the neighbouring gardens, and for textured render applied to the western elevation in place of painted blockwork and some timber cladding. A buggy store that was at the front of the building will also be relocated to a space to the north of the building entrance.

7.6 There is a very limited view of the building from the streetscene of The Grove owing to screening by the large semi-detached houses of that road. It is apparent from within the College grounds and the rear of houses on The Grove. The single storey building erected has a simple, contemporary form, which is consistent with the original design, and which complements the other recently erected buildings of the redeveloped College. As such it has not harmed the appearance of the site or adversely affected the character of the Conservation Area.

Impact on the Amenity of Nearby Residents

Outlook

7.7 The building to be retained is marginally taller than the maximum height of the approved building (by 0.05m), and it is setback an additional 0.2m from the boundary with the neighbouring properties on The Grove, but it is appreciably taller adjacent to the boundary with those properties as the wall and eaves height has been increased, so that the building is up to 0.69m higher alongside the rear gardens of the properties on The Grove. The elevation directly facing these neighbouring gardens (of Nos. 15, 17 and 19), has also been altered to a textured render finish instead of painted blockwork with some timber cladding. There are angled views from the rear of No. 13.

7.8 These changes have made the building more obvious from the rear windows and gardens of the neighbouring properties on The Grove. In particular the increased height of the building makes it prominent from the garden and rear windows of Nos. 13 and 15, where unlike Nos.17 and 19, which have a row of tall, evergreen conifers along the boundary with the site

32 giving a relatively dense screen of vegetation; there are only smaller trees and shrubs, which are deciduous, leaving only limited screening.

7.9 From these neighbouring properties the elevation of the building is seen against the backdrop of the taller College building to the east, which is a substantial four-storey block. However the proximity of the building to the boundary (1.2m), and the lack of articulation, does make it a relatively bulky structure, especially from No. 15, as it extends across almost the full width the rear garden of that property. It should be noted that the building is now not as long as approved, as it has been reduced in length by 3.728m and so unlike the original approval it does not extend fully across the width of No. 15’s garden, which is a positive improvement to the neighbour’s outlook, especially to No. 13, as the building no longer extends to the rear of their garden, though this by itself does not outweigh the impact of the additional height of the remainder of the building.

7.10 In considering the impact on neighbours, account should be given to the history of the preceding application, as when the building was originally approved, the officer assessment erroneously considered the visual impact of the new building would be minimal and therefore acceptable, owing to an extensive tree screen along the boundary between the building and neighbouring gardens. However as noted in paragraph 7.8, the vegetation along the rear boundary of Nos. 13 and 15 does not provide an effective landscape screen. Second, the siting if the proposed building was amended during the assessment but re-consultation of neighbours was not carried out. Although planning permission has been granted to a building in the same position on the site, albeit 0.2m closer to the boundary than has been built and 3.728m shorter in length, changes that accentuate the height and bulk of the building are especially sensitive noting the history of the previous application.

7.11 The applicant has proposed new boundary fencing and planting of evergreen shrubs to mitigate the visual impact of the building when seen from the neighbouring properties on The Grove.

7.12 The existing timber paling fence along the rear of Nos. 13 and 15 is approximately 1.65m to 1.7m high. The applicant proposes to replace this fence, with the agreement of the neighbours, with 2m tall timber fence topped with a 0.6m high trellis. The fence will also act as an acoustic barrier. This taller fence will reduce the area of wall visible from the neighbouring gardens, and is to be provided across the rear of No. 11, as that property adjoins the outdoor play area. The total fence height of 2.6m (8’ 8”) would screen the majority of the elevation facing the neighbours. The submission from the neighbours requests a 2m high fence with a 0.6m high trellis.

7.13 The applicant also proposes to plant rows of 3m tall bamboo plants in the space between the western side of the building and the boundary. The proposed bamboo would provide a landscape screen, with the plants forming a dense evergreen screen comprised of canes and leaves that also would soften the outlook from the neighbouring properties. The applicant has confirmed that the bamboo species selected would be evergreen, shade and cool-weather tolerant, and non-invasive, and therefore suitable 33 for the narrow space between the new fence and the building. To ensure the effectiveness of the proposed planting and its longevity, conditions (2, 3, 4) requiring details of a programme of regular maintenance and replacement of any dead, diseased or dying plants with new plants are recommended. The plants would be watered by a permanent irrigation system. This planting would improve the outlook for the adjacent neighbours at Nos. 13 and 15.

7.14 Re-cladding and/ or repainting of the exterior wall facing the neighbours has also been requested by the neighbours but the existing external finish (textured render) is not considered to be unsatisfactory in appearance or out of keeping with surrounding buildings where similar rendered finishes exist. Therefore, noting this context and considering the new fencing and screen plantings proposed, re-cladding is not considered necessary but a condition (11) is recommended to require the application of an alternative colour to the outside of the building.

7.15 Although not part of the application, the applicant has indicated they would agree to pay for new plants to be provided to the neighbours to plant in their own gardens, however as these gardens are outside of the application site this would be subject to a separate arrangement with the neighbours.

7.16 The combination of the mitigation proposed would satisfactorily reduce the harmful impact on the outlook of the neighbours that has resulted from the changes to the approved building, and would also help compensate for the previous error in assessment. The higher fence requested by the neighbour would provide even more screening but the suggested height from the applicant is considered satisfactory and also more effective in providing both screening as well as allowing for the growth of the bamboo screen, which may be less effective with a higher fence that limits access to light.

Daylight and Sunlight

7.17 Given the building is single storey and is located due west of the neighbouring residential properties, with a setback from the boundary of 1.2m, the increased height of the building is not considered likely to have resulted in any significant increase in overshadowing, with the impact also being partly offset by the reduction in length of the building by 3.728m. The neighbouring gardens would continue to receive satisfactory sunlight throughout the day.

Privacy and Noise Disturbance

7.18 In respect of privacy, the approved and as built building has no windows facing the adjoining residential properties, so there would be no overlooking from the development.

7.19 Concern has been raised by the neighbours in respect of noise from air source heat pumps that provide energy for heating of the building, and from the hours and nature of the use of the building.

7.20 The air source heat pumps are located around the perimeter of the building near to ground level, with three units attached to the wall adjacent to the western boundary adjoining properties on The Grove. These provide on-site 34 renewable energy and have been installed to satisfy a condition of the original permission requiring a proportion of the energy needs of the building to be met from on-site generation to reduce the overall carbon dioxide emissions from the scheme. The units will normally only operate when the building is occupied, limiting noise impacts. To ensure there is minimal impact on the neighbours from these units, a condition (10) specifying that when operating they should have a noise output that is 10dB below the background noise level as measured at the nearest dwelling has been recommended (in accordance with BS 4142). The condition also requires proper maintenance of the units is recommended to ensure they continue to perform as specified.

7.21 In regards to use, there are no windows or doors in the side of the building facing the neighbouring residential properties. The building was approved as a children’s centre (Use Class D1) with an outdoor play area. The applicant has advised that in addition to this children’s centre use, the use of the building for up to one evening a week for other uses with Use Class D1 for other community and adult uses is desired, and so consideration has been given to the impact of extended hours of use of the centre (beyond the 9am to 5pm weekdays). Noting access is on the opposite side of the building and there are no windows or doors facing the neighbours, limited evening use is unlikely to result in any unreasonable disturbance of neighbours from noise, provided activity is restricted to the building itself and not the outdoor space and there is no playing of music. Conditions (5, 6, 7, 8) that limit the additional ancillary use to adult education only, no more than four weeknights a month, up until 9pm, and prohibit use of the outdoor space after 5pm and the playing of music are recommended.

7.22 It is also noted the proposed replacement fence would be higher than the existing fence and this will act as an enhanced sound barrier as it would be formed from specialist acoustic fencing made of closely joined timber panels that eliminate gaps where noise may pass and the timber also absorbs some noise.

8.0 CONCLUSION

8.1 The retention of the building, which has variations from the original approval, is acceptable subject to the mitigation proposed, as those measures would improve the outlook for the neighbours by screening and adding greenery to site along the boundary with neighbouring gardens. Additionally, other conditions in respect of use, noise, maintenance and hours of opening, would ensure that the living conditions of neighbours are adequately protected.

8.2 Therefore approval is recommended subject to conditions confirming details of those measures and to protect the amenity of the surrounding residents.

35 9.0 RECOMMENDATION: APPROVAL

Reason:

The development would provide a building for community use, allowing for the relocation of an existing Children’s Centre, thereby maintaining an existing community facility. Subject to the measures of mitigation proposed and safeguarding conditions recommended, the character and appearance of the Spring Grove Conservation Area would be preserved and thee amenity of neighbouring properties satisfactory protected. Therefore the development would accord with policies ENV-B.1.1 (New Development), ENV-B.2.2 (Conservation Areas), ENV-B.1.9 (Safety and Security), C.1.4 (New Social And Community Facilities) and T.1.4 (Car And Cycle Parking And Servicing Facilities For Developments) of the Council's adopted Unitary Development Plan and policies 3.16 (Protection and Enhancement of Social Infrastructure) and 3.17 (Health and Social Care Facilities) of the London Plan 2011.

Conditions and Reasons

1. The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans submitted therewith (Design and Access Statement, 1052/01 revision A, 1052/11, 1052/10, 1052/02 revision A, 1052/202 revision C, 1052/110 revision J, 1052/03 revision D) and approved by the Local Planning Authority, or as shall have been otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the development is carried out in accordance with the planning permission.

2. Before the first occupation of the building hereby permitted, a continuous landscape screen formed by evergreen bamboo plants with a minimum height of 3 metres and of a non-invasive species shall be provided between the western side boundary of the site and the building hereby permitted, alongside the rear boundary of the adjacent property at No. 15 The Grove.

Reason: To ensure a satisfactory outlook for the adjoining neighbours.

3. If any part of the continuous bamboo plant screen required by condition 2 of this planning permission dies, then replacement bamboo plant(s) of the same size and species shall be planted in its place and permanently retained so long as the building remains in place.

Reason: To ensure a satisfactory outlook for the adjoining neighbours.

36 4. Within one month of the date of the first occupation of the building hereby permitted, details of a programme of ongoing maintenance for the bamboo landscape screen required by condition 2 of this planning permission shall be submitted to the Local Planning Authority for approval, and the programme shall be carried out in accordance with the approved details thereafter.

Reason: To ensure a satisfactory outlook for the adjoining neighbours.

5. The premises shall be only be used for a Children's Centre, and for no other purpose (including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification), with the following exceptions that are permitted only between 5pm and 9pm, on no more than a total of four weekdays per month:

(i) Meeting hall for community groups

(ii) Non-residential education and training

Reason: To protect the amenity of neighbouring residents.

6. The use hereby permitted for a Children’s Centre shall not be carried on outside the following times;

9am to 5pm Monday to Friday, except on no more than a total of four weekdays per month, when only the following uses within Use Class D1 may be carried on from 5pm to 9pm;

(i) Meeting hall for community groups

(ii) Non-residential education and training

No use is permitted on weekends, Public Holidays or Bank Holidays.

Reason: To protect the amenity of neighbouring residents.

7. The outdoor space on the southern side of the building hereby permitted shall not be used after 5pm on any day.

Reason: To protect the amenity of neighbouring residents.

8. On the evenings where extended hours of use are permitted, in accordance with conditions 5 and 6 of this planning permission, there shall be no playing of music or use of amplified sound within the premises or on the site.

Reason: To protect the amenity of neighbouring residents.

37 9. Within two months of the date of the first occupation of the building hereby permitted, a timber acoustic noise barrier fence, that is a minimum of 2m high above ground level, with a timber trellis above with a minimum height of 0.6m, giving a total height of 2.6m, shall be erected along the western side boundary of the site for the full length of the boundary of the adjacent properties from Nos. 11 to 15 The Grove.

Reason: To ensure a satisfactory outlook for the adjoining neighbours.

10. The level of noise emitted from the air source heat pump units on the building shall not exceed 45dB L AEQ, 5 min or be less than 10dB below the background noise level, as measured at 1 metre from the window of a habitable room in the façade of any neighbouring residential property (in accordance with BS 4142), whichever is the lower noise level. The units shall be maintained in accordance with the manufacturer’s recommendations and a log of maintenance shall be recorded for inspection.

Reason: To protect the amenity of neighbouring residents.

11. Within three months of the date of this permission, an alternative colour, details of which shall first be submitted to and approved in writing by the local planning authority shall be applied to the west elevation of the building, and the building shall be maintained in that colour thereafter

Reason: To protect the appearance of the Spring Grove Conservation Area.

38

1 to 12 to 1

22 20

14 18

Grovewood Ct

49

51 21

Nursery

2 1

El Sub Sta

8

7 9

230

STANLEYCROFT CLOSE 10

228

4

39

9

4 3

Lampton Lodge

1 2

Lampton Lodge

213

5

221 1

SPRING GROVE ROAD 229

1 8 Games Court

2 9

3 10 15 1

4

11 16 Fire Station © Crown copyright. All rights reserved. West Thames College Children's Centre London Borough of Hounslow 100019263 2011. Agenda Item 6

SUSTAINABLE DEVELOPMENT COMMITTEE 27 October 2011 Sarah Smaill e-mail: [email protected]

References: P/2011/1181 00505/EY/P14

Address: Land at Chiswick Roundabout, Junction of Gunnersbury Avenue and Great West Road, Brentford

Ward:

Proposal: Erection of a landmark office building (B1 use) comprising of retail showroom at ground floor with eight office floors above and basement carparking providing 6,606sqm total floorspace and incorporating four illuminated media advertising screens with LED shroud and a viewing platform

Drawing numbers: P00A, P01A, P02A, P04A, P05A, P06A, P07A, P08A, P09A, P10A, P11A, P12A, P13A, P14A, P15A, P16A, P17A, P18A, Received 21 April 2011

P40-00, P41-00, Received 2 September 2011

P03B, P19B, Received 27 June 2011

Application 21 April 2011 received:

1.0 SUMMARY

1.1 Planning permission is sought to erect a 49.7m high office building, surrounded by a shroud that would contain an artistic display and four media screens.

1.2 The principle of the proposed office floorspace and retail showroom are considered to be acceptable within the policies of the Unitary Development Plan and London Plan, and given the context of the existing implemented Citadel development. The proposal would also provide for 346 additional jobs, and redevelop a vacant and derelict site.

1.3 The proposal includes a large, high level media screen on the west facing elevation. This would measure 18.7m in width by 19m in height and would extend to a height of 38m above ground level. The media screen is set within a shroud, which is also illuminated and would form an artistic display.

40 1.4 Although the mass and the bulk of the building are considered to be broadly acceptable, due to the Citadel development which has been implemented and could be built, the proposed development is considered to be harmful to the quality of the surrounding area, as a result of the high level media screen and the illuminated shroud. The media screen would cover approximately 75% of the west facing elevation, preventing the elevation from having a more organic shape and would dominate the elevation. It is considered that the high level media screen would undermine the credibility of the building as an iconic development. The media screen harms the visual amenity of the surroundings and would not make a positive contribution to the surrounding area. The development would not be a sustainability exemplar and would result in emissions of nitrogen dioxide.

1.5 The proposal is considered to have an adverse impact on the setting of the Kensington and Chelsea Cemetery, which is within the Conservation Area and which is identified as Metropolitan Open Land. The building would have a dominant impact for users of the cemetery and would have a jarring impact on the setting of the cemetery.

1.6 Accordingly, refusal has been recommended.

2.0 SITE DESCRIPTION

2.1 The site is located at the junction of A406 North Circular (Gunnersbury Avenue) and A4 Great West Road, Chiswick. The site is a triangular piece of land that fronts the Chiswick Roundabout. The site is currently vacant, and has nine existing advertising hoardings around the perimeter of the site.

2.2 The existing adverts are generally 2.6m above ground level and the height of the panels vary between 3m and 7.5m. All of the panels are internally illuminated poster panels, with the exception of the panel adjacent to the A4 which is a digital light emitting diode (LED) screen with a display that changes image every seven seconds.

2.3 The site fronts the Chiswick Roundabout, with the Power Road Industrial Estate to the east beyond Gunnersbury Avenue. This includes car showroom and MOT servicing stations, some office development and a number of light industrial units. The development fronting Gunnersbury Avenue varies in height, between 15m and 23m with the remainder of the estate between 1 to 3 storeys in height.

2.4 The elevated M4 roadway is above the A4 road to the south of the site. This is in four lanes with no hard shoulder.

41 2.5 Beyond the Power Road Industrial Estate is the Thorney Hedge Conservation Area to the east of the site. This is a residential area on Thorney Hedge Road and Silver Crescent. To the south is the Wellesley Road Conservation Area with the Strand on the Green Conservation Area beyond that along the River Thames. The Kew Bridge Conservation Area abuts these two areas further west. The Gunnersbury Park Conservation Area is located to the north of the site, and includes Gunnersbury Park and Kensington Cemetery. This land is also identified as Metropolitan Open Land (MOL) and is a registered Historic Park and Garden.

2.6 The Design and Access Statement provided with the application provides an overview of the site context, and recognises that the site is dominated by noise at ground level, with the sidewall of the elevated M4 adjacent to the A4 motorway. The Design and Access statement notes that there are a mix of different buildings of various designs styles, ages, sizes and uses within the surrounding area.

2.7 The site is not designated in the Council’s Employment Development Plan Document or the Brentford Area Action Plan. The site is not within a conservation area and is not located within a Flood Zone. The front boundary of the site fronting the Chiswick Roundabout is within an Archaeological Priority Area however the remainder of the site is not.

3.0 HISTORY

3.1 There is a significant amount of planning and advertisement history for the site. The most relevant are listed below.

3.2 00505/EY/P5 Erection of a thirteen storey building comprising office building with basement carparking (Outline Application) (The Citadel)

Approved subject to legal agreement 9 September 2002 Considered to have implemented the permission and therefore remains valid

3.3 00505/EY/P5(a) Approval of reserved matters for landscaping

Approved 15 June 2006 – commenced works June 2008 3.4 00505/EY/P6 Erection of an advertising tower

Refused 4 March 2003 Allowed on appeal 7 November 2003 for a period of three years 3.5 00505/EY/P9 & Erection of a five storey office building comprising AD4 office/showroom at ground level and nine panels projecting from the side and roof of the proposed building

Refused 23 May 2006 42 Dismissed on appeal 19 September 2006 3.6 00505/EY/P10 Retention of freestanding advertisement tower

Refused 24 May 2007 Dismissed on appeal 6 March 2008 3.7 00505/EY/P11 Retention of advertising tower with additional cladding for a temporary period of two years

Refused 4 September 2008 Dismissed on appeal 11 May 2009 3.8 00505/EY/P13 Erection of a 5 storey 52m high 'Landmark Building' for & AD9 office use incorporating 5 media screens and associated parking.

Refused 23 April 2010 Advertisement decision appealed. Allowed on appeal 24 November 2010 and is currently subject to a High Court appeal. Appeal Decision attached as Appendix 1.

3.9 00505/EY/AD10 Retention of a freestanding advertisement panel which & AD12 changes every eight seconds. Retention of nine advertisement displays for a further two year period.

Refused 7 February 2011 Allowed on appeal 10 August 2011 for an additional two years from the date of the decision. 3.10 00505/EY/P15 Erection of a temporary advertisement tower structure for & AD13 the display of a back lit illuminated advertisement panel Display of a back lit illuminated advertisement panel Refused 13 July 2011, Appeal Submitted. Provisional hearing date set November 2011

The existing implemented permission – Citadel (00505/EY/P5)

3.11 As outlined in the table above, planning permission was granted on 9 September 2002 for a thirteen storey building, with basement carparking. This was subject to a legal agreement. The permission is considered to have been implemented 1. The building which could be built would be at a height of 59m above ground level, with a glass and terracotta exterior and comprise 19,750sq.m of office floorspace.

1 The existing permission is considered to have commenced and a legal opinion confirmed this. 43

Image: The Citadel – 00505/EY/P5 from ground level and M4 level

The previous application – 00505/EY/P13

3.12 The proposed application is very similar to the previous application which was refused on the 23 April 2010 (00505/EY/P13), which was concurrently applied for with advertisement consent (00505/EY/AD9) for advertisements to be displayed on the building.

3.13 The application was similar in shape to the current application being considered, and would have provided for a smaller office building underneath the shroud and included both east and west facing high level media screens.

Figure: North East Elevation Proposed (from Gunnersbury Avenue) 00505/EY/P13

44

Figure: CGI from Design and Access Statement (00505/EY/P13) showing east facing advert panel that was previously proposed

3.14 The applications were considered by the Sustainable Development Committee on the 17 March 2010 and subsequently refused under delegated authority following a recommendation by the Committee. The reasons for refusal for the planning application were as follows:

The proposed building and advert screens, by virtue of its size, position, design and appearance would have an adverse impact on the character and appearance of the area. The design and scale of the building is out of character with the surrounding environment and would appear as an incongruous and discordant addition on the skyline, adversely impacting on the amenity of the Great West Corridor and the amenity of the surrounding area.

The proposed building and advert screens, by virtue of its size, scale and design, and visibility from Gunnersbury Park, Wellesley Road, Thorney Hedge, Strand on the Green, Kew Bridge and Kew Gardens Conservation Areas, would adversely impact on the character and appearance of the amenity of those Conservation Areas, and would be harmful to views from a Historic Park and Metropolitan Open Land (Gunnersbury Park). The incorporation of an LED shroud and the location of large illuminated advert screens, at a high level on the skyline would cause undue light pollution and result in the building appearing as a dominant and discordant feature that would be unduly prominent on the skyline resulting in an adverse impact on the visual amenity of these locations and the setting of Gunnersbury Park. As such the proposal would fail to preserve or enhance the character and appearance of the Gunnersbury Park, Wellesley Road, Thorney Hedge, Strand on the Green, Kew Bridge and Kew Gardens Conservation Areas.

45 The proposed building and advert screens by virtue of their size, position, design and appearance and light pollution emanating from the panels, would be detrimental to the amenities of nearby residential properties.

The proposed traffic island located in Larch Drive is not sufficient to prevent vehicles leaving the site from turning right. As such it is considered that there would be a conflict with between vehicles turning right out of the site and vehicles entering Larch Drive from the A4.

3.15 The applicant did not appeal against the refusal of planning permission.

Advertisement Consent

3.16 The reasons for refusal on the advertisement application were as follows:

The proposed building and associated advert screens, represent a potential distraction to motorists on a carriageway where caution is required, which would be detrimental to road safety conditions on the M4 elevated motorway, and would adversely impact on public safety.

The proposed building and LED advert screens, represent a potential distraction to motorists on a carriageway where caution is required. The frequency of changes of display, or method of change has not been specified in the application and as a result the LED screens are considered to potentially distract motorists on the elevation M4 motorway.

3.17 Following the refusal, the applicant appealed the advertisement consent only and this was heard at appeal at an Informal Hearing. Prior to the hearing, revisions were made to the size of the advertising, including the removal of the high level east facing panel, and a reduction in the height of the building. The changes made to the proposal have now been incorporated into the proposal that is the subject of this planning application.

3.18 Following the hearing the appeal was allowed on the 23 November 2010, subject to the following four conditions. A copy of the appeal decision is attached as Appendix 1 .

1. The maximum luminance for the advertisements shall not exceed 600cd/m².

2. The displays on all panels shall be static and two dimensional only with no moving or apparently moving images, devices, wording or emblems; and shall not depict any images that resemble road signs or traffic signals unless otherwise agreed in writing with the local planning authority. The changeover shall be instantaneous.

3. The advertisements hereby approved, shall not change more frequently than once every 2 minutes.

4. At the end of five years from the date of this decision the advertisements hereby granted consent shall be removed.

46 3.19 Subsequently, on the 23 December 2010 the London Borough of Hounslow issued legal proceedings in the High Court seeking the quashing of the Inspector’s decision.

3.20 The grounds of appeal are as follows:

The Inspector’s decision was unlawful on the following grounds: (i) The Inspector’s decision not to consider the amenity effects of the proposed advertisements was unlawful for the following reasons: (a) By section 79(1) of the Town and Country Planning Act 1990 (as modified in advertising appeals) the Secretary of State may deal with an advertising appeal ‘as if it had been made to him in the first instance’. (b) By regulation 3 of the Advertising Regulations, advertising powers are to be exercised in the interests of amenity and public safety. Amenity includes the ‘general characteristics of the locality, including the presence of any feature of architectural, cultural or similar interest’ (c) By section 79(1A) (as modified) the Secretary of State is obliged to have regard to the development plan and the factors in Regulation 3 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007; (d) The development plan contains policies addressing amenity issues. The decision had to be made in accordance with the development plan unless material considerations indicated otherwise (section 38(6), Planning and Compulsory Purchase Act 2004); (e) The Town and Country Planning (Control of Advertisements) (England) Direction 2007 requires local planning authorities to provide photographs to the Secretary of State on an appeal which will ‘assist the Secretary of State in considering, in relation to the appeal, the interests of amenity or public safety’ (paragraph 2(b)); (f) PPG19 and Circular 03/07 says that amenity impacts will be considered, for example, the Secretary of State will consider the interests of amenity in determining appeals for poster sites (Circular 03/07Appendix E, para 1-4); (g) The Council had raised amenity impacts in its committee report, appeal statement and asked for them to be considered in the appeal; (h) Amenity objections to the advertisements had been raised in representations on the application by the Brentford Community Council, the West Chiswick and Gunnersbury Society and local residents (appeal statement, para 3.17, 3.18, 3.20). The Inspector was obliged to consider these representations; (i) The impact of the development on the nearby heritage assets, including the Kew Gardens World Heritage Site and conservation areas, was relevant under national policy in PPS5 and Circular 07/2009 Protection of World Heritage Sites. (ii) The Inspector failed to have regard to a relevant consideration, namely the effect on safety and amenity of the proposed LED shroud on the building alongside the

47 advertisement screens. In this case the advertisements and the building had to be considered together (iii) The Inspector’s suggestion that ‘there is no conclusive evidence to show that a correlation exists between advertising and road safety’ (decision, paragraph 26) as a factor in favour of allowing the appeal was contrary to legislation and to government policy (iv) The Inspector failed to include an agreed condition requiring details of a replacement cladding to be submitted to the local planning authority and installed as approved when the advertisement screens were removed 2.

3.21 Accordingly, among other things it is important to recognise that the visual impact of the media screens under the Advertising Regulations 2007 was not considered within the appeal process.

3.22 A date has been set for the hearing of the High Court Challenge, which is the 8 March 2012.

4.0 DETAILS

4.1 The application is for the erection of a landmark building on the site that would accommodate eight floors of office space, a roof terrace and a retail showroom and reception area at ground floor level. Basement carparking is proposed. The table below shows the proposed accommodation:

Accommo dation Gross Internal Area (GIA) Ninth (roof garden + viewing 278sq.m platform) Eight (office) 383sq.m Seventh (office) 455sq.m Sixth (office) 537sq.m Fifth (office) 627sq.m Fourth (office) 670sq.m Third (office) 631sq.m Second (office) 543sq.m First (office) 485sq.m Ground (retail) 199sq.m Ground (reception/lobby) 222sq.m Basement carpark and plant 1576sq.m Total 6,606sq.m Table 1: The proposed Gross Internal Area of the accommodation proposed

2 London Borough of Hounslow, High Court Grounds of Appeal, CO/13197/10 48 4.2 Carparking would be contained within a basement level, and would contain 42 parking spaces with space for 60 cycle parks. At ground floor level within the legs would be storage for the bio-diesel, a plant room and ventilation plant, a water tank and carpark ventilation equipment. The CHP plant, boiler room and tri-generation plant equipment would also be stored within the legs at ground floor level.

4.3 The proposal is a re-submittal following the previous refusal of the planning and advertisement applications last year (00505/EY/P13 and 00505/EY/AD9). There have been some amendments and alterations since the previous applications were considered. These can be summarised as:

• A reduction in height from 52m to 49.7m above ground level;

• The removal of the large east facing advertising screen, and a reduction in the size of the remaining four advertising screens;

• An increase in the size of the shroud surrounding the building, and the introduction of an ‘artistic shroud’;

• The carparking has been placed in a basement underneath the building and a retail showroom has been introduced at ground floor level with a glazed canopy and pedestrian access;

• The volume of the office floorspace has been increased, resulting in the removal of the void between the office floorspace and shroud that was previously visible from Gunnersbury Avenue;

4.4 The application includes the following supporting documents:

• Design and Access Statement prepared by Make Architects (April 2011);

• Heritage Statement prepared by Heritage Collective LLP (April 2011);

• Planning Statement (April 2011);

• Lighting Specialist Report prepared by Arup Lighting (April 2011);

• Statement of Community Involvement (April 2011);

• Economic Impact Assessment (April 2011);

• Environment Report prepared by Epal (April 2011);

• Transport Statement prepared by Savell Bird & Axon (April 2011);

• Townscape Assessment Report prepared by Peter Stewart Consultancy (April 2011);

• Sustainable Design and Construction Statement, Energy Strategy, prepared by Metropolis Green (April 2011).

BUILDING DESIGN 49 4.5 The proposed building would have a height of up to 49.7m above ground level and comprises of a singular silhouette that tapers towards the highest point. The bulk of the building is located in a central position within the site, and at ground level is surrounded by angular fragmented elements, or upturned ‘legs’. The ground level structures extend across the full width and depth of the site.

4.6 The bulk of the building is covered with a shroud, with light emitting diodes (LEDs) set into louvres and as such the shroud is capable of being illuminated. The shroud would be separated from the external wall of the office building (which would be glazed) by a maintenance access gantry. The louvres would be spaced to provide for solar shading, as well as allowing outlook from the office space and daylight into the offices. The louvres would be silver anodised aluminium, and the LEDs would be located on the front. Each louvre would be 70mm thick, and would be set 175mm apart.

4.7 The LED lights would be located on the frontage of the louvre which would have a slight overhang to provide a ‘cone’ to direct the light distribution. The Design and Access statement provided the following drawing:

Figure: Section of LED ‘louvre’ system from the Design and Access Statement 3

4.8 The LED panels would allow the shroud to become an active canvas, and would include a media screen on the west facing elevation (towards the elevated M4). The panel would measure 18.7m wide by 19m in height. The panel would be at a slight angle between 17.55m and 19.7m from ground level at the base of the media screen, and with a height of 35.8m to 38.27m above ground level. The media screen would be illuminated for 24 hours a day, with a maximum luminance of 600 candelas. The images would not be changed more frequently than once every two minutes. The media panel would have the same construction and layout of louvres as the artistic shroud.

3 Design and Access Statement, Make Architects, April 2011, Page 37 50 4.9 The remainder of the shroud would be used as an artistic display. The colours and intensity of the illumination will therefore vary depending on the display however the output will be kept at half the output of the media screens which are at a higher resolution.

Figure: West facing elevation of the proposal from above the elevated M4 4

4.10 The northeast elevation of the building is the area of the building where the office cladding will be visible (i.e. not covered by a shroud), when travelling down Gunnersbury Avenue towards the Chiswick Roundabout. The office cladding would be of a minimalist design, with neutral coloured glazed panels and opaque glazed spandrel panels at the lower level of each floor. There would be many and unusually angled planes to the cladding.

4.11 The angular elements at ground level, or ‘legs’ would be covered in perforated stainless steel sheets. The perforation size and the angle of the panels vary around the structure, depending on the need for ventilation and shelter of plant equipment. The legs would form a partial wall at ground level for green climbing plants.

4.12 In addition, to the high level media screen three media screens would be located across the ground level structure legs, one at each corner of the site. The media screen fronting the Chiswick Roundabout would measure 13m wide by 4.5m in height. The media screen fronting the A4 carriageway (at the intersection with Larch Drive) would measure 12.7m wide by 4.5m in height. The media screen fronting the A406 (at the intersection with Larch Drive) would measure 6.6m wide by 16.2m in height. These will be LED screens and the images will not be changed more than once every two minutes. The media screens would not exceed a luminance of 600cd/msq.

4 Design and Access Statement, Make Architects, April 2011, Page 5 51 4.13 The proposed building has been laid out on the site to allow the pedestrian access to the building from Gunnersbury Avenue, with vehicle access to the basement from Larch Drive to the rear of the building. A glazed canopy is proposed over the entrance, with two of the sculptural ‘legs’ on either side. This would provide the pedestrian entrance to the reception for the office accommodation and the entrance to the retail showroom. The building would have a centralised lift shaft in the core of the building, which can also be accessed from the basement carparking level of the building.

Figure: View of proposed development from above Chiswick Roundabout 5

4.14 The office accommodation would be contained behind the shroud around the building and would have a very simple floor plate layout, to enable the space to be occupied by either one occupier, or rented out on a floor-by- floor basis.

4.15 The roof terrace proposed includes a number of plants and trees and would be able to be accessed by occupiers of the building. The Design and Access statement also notes that this may be used by the public for managed events during the weekends and evenings.

Parking and Access

4.16 Vehicle access to the site would be from Larch Drive, with a double width access road into the basement of the building. A service bay is proposed alongside the Larch Drive frontage, to provide for service deliveries and refuse collection.

5 Design and Access Statement, Make Architects, April 2011, Page 22 52 4.17 The access would be located towards the Great West Road end of the Larch Drive site frontage. A central island is also proposed to prevent right turns in and out of the site. The access can only be constructed through a section 278 agreement, or with a financial contribution to allow the Highway Authority to undertake the works.

4.18 All parking would be located within the basement. Three disabled parking spaces are proposed, with three electric car charging points and two car pool spaces. 60 cycle spaces are proposed, with parking for 10 motorcycles. 39 standard car parking spaces are to be provided.

5.0 CONSULTATIONS

5.1 The application was advertised as a major/significant development. Press notices and site notices were posted. Individual letters were sent to surrounding properties and relevant community groups on the 10 May 2011.

5.2 Three objections from local residents have been received, commenting as follows:

Objection Response

Strong objection to the proposal. It would The proposal would provide for add to the pollution and traffic in a significantly less office significant way. floorspace than the consented Citadel development.

There are many residents who would be This is discussed in paragraphs affected by light pollution from 7.116 – 7.134. The Arup report advertising. We are already affected by demonstrates that provided the the illumination of the Torch. lights are dimmed to appropriate levels there would be no light trespass. However, the proposal would increase the perception of light pollution in the environment.

Do not need any more office buildings The proposal would provide for here; there are already empty office significantly less office buildings in the surroundings. floorspace than the consented Citadel development.

53 The proposal would adversely impact on The proposal would result in an our health and will result in precedence increase in nitrogen dioxide for other development. emissions. This is discussed in detail in paragraphs 7.74 – 7.85.

The use of the building is clearly to The proposed media screen generate advertising revenue, and no- does dominate the west facing one would want to occupy such a elevation. The building will building. legibly appear as an advertising structure.

Do not need any more giant advertising The media screens have been screens – these are distracting and included as part of the dangerous for drivers and cause light description of the application, pollution for residents. and an assessment has been made of these within the assessment.

Any development of this site should The site is located adjacent to provide a clear signal that one is entering the Chiswick Roundabout, a different zone of low to medium which does provide the link from commercial/light industrial properties and the higher level development on residential Victorian properties. the Great West Road to the residential properties on Chiswick High Road/ Wellesley Road. However, it is considered that the site is appropriate for a landmark development. It must be noted that the proposed development is smaller in mass than the consented Citadel development.

The proposed development would appear Agree. The proposed quite alien to and would seriously detract development would adversely from the attractive northern approach to impact on the setting and Chiswick. The bulk would intrude on the people’s enjoyment of the cemetery and would negatively impact on Kensington and Chelsea a large number of residential properties. Cemetery.

Question whether the structure, which is Agree. The proposed primarily an advertising hoarding, is a development would appear world class design. It is not suitable for most legibly as an advertising the site proposed. structure.

Would result in light pollution on people The application has not and wildlife (especially birds and bats). addressed the impact of the proposal on the local wildlife. However, it is accepted that the site is located adjacent to the elevated M4 and the existing

54 site has little biodiversity value.

5.3 At the time of writing, 471 letters of support had been received for the proposal. The letters raise similar issues which can be summarised as follows:

Comments received Response

Support a modern, forward-looking Agree that the building is building. Building would be imaginative. imaginative. However, this in itself does not make it acceptable in this location.

Will bring financial benefits to the area. Agree that the proposal would generate 330 jobs, and this would bring people to the area.

Will regenerate a derelict site. The proposed development would be located on a site which has been vacant for at least ten years.

Will lead to the opening of new retail The application would provide for outlets. a retail showroom at ground floor level. The proposal would bring employment to the local area. This may have further flow on effects to the surrounding area.

Like the idea of a viewing platform. London Plan policies encourage public spaces at high level.

Will provide more employment The proposal would provide for opportunities. office floorspace for up to 330 employees.

Will bring more people to the area. The proposal would provide for up to 330 jobs through the additional office and retail floorspace.

5.4 Transport for London

No objection subject to conditions relating to the operation of the advertising and the provision of information about the electric charging points, the Travel Plan and the provision of Delivery and Servicing Plan and Construction Logistics Plan.

55 The provision of 3 electric charging points is less than the requirement set out in the London Plan parking standards. 12 electric charging points would be required in total.

A condition is requested which would restrict the advertising screens to no moving parts, no sequential advertisements and a minimum 2 minute changeover period. It must be demonstrated that access can be gained to the signs for maintenance and construction purposes.

5.5 Highways Agency

The Highways Agency have provided comment on the basis that advertising consent was granted for the four media screens on appeal. Accordingly, their comments relate to the potential for the shroud to impact on road safety. They have raised concerns that the intensity of the shroud could change rapidly resulting in a distraction affected road safety. A condition has been suggested which would limit the rate of change of the intensity of lighting of the shroud to a maximum of 150 candelas per minute.

5.6 West Chiswick and Gunnersbury Society (WCGS)

The WCGS has objected to the application in principle, stating:

Comments received Response

It is unclear what the main purpose of Agree. The proposed use is for the building would be. offices, but from the exterior the building is not easy to understand and it would be difficult to determine its function.

Contend that the advertising screens The proposal is for planning would create a traffic hazard to permission only. Advertisements vehicles on the M4 and this is the and the impact on public safety main purpose of the building. would have to be considered in an application for advertisement consent although consideration is being given to the location of media screens and shroud on both amenity and highway safety.

The size and design of the building is Agree. The shape of the building out of character with the nature of the is not beneficial or characteristic surrounding area, including the of the surrounding area. surrounding conservation areas.

56 Object to the viewing platform and Disagree. Due to the oblique roof garden, which would be intrusive angle and the distance it is not and invade the privacy of residents. considered that the proposed viewing platform would impact on the privacy of surrounding residents.

Concerned about the risk of local Disagree. The Environment flooding, as the site often Agency have assessed the experiences flooding. application and have no comments or conditions for the proposed development.

5.7 West London Business – Chamber of Commerce

Wish to express support for the application, as feel that the imaginative and creative design would offer a marked improvement to an area which is currently neglected and an eyesore.

The 350 additional jobs will add to Hounslow’s general prosperity. The development would create a memorable design feature in the locality at a point which should be highlighted as an entry point to London. A development such as this would encourage further investment in the area.

5.8 Brentford Community Council (BCC)

The BCC has objected to the application stating:

Comments received Response

The plot ratio is very high; the The proposed development is proposed building is out of proportion smaller in mass than the to the surface area of the site. previously consented Citadel scheme.

Have welcomed the change in The comments are similar to the approach from the previous comments received from CABE. application, where the proposal is for an irregular shaped building with an external shroud. Note that the materials and detailing would be critical to the success or failure of the building.

57 Has welcomed the increase in B1 The proposal would provide for office floorspace, and provision of less B1 office floorspace than the good quality employment floor previously consented Citadel. space.

Object to the large illuminated Agree. The media screens hoardings on the grounds of visual proposed are not considered to amenity. The built form or be acceptable and would be appearance of advertising on such a harmful to the setting of the massive scale are not appropriate Gunnersbury Park Conservation here. Area and surroundings.

Conclude that the building is still too Agree. The west facing media large, and the main west facing screen dominates the western advert spoils what could have been elevation and results in the an interesting and challenging building appearing as a large building. scale advertising structure.

5.9 Heathrow Airport Limited/ BAA Airports

The application does not conflict with safeguarding criteria and therefore have no objection to the proposal.

5.10 Chiswick Police Station

Comments have been received from the Chiswick Police Station, who have previously discussed the proposal with the applicant and they have raised issues regarding security. Consideration needs to be given to prevent unauthorised access beneath the building.

5.11 English Heritage

English Heritage’s Historic Buildings and Areas Adviser has provided comment on the application. This confirms that the position taken in the previous application has not changed.

In the previous application, English Heritage’s Historic Buildings and Areas Adviser stated “ English Heritage is satisfied that the photographs and visually verified photomontages of views towards the application site from Gunnersbury Park Conservation Area and Registered Park; Thorney Hedge, Wellesley Road and Kew Bridge Conservation Areas and the Royal Botanic Gardens Kew World Heritage Site demonstrate that the proposed building – which is smaller in scale and massing than that of the extant permission – will not cause an unacceptable level of harm to the setting of these significant heritage assets ”.

English Heritage’s Archaeology Advisory Service have advised that a previous archaeological evaluation of the site (for a previous planning application) did not identify any significant archaeological remains. English Heritage have therefore advised that archaeology need not be an issue in the determination of the application. 58 5.12 CABE – Design Council

Comments have been received from CABE which state that the proposal is for a more credible building form and that it would achieve a more welcoming presence at ground level than the previously submitted scheme.

The local authority should satisfy itself that the proposal relates well to its surroundings, including the adjacent conservation areas and listed Gunnersbury Park, taking direction from English Heritage.

Conditions would be required to address the establishment and maintenance of planting proposed and the areas of shroud not designated for advertising should be secured for public art.

Further information should be provided on the junctions of the building shape, the detail and appearance of the louvres, and the appearance of the shroud after dark and during low light situations.

5.13 Greater London Authority (GLA)

Comments have been received from the GLA, which advise that the application complies with the London Plan. The GLA have stated that the proposal would draw attention to the locality, and would provide a focal point and sense of identity for a commercial district, providing a notable landmark at the western ‘gateway’ to London.

The GLA have stated that they support the proposed design, and that the proposal would not have any unreasonable detrimental impact on views, including from Metropolitan Open Land, heritage assets and the Kew Gardens World Heritage Site.

The GLA have noted that it is expected that the applicant allocate certain periods of the day for Hounslow Council, GLA and other community based organisations to advertise public messages. This should be delivered through a section 106 agreement.

The Mayor has requested a clause within any section 106 agreement, which would restrict the minimum time period of two minutes for each image before changing to the next image.

5.14 Isleworth and Brentford Area Committee

The application was presented to the members of the Isleworth and Brentford Area Committee (IBAC) on the 21 July 2011. The member’s principal concerns were with the excessive advertising proposed. The potential for the proposal to impact on traffic flows as a result of the retail facility were also questioned.

59 The overall development was described as unpleasant, unfortunate, horrible and looking ‘like a car crash’. Members noted that the previously approved scheme included section 106 monies for environmental improvements and maintenance including the roundabout, and wished to see the same. Concerns were raised about flashing lights, the impacts of advertising on distractions for drivers, and parking and traffic.

The positive impact of bringing business to the site was recognised, and the Sustainable Development Committee should consider the long term plans for this stretch of road. The building would stand out if there were other alternative plans for this area and this needed to be taken into account. The long term vision for the area, aesthetically and in respect of its economic potential needed to be taken into account.

5.15 Chiswick Area Committee

The application was presented to the members of the Chiswick Area Committee (CAC) on the 28 June 2011.

The Chiswick Area Committee members acknowledged that the proposed development would generate employment at the site, and recognised that the scheme was innovative. Members noted that the architectural design was distinctive but they were divided over whether the proposal was compatible with the surrounding area.

Members expressed concerns about the size and scale of the proposed building and the negative impact it would have on residents in the nearby conservation areas, in regards to a sense of enclosure, overlooking and lack of privacy. Concerns were also raised about the LED lighting and potential for light pollution.

6.0 POLICY

NATIONAL AND STRATEGIC PLANNING POLICIES

6.1 The relevant national planning policies are: • PPS1: Delivering Sustainable Development • PPS4: Planning for Sustainable Economic Growth • PPS5: Planning for the Historic Environment • PPG13: Transport • PPG19: Outdoor Advertisement Control • PPS22: Renewable Energy • PPS23: Planning and Pollution Control • PPG24: Planning and Noise

Determining applications for full or outline planning permission

6.2 When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise. 60

The Development Plan

6.3 The Development Plan for the Borough comprises the saved policies in the Council’s Unitary Development Plan (‘UDP’), the Employment Development Plan Document, the Brentford Area Action Plan and the London Plan.

6.4 The London Plan was adopted on 22 July 2011. The UDP was adopted in December 2003 and was amended and saved as of 28 September 2007 by Direction from the Secretary of State.

6.5 The Employment Development Plan Document was adopted on 25 November 2008 and has superseded the Employment Policies contained in UDP Chapter 7 and the following Implementation Policies contained in UDP Chapter 2: IMP.4.1, IMP.4.2, IMP.4.3, and IMP.4.4.

6.6 The Brentford Area Action Plan was adopted on 27 January 2009 and has superseded the following Implementation Policies contained in UDP Chapter 2: IMP.2.1 and IMP.3.1.

The emerging Core Strategy 6.7 On 12 July 2011, the Council's Cabinet approved that the Core Strategy "Preferred Strategy" should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that very limited weight can be given to it at this stage.

The draft National Planning Policy Framework

6.8 The draft National Planning Policy Framework (NPPF) was published for consultation on 25 July 2011. The NPPF is a consultation document and, therefore, potentially subject to amendment. Nonetheless, as emerging policy, the Local Planning Authority (LPA) considers that the NPPF is capable of being a material consideration. As the Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled, the LPA considers that very limited weight can be given to the NPPF at this stage.

Supplementary Planning Documents

Planning Obligations Air Quality These SPDs were adopted on 11/03/08, following public consultation in July and August 2007. The documents form part of the Local Development Framework.

6.9 The Circulars of relevance to this planning application are:

61

• 11/95: Use of Planning Conditions in Planning Permission • 05/05: Planning Obligations

Relevant policies of the London Plan

6.10 The following London Plan policies are of relevance to the applications:

1.1 Delivering the strategic vision and objectives for London 4.1 Developing London’s economy 4.2 Offices 4.4 Managing Industrial Land and Premises 4.6 Support for and enhancement of arts, culture, sport and entertainment provision 4.7 Retail and Town Centre Development 4.12 Improving Opportunities for all 5.2 Minimising Carbon Dioxide Emissions 5.3 Sustainable Design and Construction 5.7 Renewable Energy 5.9 Overheating and Cooling 5.10 Urban Greening 5.13 Sustainable Drainage 6.3 Assessing effects of development on transport capacity 6.9 Cycling 6.10 Walking 6.12 Road Network Capacity 6.13 Parking 7.1 Building London’s Neighbourhoods and Communities 7.4 Local Character 7.6 Architecture 7.7 Location and Design of Tall and Large Buildings 7.8 Heritage Assets and Archaeology 7.10 World Heritage Sites 7.14 Improving Air Quality 7.15 Reducing Noise and Enhancing Soundscapes 8.2 Planning Obligations

62 Relevant policies of the UDP

6.11 The following UDP policies are of relevance to the applications. These policies have been ‘saved’ by the secretary of state to allow for the preparation of new development plans to replace the entire UDP.

Implementation Policies IMP.1.1 Integrating patterns of land use and the provision of transport IMP.1.2 The re-use and recycling of urban land and buildings IMP.6.1 Planning Obligations

Natural Environment Policies ENV-N.1.5 Protection of Metropolitan Open Land ENV-N.1.6 Metropolitan Open Land: Acceptable Uses ENV-N.1.7 Development near the Metropolitan Open Land Boundary ENV-N.1.16 Historic Parks and Gardens ENV-N.2.2 Sites of Regional/Local Nature Conservation ENV-N.2.9 Green Corridors

Built Environment Policies ENV-B.1.1 New development ENV-B.1.2 High Buildings or Structures Affecting Sensitive Areas ENV-B.1.3 High buildings or structures in areas other than those listed in ENV-B.1.2 ENV-B.1.4 Advertisements ENV-B.1.5 Environmental improvements ENV-B.1.9 Safety and security ENV-B.2.2 Conservation Areas ENV-B.2.8 Views and Landmarks

Waterways Policies ENV-W.1.3 Important views and structures in the Thames Policy Area Environmental Protection Policies ENV-P.1.1 Environmental sustainability: environmental impact statements and sustainability checklist ENV-P.1.3 Surface water run off ENV-P.1.4 Waste water management ENV-P.1.5 Noise pollution ENV-P.1.6 Air pollution ENV-P.1.7 Light pollution ENV-P.2.1 Waste management ENV-P.2.4 Recycling facilities in new developments

63

Transport Policies T.1.2 The movement implications of development T.1.4 Car and cycle parking and servicing facilities for developments T.2.1 Pedestrian access T.2.2 Pedestrian safety and security T.2.3 Strategic and local cycle networks T.2.4 Public transport infrastructure T.2.6 Safety of public transport T.3.1 Improvements sensitive to particular users T.4.2 Oppose overall increases in highway capacity for private vehicle and seeks reduction in traffic levels T.4.3 Traffic implications of new development T.4.4 Road safety T.5.1 Air quality implications of traffic T.5.2 Reducing traffic nuisance in residential areas T.5.3 Vehicle crossovers and hardstandings

Local Development Scheme

6.12 The Local Development Scheme (LDS) is a project plan for the production of the Borough’s Local Development Framework (LDF) 6. To date, the Council has produced the Employment Development Plan Document (EDPD) that was adopted on 25 November 2008.

6.13 The purpose of the Employment Development Plan Document is to plan the future use of land for employment, including industrial and commercial uses in the London Borough of Hounslow. This is achieved through directing new employment development to appropriate locations and the management protection and release of industrial and commercial land and buildings.

6.14 There is significant emphasis on the Brentford area in this document due to the significant market pressure for change in the Brentford area, especially in terms of employment land.

6.15 The Brentford Area Action Plan (BAAP) sets out a spatial strategy for the continued regenerated of the Brentford area. It sets out a vision for the future of the area. The vision for the Areas Action Plan reflects the vision and objectives of development policies.

Employment Development Plan Document

6.16 Relevant Employment DPD policies are:

E2 Locations for Employment – New employment floorspace with a high employment density and/or which attracts a high number of visits will be directed to sustainable locations, which includes town centers. In consideration of locations for employment, the Council will assess the impacts on the environment, economy, community and transport network and

6 It outlines what planning documents the Council is proposing to produce and when. 64 ensure there is no harm on surrounding uses including nature conservation areas. E3 Local Employment Opportunities – The policy seeks to enhance local employment opportunities fore residents through upskilling the population and retaining business in the Borough. E4 Diversity in Employment – Diversity will be encouraged through promoting small and medium sized enterprises in growth sectors. EP1 Location of New Office -Based Employment – proposals for new office floor space will be directed to town centres unless the proposed floorspace is limited in scale. Where the floorspace exceeds the limitations outside town centres it will need to be demonstrated that there are no sites available in the town centres, followed by edge of centre locations, that there is a demonstrated need and that the site is accessible by sustainable modes of transport.

Brentford Area Action Plan

6.17 Relevant BAAP policies are:

BAAP1 Sus tainable Development – Developers of all major developments should deliver developments that take account of the wishes of the community, based upon local economic, social, physical and environmental needs and in so doing, strengthen community cohesion and facilitate social inclusion. BAAP2 Urban Design – High quality redevelopment of all proposal sites will be required in order to enrich existing areas of distinctive local character, rejuvenate those areas that lack a positive identity, and improve the overall quality of Brentford’s urban form. BAAP4 The Great West Road – The economic, social or environmental contribution that development makes to enhancing the role of the Great West Road as London’s primary ‘gateway’ from the West. All development should be designed to the highest quality, maximizing opportunities offered by the high profile road corridor to ‘showcase’ innovation and sustainable design and construction. BAAP7 Delivering Sustainable Access – All major developments will need to contribute to the delivery of sustainable access through a package of measures that promote sustainable movement and restrain the use of the car.

6.18 The site is within Character Area 14 (Capital Interchange) within the BAAP Appendix 2. This contains the subject site, B and Q and the light Industrial development surrounding Capital Interchange Way.

65 Supplementary Planning Guidance

6.19 Accessible London: Achieving an Inclusive Environment (April 2004) (London Plan Supplementary Planning Guidance)

6.20 Sustainable Design and Construction (May 2006) (London Plan Supplementary Planning Guidance)

6.21 Supplementary Planning Guidance UDP (1997) – includes Section 7 – Conservation Areas

6.22 Supplementary Planning Document – Air Quality (2008)

6.23 Wellesley Road Designation Document

6.24 Kew Bridge Road Designation Document

6.25 Conservation Area Appraisals (2006)

6.26 Thames Landscape Strategy

6.27 Planning Obligations – March 2008

Other relevant documents

6.28 Green light to clean power: The Mayor’s Energy Strategy (February 2004)

6.29 Cycle Parking Standards, TfL Proposed Guidelines

6.30 Kew World Heritage Site draft Management Document (2011)

6.31 Ministerial Statement – Planning for Growth – Greg Clark (23 March 2011)

6.32 Large Digital Screens in Public Spaces – CABE & English Heritage (2006)

6.33 Guidance on Tall Buildings – CABE (2007)

6.34 The setting of Heritage Assets – English Heritage – Consultation Draft

6.35 Artificial Light in the Environment – The Royal Commission on Environmental Pollution (2009)

6.36 Guidance Notes for the Reduction of Obtrusive Light - The Institution of Lighting Engineers (2005)

66 7.0 PLANNING ISSUES

7.1 The main planning issues to consider are:

1. The principle of development;

a. The proposed uses;

b. The impact on the local economy and employment.

c. Advertising

2. Design and Appearance

a. Is the proposed development acceptable in this location in regards to form and composition?

3. Would the proposed development improve the legibility of an area?

a. Would the development visually relate to its surroundings?

b. Would the development improve the skyline of London?

4. Would the proposal result in light pollution?

5. The impact of the development on the surrounding heritage assets.

6. The impact of the proposal on neighbouring properties;

7. The impact of the development on highways, transport and access;

8. Are sustainable building principles applied?

9. Planning obligations.

The principle of development

7.2 The application proposes redevelopment of the site with an office building, an ancillary retail area and a basement carpark with a viewing platform on the ninth floor. The building would also incorporate media screens and an active shroud. The site has been previously developed with commercial buildings, but has been vacant for more than ten years.

7.3 Government Policy in the form of PPS1 seeks sustainable economic growth, in an integrated way that delivers high levels of employment whilst achieving sustainable outcomes for communities and the environment. PPS1 states that key objectives should include ensuring that developments:

• Are sustainable, durable and adaptable and make efficient and prudent use of resources;

• Optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses and support local facilities and transport networks; 67 • Respond to their local context and create or reinforce local distinctiveness;

• Create safe and accessible environments where crime and disorder or fear of crime does not undermine quality of life or community cohesion;

• Address the needs of all in society and are accessible, usable and easy to understand by them; and

• Are visually attractive as a result of good architecture and appropriate landscaping 7.

7.4 PPS4 (Planning for Sustainable Growth) sets out planning policies for economic development. Economic development includes development within the B use classes, public and community uses and main town centre uses. Accordingly, these policies need to be applied to the B1 office floor space and A1 retail showroom as these fall within the definition of economic development.

7.5 Policy EC10 of PPS4 states that all planning applications for economic development should be assessed against whether the proposal has limited carbon dioxide emissions for the lifetime of the development, the accessibility of the proposal, whether the proposal secures a high quality and inclusive design and takes opportunities available for improving the character and quality of the area and the way it functions, the impact on economic and physical regeneration in the area and the impact on local employment.

7.6 The London Plan was adopted in 2011 and provides policies in regards to high quality development, tall buildings and architecture as well as policies in regards to climate change and air quality. Policies encourage high quality design, positive relationships at streets level and development that is informed by the surrounding historic environment, complementing the local architectural character.

7.7 Policy ENV-B.1.1 provides that development will be considered having regard to context, form and layout of the buildings and spaces. New development should relate well to its site, scale, nature, height, massing, character and use of adjacent townscape and respect the proportions of existing neighbouring buildings. The townscape value of an area should be enhanced through good urban design and new development should use durable and high quality materials that relate to the surroundings. Landscaping and boundary treatment is an integral part of the design; proposals should be fully accessible and should incorporate energy efficiency measures.

7 Planning Policy Statement 1, Paragraph 36 68 7.8 The Brentford Area Action Plan (BAAP) was adopted in January 2009 and provides guidance for the development and regeneration of the Brentford Area. The objectives of the BAAP include the promotion of sustainable development and regeneration of Brentford, and the redevelopment of previously developed sites. Emphasis is also placed on the promotion of the Great West Road as a vibrant gateway, and high quality design of proposals.

Proposed Uses

7.9 The Employment Development Plan Document (EDPD) within E2 requires proposals for high-trip generating uses or a high employment density to be located within the town centres, to ensure that development outside of town centres is limited and that development is directed to sustainable locations.

7.10 The site is not allocated for a specific use within either the BAAP or the EDPD, and is currently vacant. The site is categorised as previously developed land, as it previously contained a bank and cafe that were demolished in 1998.

7.11 Planning permission was granted in May 2002 for an office development at the site, and this permission remains valid as it was implemented in 2008. This development is known as ‘The Citadel’, and is for a 59m high building, with office floor space of 19,750 sq. m.

7.12 As the Citadel office development has been implemented, it is necessary to consider this as a material consideration to this application. The proposal is for B1 office floor space measuring 6,407 sq. m. (including basement) and a ground floor retail showroom measuring 199 sq. m. It is considered that the principle of B1 office floor space of the size proposed has therefore been established and accepted in the previous application that was approved in 2002, subject to the detailed impact assessments below.

7.13 The retail showroom would have a floor area of 199 sq. m, and an A1 use class is sought. The proposed retail floor area has been amended to be less than 200sq.m. This negates the need for a full sequential assessment as per PPS4, and accordingly the retail floorspace is acceptable in principle in this location.

7.14 If planning permission was to be granted, a condition would be necessary to remove permitted development rights for a later addition of a mezzanine floor within the retail space.

Impact of local economy and employment

7.15 The Ministerial Statement ‘Planning for Growth’ emphasises the priority of the Government to promote sustainable economic growth and jobs, and the role of local authorities in driving and supporting growth. Benefits to the economy should be an important consideration in planning applications.

69 7.16 Although the National Planning Policy Framework (NPPF) is still considered to be emerging policy, this places importance on growth and states that investment in business should not be over-burdened by planning policy expectations. In determining development proposals, Local Planning Authorities should apply the presumption in favour of sustainable development 8.

7.17 In respect of employment the Economic Assessment provided with the application details that the proposal would provide for up to 330 employees within the B1 office floorspace, and up to another 16 jobs in the retail showroom 9.

7.18 During construction it is proposed to provide opportunities for workplace training for local apprentices wherever this can be provided. An obligation in this regard would be taken in accordance with the relevant Supplementary Planning Guidance for employment in a section 106 agreement, if permission was to be granted.

7.19 The site, which is identified as previously developed land, has been vacant for more than ten years and is a visually prominent site within the Borough. The redevelopment of the site, and removal of the existing advertising, would assist in the regeneration of the locality, providing higher grade office space and a retail unit at ground floor level. A Retail Impact Assessment was not provided, given the size of the retail floorspace which is less that 200sq.m.

7.20 It is noted that 453 letters of support have been received, including a number from local businesses. One of the main reasons for supporting the proposal was the creation of jobs that the proposal would bring and the benefits for local businesses as a flow on effect.

7.21 The redevelopment of the site and the creation of additional jobs would be a positive effect of the proposed development. However, this needs to be balanced with the other impacts of the proposal, including sustainability, transport impacts and design and appearance.

Media Screens

7.22 The application as applied for includes the four media screens that were considered within the advertisement appeal for the site (00505/EY/AD9) and which are currently under challenge at the High Court.

7.23 The planning application includes the office and retail floorspace, and a shroud. Four media screens are part of the application, and the high level media screen forms part of the exterior shroud. The remaining three media screens are located at ground level on each corner of the legs.

8 Draft National Planning Policy Framework, Paragraph 63. 9 Economic Impact Assessment, April 2011, Page 8 70 7.24 As the advertisement appeal decision, which was allowed, is being challenged, and the amenity impacts of the media screens were not considered in the appeal (amongst other things) it is considered appropriate for the assessment below to include the impacts of the media screens and shroud on amenity, and public safety. The media screens and shroud are an integral part of the application, and therefore any assessment on the appearance of the overall development must include an assessment of these elements.

Conclusion

7.25 It is considered that the redevelopment of the site is acceptable, given the extant permission for a larger office building and the vacant nature of the site. The site is in a very high profile position on the Great West Road, and has been vacant and derelict for a number of years with illuminated advertising hoardings surrounding it at ground level.

7.26 The redevelopment of the site has the potential to provide for additional office accommodation for the local area, with additional employment whilst assisting in the regeneration of the area. Accordingly, the proposed office floor space and retail showroom uses are considered to be acceptable in principle, subject to a further detailed assessment of the impacts of the proposal.

Design and Appearance of the proposal

Policy Context

7.27 PPS1 emphasises design which fails to take opportunities available for improving the character and quality of an area or that is inappropriate in its context should not be accepted. PPS1 also states ‘Local planning authorities should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness particularly where this is supported by clear plan policies or supplementary planning documents on design 10 ’.

7.28 Policy 7.7 of the London Plan relates to tall buildings, and considers tall buildings as those that are substantially taller than their surroundings or which are larger than the threshold sizes set for the referral of planning applications to the Mayor. The application was referred to the Mayor, as the height of the building exceeds 30m at 49.7m above ground level.

10 Planning Policy Statement 1 – Paragraph 38 71 7.29 Policy 7.7 states that tall buildings should only be considered in areas whose character would not be affected by the scale, mass or bulk and where the building would relate well to the form, proportion, composition, scale and character of surrounding buildings, urban grain and public realm. Tall buildings should enhance the skyline and image of London, incorporating the highest standards of architecture and materials, incorporating publicly accessible areas on the upper floors where appropriate. Tall buildings in sensitive locations should be given particular consideration, including conservation areas, listed buildings, registered parks, Metropolitan Open Land and World Heritage Sites.

7.30 Policy ENV-B.1.1 of the UDP promotes high quality design that enhances the overall environmental quality and townscape. Section 1.0 of the UDP Supplementary Planning Guidance (SPG) states that the design and layout of proposed developments must enable them to be compatible with, and make a positive contribution to the character of that locality. New buildings must relate satisfactorily to adjoining and neighbouring buildings and spaces. The scale, massing, siting, size and height of these buildings should be respected by new development, although this need not exclude original innovative design.

7.31 Policy ENV-B.1.2 (High buildings or structures affecting sensitive areas) of the UDP states that planning permission will normally be refused for the erection of buildings or other structures which significantly exceed the height of their surroundings in or where it would result in significant harm to Metropolitan Open Land, residential areas, Conservation Areas, local parks, sites of nature conservation importance and other open spaces and the setting of listed buildings.

7.32 Policy ENV-B.1.4 (Advertisements) states that all advertisements are to be of a size, design, scale and degree of illumination that is compatible with the surrounding area. Advertisements will not be granted if they would adversely affect the visual amenity of the area, and advertisements will not normally be permitted in sensitive locations such as areas of high townscape, architectural or historical value and residential areas. As above, the application is for planning permission only, however the application includes the four media screens.

7.33 Policy ENV-B.2.2 (Conservation Areas) states that the Council will preserve and enhance the character or appearance of existing conservation areas by ensuring that development affecting the conservation area preserves and enhances the character and appearance of the conservation area, any development should respect the character of the existing architecture in scale, design and materials.

7.34 Gunnersbury Park and the Kensington Cemetery are designated as Metropolitan Open Land (MOL) within the Unitary Development Plan. Policy ENV-N.1.5 (Protection of MOL) recognises Gunnersbury Park as being an MOL and states that the main features of this area are an historic house with large formal gardens and lakes, extensive areas of recreational open space, a museum and cemetery. Policy ENV-N.1.7 (Development Near the MOL Boundary) states that any development proposal in areas near the 72 MOL boundary and conspicuous from within it must be designed so that it does not detract from the open aspect or visual amenities of the MOL. Particular attention needs to be paid to building, siting, materials, height, design and landscaping sympathetic to MOL. Policy ENV-N.1.16 (Historic Parks and Gardens) states that development will not normally be permitted which would adversely affect the site, setting or views to and form historic parks and gardens. Gunnersbury Park is identified as a Historic Park and Garden.

7.35 Objective 4 of the BAAP is to ensure that the design of new developments will protect and enhance Brentford’s local distinctiveness, requiring new development to capitalise on the area’s historic, cultural and natural assets. Objective 8 states that good quality urban design should embrace innovation and sustainability.

7.36 The Design and Access Statement states that the primary use of the building would be offices, and that “of fundamental importance to the design concept is the objective to fully exploit the potential of the site, and also to produce an outstanding piece of modern architecture. Taking all of this into account, the concept has been developed to reflect the separate above and below-motorway level environments.” 11

7.37 The statement goes on to state “given the incidence of two distinct physical zones, the design had to respond to these two characters:

- The above motorway level required a large, bold silhouette comprising a single form.

- Below the motorway detailing of a smaller, more human scale was appropriate.

7.38 Added to this is the site’s island nature, which allows any development to be viewed on all sides. There is no definitive front or back, and the relationship with the adjoining roads provides a strong sense of dynamism and constant, multi-directional movement.” 12

7.39 The Heritage Assessment with the application states that “ the scheme is a landmark gateway opportunity on a key route into London on a busy interchange. It is a catalyst to the regeneration of the local centre and it provides a high quality identity to the Brentford Regeneration Area ”. 13

11 Design and Access Statement, April 2011, Make Architects, Page 19 12 Design and Access Statement, April 2011, Make Architects, Page 19 13 Heritage Statement, April 2011, Heritage Collective LLP, Page 6, para. 1.3 73

Figure: View of proposed development looking across Chiswick Roundabout

Is the proposed development acceptable in this location in regards to form and composition?

7.40 The proposed development is most simply described as a glazed office accommodation building with a secondary and off-set skin, on an isolated, roughly triangular and road-bound site. The office accommodation building is effectively consented in principle by the commenced office scheme, although the profile and detailed design is different.

7.41 The primary part of the building is accommodated within a multi-facetted series of shapes creating an asymmetric three dimensional prism which attenuates towards the top. The attenuation reduces the impact on the skyline much more than would a traditional building shape.

7.42 As well as the smaller facetted shapes, large areas on east and west facing elevations are flattened into very large planes which affect what could otherwise be a more legibly symmetrical, organic overall shape (cone).

7.43 The accommodation building emerges from within an apparently random fringe of ancillary accommodation in varying shapes; this includes shard-like features of up to the equivalent of 2-3 storeys. The approach to the building is between these shapes. Some of these areas and many of the surfaces of the fringe are designed to incorporate “wall” planting.

7.44 The strange shape of the main building derives not from necessity but in order to create a closer relationship with the set-off skin. This is wrapped around some 60-70% of the outer building, excluding a roughly oval shape facing north.

74 7.45 The secondary outer skin is designed to assist solar control of the building; this is of more benefit because many of the tilted facets of the accommodation building are more in need of solar shading than usual. This secondary surface comprises panels of louvres, held off the glazed building face with an internal access corridor of 1.65m in width. The panels are held by a framework of connecting struts, and together produce a second set of facetted planes. The structure also supports or would be supported by a series of maintenance walkways at each floor level. The additional information provided shows the louvres supported by vertical structures, spread evenly across the elevation. The louvres would have the same external appearance on the artistic shroud, as they would on the high level media screen.

7.46 These slatted panels partially disguise the glazed building behind. Each 175mm deep louvre (which could be also described as a blade, slat or fin) is a tapered aerofoil shape in section, from a maximum height of 70mm on the outside face to around 20mm on the inside, with a gap between each louvre of about 100mm and therefore providing about 35% coverage. It is understood that whilst the panels are at varying angles, the louvres would be orientated to 10 degrees below the horizon. The thick front face of the louvres are light holders to incorporate 3 rows of LED each.

7.47 As a result of horizontal positioning, the lines of LED lights will appear closer or further apart according to how much off-vertical the mounting planes and/or angles of view will be. If the angle of view is more than 40 degrees there will be no gap and the surface will be fully covered by the blades as with a closed venetian blind. This means that the lighting towards the top of the building (and at the bottom) will appear more concentrated than elsewhere, even if the concentration is reduced beneath that of the media screens.

7.48 The purpose of the louvres is therefore primarily to contain rows of LEDs; one of the flattened planes is designed to contain much brighter lights for the media screen. The remaining lights are intended to create a skin of lighting which can vary in colour and design; all are to be lit 24 hours a day.

7.49 The result is a building designed to be hugely noticeable, which would be dominated by the high level west facing media screen. The media screen would measure 18.7m in width by 19m in height and would cover approximately 75% of the west facing elevation of the building above the ground floor legs.

7.50 The need for a large flat panel of this size for the high level media screen has dictated the shape of the building and prevents it from being a more symmetrical or organic shape. Further, the high level media screen undermines the credibility of the landmark, and harms the overall appearance of the building due to the dominant impact it has on the west facing elevation. It is noted that the east facing elevation is similar, although would not include a media screen in this application.

75 7.51 The media screens would not change more than once every two minutes, however the shroud would also move and change colour. The guidance provided by English Heritage and CABE titled ‘Large Digital Screens in Public Spaces’ relates to the provision of digital screens in public spaces for public screening and events. However, similar principles can be applied to this application.

7.52 The document recognised that digital displays can have a disproportionate impact on public space, because moving images draw the eye the same way as a television does in an indoor space. This can be detrimental to the character, amenity and existing uses of public spaces if they are not thoughtfully located and controlled. They may be distracting in a location generally designed or used for passive enjoyment, or where other landmark features are already in place 14 .

7.53 It is recognised that the screen would not contain moving images, however it is considered that the change from one image to the next would have a similar impact in drawing people’s attention.

7.54 It is not considered that a condition could overcome the harm identified as a result of the high level media screen. However, conditions will be suggested throughout the report where appropriate if the media screens were not included within the application.

7.55 Whilst the mass and size of the building are generally acceptable, it is the inclusion of the high level media screen that is considered to be harmful to the amenity of the area and which undermines the quality of the overall development. The building is not considered to accord with BAAP policies which require a high quality design to enrich areas of distinctive local character, rejuvenate areas that lack a positive identity and improve the overall quality of Brentford’s urban form.

7.56 It is accepted that National Policies state that innovation should not be stifled, and the proposal is of a distinctive and innovative design. However, the high level media screen is considered harmful to the overall appearance of the development and the overall quality of the building.

Materials

7.57 The application is for lighting of the shroud and the media screen 24 hours a day. The LED lights would sit within a shroud composed of horizontal louvres, held together by vertical struts. Each LED pixel would have a small cone to control upwards light distribution. The louvre itself would be silver anodised aluminium, however the front of the louvre would have a dark surface as is required to further control light distribution.

7.58 The result would be a building with a very unusual overall bulk and mass, with an outer skin that has a heavy appearance. The following figure is from the Design and Access Statement, and shows the horizontal appearance of each of the louvres that would cover the shroud of the building with the triangular frame beyond.

14 Guidance of Large Digital Screens in Public Places, English Heritage and CABE (2006), Page 6 76

7.59 Figure: Showing the internal office accommodation and external shroud from Page 37, Design and Access Statement (April 2011)

7.60 Policy ENV-P.1.7 (Light Pollution) requires the consideration of the appearance of the installation when the lighting is switched off. It is considered that during daylight the building has the potential to have a heavy, industrial type appearance, dominated by the appearance of the horizontal louvres, with the vertical support structure behind. The louvres are dark coloured, and oriented to 10 degrees below the horizon.

7.61 From the footpath immediately adjacent to the site the louvres would not necessarily be immediately visible, due to the angular landscaped fragments, which would rise up to 21m above ground level, that will provide screening for pedestrians in this location. However, there would be clear views of the upper levels of the structure from other points on the roundabout, along Gunnersbury Avenue, and for motorists at the elevated M4 level. The structure would be approximately 25m to the north of the elevated M4 carriageway 15 .

7.62 The site is in a very prominent location, and the proposed building would be viewed by a large number of through travellers (at the elevated M4 level), as well as users at ground level. As a result of the site being an island, effectively all sides of the building would be visible from the surrounding roads and footpaths.

7.63 The comments received from CABE - Design Council (20 July 2011) state:

15 Evidence – Dr T.C . Lansdown, Advertisement appeal 00505/EY/AD9, paragraph 15 77 ‘We think that the site warrants a distinctive signpost to mark the meeting of the north and south circular roads and a key gateway into the Capital. The compelling idea of commercial office building and advertising in a sculptural form could create a memorable west London landmark. The tensions between these two potentially competing interests are more convincingly resolved in this new planning submission. It proposes a more credible building form and achieves a more welcoming presence at ground level than the previously submitted scheme. However, the local authority should satisfy itself as to the impact of this highly visible structure on its surrounds, both during the day and at night. The design team should provide sufficient detail on the system of louvres proposed at this stage to give the local authority the assurance that the quality suggested of this multi-faceted structure in the submitted visualisations will be achieved in the scheme as built’.

7.64 The comments provided by CABE recognise the importance of considering the exterior appearance of the development during daylight, and the overall appearance of the shroud. If permission was to be approved, a condition would be necessary that requires the submission of details for the materials, including detailing of the shroud and the structural support system. The submission of further details would ensure that the materials and form of the development were as shown within the Computer Generated Images within the Design and Access Statement for the application.

Is it acceptable to cover the entire building in LED lighting? Is the development acceptable in terms of air quality?

7.65 Policies within the London Plan and National Guidance in the form of planning policy statements and the draft NPPF encourage proposals to be more energy efficient and reduce the overall demand for energy.

7.66 Policy 7.6 (Architecture) of the London plan states that buildings and structures should incorporate best practice in resource management and climate change mitigation and adaptation. Paragraph 7.22 states that lighting of, and on, buildings should be energy efficient and appropriate for the physical context. Paragraph 7.24 states that new buildings should achieve the highest standards of environmental, social and economic sustainability by meeting the standards of sustainable design and construction in Chapter 5.

7.67 Lighting only when needed reduces energy use, reduces maintenance costs and reduces the overall impact of light pollution on cities and the night sky. The site is located in an environment where there are a number of office buildings which are lit, or partially lit during the evening however this is generally internal or backlighting of the office floorspace.

78 7.68 It is recognised that the site has an extant permission for an office building, and that a high proportion of the exterior of the building was glass. Accordingly, there would be some lighting of the building visible at night. The proposed building in comparison proposes exterior lighting on the shroud, from LED lighting, with four media screens. The energy demand from the shroud (including the shroud and the media screen) would account for 41% of the building’s overall energy needs.

7.69 Planning Policy Statement 1 (PPS1) states that ‘local authorities should promote resource and energy efficient buildings; community heating schemes, the use of combined heat and power, small scale renewable and low carbon energy schemes in developments; the sustainable use of water resources; and the use of sustainable drainage systems in the management of run-off’ .

7.70 This is also included within the draft National Planning Policy Framework (NPPF), which states that the planning system should aim to secure radical reductions in greenhouse gas emissions. The draft policy states ‘Local planning authorities should not refuse planning permission for well-designed buildings or infrastructure which promote high levels of sustainability because of concerns about incompatibility with an existing townscape unless the concern relates to a designated heritage asset and the impact would cause material harm to the asset or its setting, and this harm is not outweighed by the proposal’s wider social, economic and environmental benefits 16 . Accordingly, if the building was a sustainability exemplar, then further consideration may be given towards looking at the proposal favourably.

7.71 The London Plan states that new buildings should achieve the highest standards of environmental, social and economic sustainability by meeting the standards of Sustainable Design and Construction (Paragraph 7.24, Policy 7.6, London Plan). Policy 7.6 (Architecture) of the London Plan states that buildings and structure should comprise of details and materials that complement the local architectural character. Paragraph 7.22 states that lighting of, and on, buildings should be energy efficient and appropriate for the physical context.

7.72 The Supplementary Planning Guidance for the London Plan – the Mayor’s Sustainable Design and Construction states at Policy 2.3.2 (Energy) that wherever on site outdoor lighting is proposed as part of a development it should be energy efficient, minimising light lost to the sky. This is an essential standard. The Mayor’s Preferred Standard is that wherever outdoor lighting is proposed on site, it should be solar powered and minimise light lost to the sky 17 .

16 Draft National Planning Policy Framework (2011), paragraph 151 17 The Mayor’s Sustainable Design and Construction Supplementary Planning Guidance, Policy 2.3.2, Pg 32 79 7.73 The proposal is for an office building with a retail showroom, which would be surrounded by an ‘active’ shroud and four media screens, which would be lit by LED lighting 24 hours a day. An Energy Assessment has been provided with the application. This demonstrates that 41% of the buildings energy demand would be generated by the LED lighting and shroud (lighting energy needs/total energy) 18 . It is noted however that this has taken into account the shroud being turned off for 165 days of the year, and the high level media screen being turned off for five days a year. The application does not strictly specify that this will occur. Accordingly, if the shroud was to be on for a longer period, or the entire year, the energy needs would be even greater than the figures provided within the energy statement.

7.74 Accordingly, a development which is lit for a 24 hour period each day, or even for a lesser period as stated in the energy statement and which is covered in LED lighting is not considered to accord with policies that promote energy efficiency and lighting only when needed. Whilst the energy would be generated from the biodiesel boiler, this does not necessarily justify lighting throughout the night and a high energy demand.

Air Quality

7.75 It is proposed to use a Combined Cooling Heat and Power (CCHP) engine, run on fuel produced from waste cooking oils. The applicant has noted that the waste oil would have otherwise have gone to the landfill. However, as a result of the building being covered by an LED shroud the lighting generates demand for almost half of the building’s total energy demand. This would result in some by-product of nitrogen dioxide to the air through the combustion process.

7.76 It is recognised that the building’s energy needs would be generated on-site through the CCHP plant and engine. However, this does not in itself justify the high energy usage. In addition, the use of biodiesel would result in the release of nitrogen dioxide, a greenhouse gas. National policies aim to reduce overall energy use, and secure radical reductions in greenhouse gas emissions. The release of nitrogen dioxide, particularly in an area where air quality is already very poor, prevents the building from being a sustainability exemplar, and is contrary to national policies.

7.77 Policy 7.14 of the London plan states that development proposals should be at least air quality neutral and not lead to further deterioration of existing poor air quality, such as those designated as Air Quality Management Areas (AQMAs). Where the development requires a detailed air quality assessment and biomass boilers are included, the assessment should forecast pollutant concentrations.

18 Energy Strategy, Metropolis Green (April 2011), Page 9 80 7.78 The use of biodiesel results in the generation of some by product of nitrogen dioxide through the combustion of fuel. This results in additional air pollution, in an area where air pollution is already very poor. Nitrogen dioxide is a greenhouse gas. Air quality neutral is defined in the London Plan as ‘best available techniques to be applied to minimise pollutant emissions’ . The Council’s Environmental Strategy team have reviewed the proposal and do not consider that the biodiesel boiler would be the best available technique to minimise pollutant emissions. The biodiesel boiler, as a result of combustion, would result in nitrogen dioxide emissions.

7.79 The applicant states that this would be negligible and therefore within the range of existing air quality variations. However, the Council’s Environmental Strategy Team do not consider the increase in concentrations as being negligible given the already very poor air quality in the immediate location.

7.80 The application has provided dispersion modelling that shows that the incremental change in the maximum annual mean nitrogen dioxide level at ground level would be 0.03 microgrammes per cubic metre. The existing levels at the site are approximately 55-60 microgrammes per cubic metre. The site is located within an Air Quality Management Area (AQMA) and accordingly air quality in the area is already very poor. The annual mean NO2 objective of 40 microgrammes per cubic metre is therefore already exceeded at the site. Accordingly, the additional 0.05% of nitrogen dioxide is not considered to be acceptable.

7.81 If the active shroud and media panel were removed from the building, the proposed use would generate 41% less demand for energy.

7.82 Then it would potentially be possible for the building to generate the majority or all of its energy needs from more sustainable, renewable energy sources, such as photovoltaic panels or air source heat pumps. These forms of energy generation do not result in combustion and therefore the proposal would not worsen air quality.

7.83 No mitigation of the emission target has been proposed. The Supplementary Planning Document states that the Council has published a separate SPD on Air Quality. Every development that has the potential to emit pollution should require mitigation or off-setting to help achieve an overall reduction in Hounslow’s air pollution.

7.84 Whilst it is appreciated that the concentrations of the emissions may be low, there would still be emissions produced from the development which would worsen air quality in an already poor air quality area. Accordingly, it is not considered that the proposal is air quality neutral and the proposal is therefore contrary to Policy 7.14 of the London Plan.

81 7.85 Accordingly, it is considered that the principle of an LED shroud which is on 24 hours a day is not acceptable. There is no justification for the proposal to generate the need for such high energy requirements and there is no justification for the entire building to be illuminated. This is contrary to London Plan policies and National Policy Guidance which aim to encourage and promote sustainable development and a significant reduction in the emissions of greenhouse gases. The site is extremely prominent and the lit nature of the proposal would not represent energy efficiency or a sustainable use of resources. The proposal development is therefore not considered to be a sustainability exemplar.

7.86 If the high level media screen was removed from the application and the proposal was for the building and the illuminated shroud, there would be a reduction in the demand for energy, however photovoltaic panels would not be able to be utilised given the exterior materials which require the louvre system to facilitate the LED lighting. The illuminated shroud would also generate a high demand for energy, and would also be inconsistent with policies regarding energy efficiency.

7.87 Notwithstanding our concerns with the high level media screen and shroud, from a sustainability perspective a condition could be imposed which required all media screens and the shroud to be turned off each night between 11pm and 6am. This would be more in line with energy efficient policies in that the development would not be lit throughout the night. This is in accordance with best practice for lighting design schemes.

Would the proposed development improve the legibility of the area? Would the development visually relate to its surroundings? Would it improve the skyline of London?

7.88 The site is located in an area of the borough which is seen by a very large number of through travellers. The form and distinctive nature of the proposed building and advert mean that the structure is likely to be well known and would become a landmark in this location.

7.89 Policy 7.7d of the London Plan states that ‘ tall and large buildings should individually or as a group, improve the legibility of an area, by emphasising a point of civic or visual significance where appropriate, and enhance the skyline and image of London’ .

7.90 Policy 7.4 (Local Character) of the London Plan states that buildings should provide a high quality design response that is informed by the surrounding historic environment, and is human in scale, ensuring buildings create a positive relationship with street level activity and people feel comfortable with their surroundings. Paragraph 7.13 states that ‘based on an understanding of the character of a place, new development should help residents and visitors understand where a place has come from, where it is now and where it is going. It should reflect the function of the place both locally and as part of a complex urban city region, and the physical, economic, environmental and social forces that have shaped it over time and are likely to influence it in the future’.

82 7.91 Policy 7.5 (Public Realm) of the London Plan states that ‘development should make the public realm comprehensive at a human scale, using gateways, focal points and landmarks as appropriate to help people find their way’ .

7.92 It is stated within the Townscape Assessment Report provided with the application that ‘to the pedestrian in this immediate area, the environs of the site offer little of visual interest or of any quality. One’s experience is dominated by the flyover and the ever-present traffic’ 19 . It is agreed that this is the case. However, the site has been vacant for a number of years, and it has been an aspiration for the site to be developed in an appropriate manner.

7.93 The Townscape Assessment provided with the application provides an assessment of the effect of the proposal on the metropolitan setting 20 . This states that ‘in this case there is every reason to think of this as an appropriate site for a landmark, to mark the significant road intersection, and to provide a positive contrast to the banality of the various postwar commercial buildings that catch the eye as one travels along the M4’ .

7.94 The Townscape Assessment goes on to state that in regards to Policy 7.7 of the London Plan that ‘ the road intersection between M4 and North Circular is a point of civic significance in respect of London’s road network which the building marks individually; and the eastern termination of the Golden Mile and of the elevated road is of visual significance, which the building marks as the last of a linear group of buildings, which would be perceived and remembered as a group by those who use the road’.

7.95 The Townscape Assessment is concluded with the statements ‘It is simply the physical presence of these buildings, stretched out in a highly visible linear pattern, which is of note. It is apparent that the proposed development is architecturally ambitious, in a way that most of these other buildings are not’.

7.96 It is considered that the extant Citadel development would have also provided a form of landmark, part of the linear pattern that is referenced above. The proposed development does not differ in that regard. However, the proposed development would be dominated by the high level media screen on the west facing elevation and this is considered to adversely impact on the overall appearance of the proposed building and the credibility of the development as an iconic building.

7.97 CABE have stated that ‘we think that this site warrants a distinctive signpost to mark the meeting of the north and south circular roads and a key gateway into the Capital’ 21 .

19 Townscape Report, Peter Stewart Consultancy, Paragraph 2.3, Page 3 (April 2011) 20 Townscape Assessment Report, Peter Stewart Consultancy, Paragraph 3.24 – 3.28 21 CABE (Design Council), response to London Borough of Hounslow, dated 20 July 2011 83 7.98 The proposed building is highly unusual and would be very distinctive. It would therefore form a landmark, whether the viewer likes the design of the building or not. The building is of a very distinctive and innovative design, and policies state that innovation should not be stifled through seeking development to confirm to certain forms or styles. However, the major legibility at M4 level would be that the building is an advertisement structure, as the west facing elevation would be completely dominated by the high level digital media screen. This would detract from the overall appearance of the development and would be harmful to the character and amenity of the surroundings.

7.99 It is considered that the size and scale of the media screen would undermine the credibility of the structure as a landmark. The media screen would draw your eye and would be visible for a long distance due to the height above ground level and size of the panel. It is considered that the media screen detracts from the overall appearance of the development, and undermines the potential for the building to be a positive iconic landmark within the London Borough of Hounslow.

7.100 Accordingly, whilst the overall mass and scale of the building is considered to be acceptable, the high level media screen would be harmful to the appearance of London’s skyline and highly prominent for eastbound travellers heading into Central London.

Within the wider corridor

7.101 Along the elevated M4 the London Borough of Hounslow have been working to improve the quality of the corridor, and this has included the removal of large scale advertising and hoardings (i.e. these are generally 6m by 5m advertising panels).

7.102 It is accepted that these generally relate to stand alone advertising towers, rather than a development where the advertising would be integral to the building. However, at the elevated M4 level, the proposed development with its high level media screen would appear as an elaborate advertisement structure, rather than a building with any other function. The media screen would measure 18.7m wide by 19m in height and would dominate the west facing elevation. The media screen is angled away from the road, and results in the need for a large flat facetted shape on the west facing elevation.

7.103 It is accepted that there is are some other advertising panels visible along the elevated M4, however these are distinct and generally measure 5m by 7m panels (with the exception of the temporary Alfa Laval shroud which measures approximately 20m in width by approximately 27m in height) which are approximately 10-13m above ground level. The proposed advertisement would measure 18.7m in width by 19m in height and would be located 17.5m-19.7m above ground level at the base of the advertisement. It is noted here that the Alfa Laval advertisement panels were granted as part of a temporary shroud covering the existing building, and the lighting is switched off at 11pm each night. The advertising will be removed shortly, as part of the overall site development. 84 7.104 The sheer scale of the elevated advertisement, which would cover approximately 75% of the west facing elevation of the building, would be out of character with the surroundings and harmful to the appearance of the building. The height above ground level, combined with the brightness and density of the LED lighting on the media screen, mean that the it would be visible for a very long distance to the west.

7.105 Whilst it is appreciated that the site is adjacent to the elevated M4, and that this is a busy thoroughfare into central London, this is not considered to be a reason to justify large scale media screens of the size and height above ground level of that proposed. For westbound motorists the structure would appear as a large scale advertisement that would bear no relationship to its surroundings.

7.106 The size of the media screen would have a dominant impact for drivers at M4 level and this would further remove any sense of human scale for the building. The London Plan states that a building should provide a positive relationship with street level activity and people should feel comfortable. It is considered that people would view the proposed development as an advertising structure rather than a landmark, high quality development. Why does advertising need to dominate an entire elevation of a landmark building in such a high profile location? If the building was a true landmark, why would it need advertisements as part of its function?

7.107 Our views on this media screen are consistent with the previous 2006 appeal decision for a development on the site 22 . The proposal was for an office building with a height of 45m above ground level and seven advertisement panels. In the appeal decision the Inspector recognised that the development was ‘imaginative and ingenious. With its different coloured panels at varying heights and at various angles containing a modern form of advertisement display, it seeks to reflect the tradition of modern, innovative designs that have taken place from the interwar years to the present day along the Great West Road (the ‘Golden Mile’) and alongside the M4 Motorway. However, the office building itself is not, I consider, particularly inspiring or innovative. It seems to me that the main purpose of the development is to display advertisements in a novel way on a very prominent site’.

7.108 The Inspector then went on to state ‘The advertisements would be of a clean, modern design using the latest technology, and would reflect the design of the panels in which they would be contained. However, the height of the development, its position on one of the main routes in and out of London, the bright, garishly coloured panels, and what I consider to be a discordant and the visually unresolved relationship of the panels to one another set on and about the building, combine to produce a structure that lacks sophistication and sensitivity. As such the development would bear no relationship to the surrounding urban context. It would be a dominant, alien and incongruous feature’ .

22 Appeal Decision, London Borough of Hounslow vs London and Bath Estates, 19 September 2006, 00505/EY/P9 & AD4 85 7.109 Similar conclusions regarding the impact of the media screens are applicable to the current development. The scale of the high density media screen would result in the legibility of the building being for the display of advertisements. The high level west facing media screen would dominate the western elevation, and whilst it would be integrated into the external fabric of the building, it would result in a garish and alien feature within the streetscene.

Would the proposed development result in light pollution?

7.110 This section will consider whether the proposed lighting would be acceptable in principle in this location and whether the proposed development would result in sky glow, glare and light trespass.

7.111 The assessment is in the context of Policy ENV-P.1.7 (Light Pollution) of the Unitary Development Plan. This states that when considering lighting of buildings, the Council will take account of the effect on the character and amenity of the surrounding area. Where lighting is permissible in principle, factors such as: the appearance of the installation when switched off; the effect of the lighting on residents when lit in terms of sky glow, glare and light trespass as well as the effects on wildlife, including on adjoining land; and the potential noise and disturbance from the associated use of the facilities being lit, will be taken into account. If permission is granted, conditions or an agreement may be imposed to restrict the lighting levels and times of use, or to implement other measures to minimise possible adverse effects, both within the site and on adjoining land .

7.112 A Lighting Specialist Report (Arup, April 2011) has been provided with the application. The report addresses ‘ what is the maximum average luminance of a media façade so that there is no light trespass, and what is the maximum average luminance of a media façade so that there is no glare for the drivers of the adjacent roads? ’23

7.113 The site is situated at ground level at the junction of a busy intersection, on the Chiswick Roundabout, with the elevated M4 road running alongside the Great West Road. The area can be classified as E3 – Medium district brightness area (small town centres or urban locations) 24 . This is accepted.

7.114 The Great West Road corridor is characterised by commercial buildings, set within a backdrop of residential development and parks. This is the case at the subject site, where Gunnersbury Park and the Metropolitan Open Land area sits to the north of the subject site and residential development to the south and west. Accordingly, there is a large variation in the lighting environment surrounding the site. This impacts on the assessment of the proposed development as it would appear brighter when viewed from a darker background, and vice versa.

7.115 The Institution of Lighting Engineers (ILE) have written guidance notes for the reduction of obtrusive light. The guidance is not a statutory document

23 Lighting Specialist Report, ArupLighting (April 2011), Page 4 24 Guidance Notices for the Reduction of Obtrusive Light, The Institution of Lighting Engineers (2005) 86 however it is widely used when considering advertisement panels and lighting installations. It needs to be recognised that the guidance states that the notes are intended as a guide only, and that lighting is a complex subject which involves both objective and subjective criteria to be considered. Accordingly, the guidelines will be used in this assessment; however these will be balanced with the relevant policies and an assessment of the site and surroundings.

7.116 The guidelines state ‘do not “over” light. This is a major cause of obtrusive light and is a waste of energy 25 ’. The guidelines state that in Environmental Zone E3 (Medium district brightness areas) the average building luminance limitation is 10cd/sqm. The advice notes that building luminance ‘should be limited to avoid over lighting, and related to the general district brightness. In this reference building luminance is applicable to buildings directly illuminated as a night-time feature as against the illumination of a building caused by spill light from adjacent luminaires or luminaires fixed to the building but used to light an adjacent area’ .

7.117 The guidelines state that ‘for road and amenity lighting installations, light near to and above the horizontal should normally be minimised to reduce glare and sky glow ’. The proposal is for all louvres to be orientated to 10 degrees below the horizon. This means that the louvres will be directed downwards, and this would reduce upwards light pollution. Each LED pixel would also have a small cone, which would further baffle light distribution and direct it downwards.

7.118 It is important to recognise that illuminance is the amount of light that falls on a surface and is measured in lux (lumens per sq.m). The illuminance of an object decreases with distance. However, luminance or the brightness of a surface does not decrease with distance; the brightness will remain the same (although the size of the object will diminish).

7.119 The western elevation of the proposed building will have a large media screen that would be located 17.50 – 19.7m above ground level at the base of the screen, rising to a height of 36.5 – 38.7m above ground level. The height of the media screen is therefore comparable to the height of the existing Wallis House building 26 and would be at a similar height to the maximum height of the temporary media screens on the Alfa Laval building (37-40m above ground level at the top of the adverts) which have a curfew of 11pm.

7.120 The report from Arup concludes that the proposed development would not result in any light trespass to surrounding residential properties, provided that the lights are fitted with sufficient dimming settings. The report states that pre-curfew the high resolution screens would need to be dimmed to 12% of output, with an average luminance of 120cd/sqm and the shroud would need to be dimmed to 12% of output or 19cd/sqm. Post curfew (which is presumably after 11pm) the high resolution screens would need to be dimmed to 3% of output or to 30cd/sqm, whilst the shroud would be dimmed to 3% of output or 5cd/sqm.

25 The Institute of Lighting Engineers – Guidance Notes for the Reduction of Obtrusive Light, Page 1 26 Design and Access Statement, Make Architects, April 2011, Page 15-16 87 7.121 The existing advertisement application (which is currently under appeal at the High Court) gave approval for the advertisement panels (media screens) to have a luminance of 600cd/sqm. The figures above are therefore a significant reduction in terms of luminance. It is not considered energy efficient to have thousands of LED lights operating at 3%-12% of normal output and it would also mean that there is the ability for the lighting to operate at higher levels if the applicant wished to do so.

7.122 Light trespass is considered to be the spilling of light beyond the boundary of the property or the area being lit. The assessment has looked at the closest residential properties, including those on Chiswick High Road/Wellesley Road/ Surrey Crescent on the opposite side of the Chiswick Roundabout.

7.123 It is accepted that if the screens are operated at the levels set within the Arup report that the proposal would not result in any light trespass to residential properties. A condition could be imposed which would require the scheme to operate at these levels.

7.124 The Lighting Report provided by Arup states in regards to building luminance that ‘ this requirement from the ILE Guidance Notes GN01 does not apply to self luminous advertising boards. Instead it is meant to avoid over lighting of architectural flood lighting schemes. SLL Code for Lighting is more specific and indicates clearly that maximum luminance requirement should be used in the case of advertising boards. Therefore the building luminance requirement is not considered in this assessment’27 .

7.125 The Arup report goes on to states that a complete assessment will be required at a later stage to ensure that the sky glow upward light ratio is less than 5%. It has been demonstrated that measures would be included in the design to minimise upward light, however further detailed design work would be required to assess this at a later stage. It is considered that a condition could be imposed if permission were to be granted to ensure that the sky glow upward ratio is less than 5% and that the lighting could be operated to achieve these levels.

7.126 Accordingly, as previously discussed within the report it is considered that the lighting of the shroud and the four media screens unrestricted is inconsistent with policies which require the minimisation of sky glow and energy efficient developments.

7.127 If there was no high level media screen on the proposed building then conditions would be recommended which would require the lighting to be switched off between 11pm and 6am daily. Conditions would be also be imposed in accordance with the Arup recommendations in regards to light trespass and sky upward ratio.

27 Lighting Specialist Report, Arup Lighting, Paragraph 2.5 88 The impact of the development on the surrounding heritage assets

7.128 At 49.7m in height, with integral external lighting forming a shroud around the building, and its irregular form, the building would have a very distinctive appearance which would have the potential to affect the character of both it’s immediate context, but also surrounding areas, including the more sensitive settings of nearby conservation areas and heritage assets.

7.129 Planning Policy Statement 5 (PPS5) provides guidance on heritage conservation and the assessment of proposed development that may affect the heritage of an area.

7.130 Policy HE7 of PPS5 requires local planning authorities to take into account the particular nature of the significance of the heritage asset and the value that it holds for this and future generations. The desirability of new development making a positive contribution to the character and local distinctiveness of the historic environment should be taken into account.

7.131 Policy HE10 of PPS5 provides additional policy for applications that may affect the setting of a designated heritage asset. This states that local planning authorities should treat favourably applications that preserve those elements of the setting that make a positive contribution to or better reveal the significance of a heritage asset. Any harm should be weighed against the wider benefits of the application.

7.132 PPS5 (Historic Environment Planning Practice Guide) identifies a number of potential heritage benefits that could weigh in favour of a proposed scheme, including:

• It sustains or enhances the significance of a heritage asset and the contribution of its setting; • It makes a positive contribution to economic vitality and sustainable communities; • It is an appropriate design for its context and makes a positive contribution to the appearance, character, quality and local distinctiveness of the historic environment.

7.133 The guidance for Policy HE10 from PPS5 states at paragraphs 113 and 114:

‘Setting is the surroundings in which an asset is experienced. All heritage assets have a setting, irrespective of the form in which they survive and whether they are designated or not. Elements of a setting may make a positive contribution to the significance of an asset, may affect the ability to appreciate that significance, or may be neutral.

The extent and importance of setting is often expressed by reference to visual considerations. Although views of or from an asset will play an important part, the way in which we experience an asset in its setting is also influenced by other environmental factors such as noise, dust and vibration; by spatial associations; and, by our understanding of the historic relationship between places. 89 7.134 The guidance goes on to state at paragraph 118, ‘for the purposes of spatial planning, any development or change capable of affecting the significance of a heritage asset or people’s experience of it can be considered as falling within its setting’ .

7.135 Paragraph 112 of the guidance states ‘A proper assessment of the impact on setting will take into account, and be proportionate to, the significance of the asset and the degree to which proposed changes enhance or detract from that significance and the ability to appreciate it’.

7.136 It is considered that the assessment of the height, scale and design of the proposal can be done in three stages; from longer distances, including the Kew World Heritage Site; at medium distances which would include a number of conservation areas, metropolitan open land and some residential development and nearby.

7.137 A critical part of the assessment is the visual impact that the proposal has given it is covered in LED lights which form part of a shroud. This is particularly important when considering the proposal at night, or during dull days in the context of other development and its surroundings.

7.138 In making this assessment, it is noted that comments have been received from the GLA, CABE Design Council and English Heritage.

Context

7.139 The Design and Access Statement has provided an overview of development along the Great West Road from the Gillette Tower to the west, through to 414 Chiswick High Road to the east. This recognises the heights of various buildings within the corridor, including the Gillette Tower (47.5m above ground level), GSK (73m), Alfa Laval building (49m), Barratt’s Hotel Tower (has planning permission approved at 85m above ground level), the Brentford Towers (65m), the Steam Museum campanile (50.2m), Vantage West (50m) and the BSI Building (64m). Many of the buildings are of masonry construction or cladding although some have been over-clad with metal and glass.

7.140 These buildings are spaced along the corridor, and sit within varied contexts and degrees of success at a local level. However, from longer viewpoints such as from the higher level of Gunnersbury Park, or from Kew Bridge, a number of these high level buildings are visible.

7.141 This development forms part of the wider context of the site, and the Brentford Area which is based around the location of the River Thames, the railway lines, and the Great West Road corridor. This is related to the historical context where manufacturing and industrial activity played a role in the development and built form of the area.

Longer views

7.142 The site is located adjacent to the elevated M4 roadway and the Chiswick Roundabout which forms an important junction within the Great West Road corridor at ground level. 90 7.143 The Great West Road is a major road, linking Central London to Heathrow the west of England. The elevated M4 has very high volumes of traffic with a number of high level buildings alongside the motorway interspersed with green parks and trees. This forms part of the character of the area as one is travelling to and from Central London.

7.144 The proposed building is considered to sit within this context, and from longer views along the Great West Road corridor it is not considered that the size or massing of the building would be out of place.

7.145 The nature of the shroud on the building would mean that the building is likely to be more distinctive than other buildings along the corridor, particularly during dull days, early evening and night. It is noted that office buildings, car showrooms and hotels which generally have glass facades usually have some form of internal lighting. This however is more consistent with what viewers would expect, and is unlikely to generate more than instantaneous interest.

7.146 The proposed building with a shroud that is moving and evolving and which can vary in terms of illumination, intensity and colour, would be likely to hold the viewers attention span for a longer period of time. This would be particularly so when driving eastbound towards Central London as the west facing elevation has both the upper media screen, the shroud and the overall shape of the building would be able to be viewed.

7.147 Consideration also needs to be given to the Kew World Heritage Site, which was designated since the Citadel was considered. The Kew World Heritage Site is surrounded by a buffer zone. The site is not located within this. Two views have been provided in the Heritage Statement; one from within Kew Gardens, and one from the towpath adjacent to Kew Gardens. These demonstrate that due to the existing vegetative cover and due to the topography of the area, that the proposed building would not be visible from these points.

7.148 It is noted that no objection has been received from Kew Gardens, and English Heritage have stated that they do not believe the proposal would cause significant harm to this heritage asset.

7.149 An additional viewpoint was provided within the 2006 rebuttal statement (Peter O’Malley, Assessment of LBH Photographic evidence). This is located further east, along the towpath, towards Kew Bridge. From this position the proposed building would sit behind the existing Rivers House. It is also noted that permission has been granted, and construction has started at the Kew Bridge development on the opposite side of the river. Accordingly, it is not considered that the proposal would have an adverse impact on the Kew World Heritage Buffer Site.

Medium Distance Impacts

7.150 The site has the potential to impact on a number of heritage assets, including a variety of conservation areas and MOL from a medium distance.

91 7.151 Gunnersbury Park is located to the north of the site, and is within the Gunnersbury Park Conservation Area, is identified as MOL in the UDP and is a registered Historic Park and Garden with English Heritage. The park contains a number of listed buildings.

7.152 PPS5 requires the consideration of the setting of Gunnersbury Park. The skyline and perimeter of the park do play a part in the formation of the setting of Gunnersbury Park. PPS5 also requires the consideration of the impact of the proposal on the significance of the asset.

Gunnersbury Park

7.153 The topography of the park is higher at the northern corner of the park, than at the southern end. The perimeter of the park is generally vegetated, particularly along the southern and eastern boundaries. The northern and western boundaries adjoin the rear gardens of the residential properties along Popes Lane and Lionel Road North. The residential properties that back onto Gunnersbury Park are generally orientated with their outlook towards the park.

7.154 From the northern corner of the park the proposed building will be visible on the skyline. The other large buildings previously identified along the Great West Road are also easily visible from this position within Gunnersbury Park. It is not considered that the mass of the building will be intrusive, or out of place given the other development and given the extant permission for the Citadel on the site.

7.155 The BAAP identifies the built form on the Great West Road as negatively impacting on the skyline of the park, however there are a number of other large buildings, including the recently consented Wallis House Hotel that would be visible on the skyline from the park. The proposed building would be of a similar scale to other buildings visible on the skyline from Gunnersbury Park however the unusual shape and illumination would differentiate the proposed development from the other buildings visible on the skyline.

7.156 The CABE and English Heritage Guidance on Digital Screens recognises that digital panels draw viewers attention, and are similar to a television in a room. The impacts that this can have on conservation areas or areas of different character is also recognised.

7.157 A number of viewpoints within the Heritage Statement have been assessed, and this shows the location of the proposed structure in relation to differing positions within the park. The Heritage Statement concludes that the screening around the perimeter of the park will shield views of the proposal from within the park. It is noted that the majority of trees around the perimeter of the park are deciduous and therefore the screening would be lost during Autumn and Winter.

92 7.158 There are a number of listed buildings within Gunnersbury Park. The Gunnersbury Park Mansions are located on slightly higher ground and were built to allow for views out over the park and gardens. The Heritage Statement claims that the proposal would not be visible from the mansions.

7.159 Princess Amelia’s Bathhouse is Grade II listed. This is located in front of the mansions, alongside Gunnersbury Avenue. From the higher ground in front of the bathhouse the upper portion BSI building is clearly visible. There is a significant stand of vegetation in front of the bathhouse, and it is considered that this would provide satisfactory screening of the proposal from this location. The proposed development would not be visible from the Stables, which are located within a heavy perimeter of vegetation. The Stables are Grade II listed.

7.160 At the western entrance to Gunnersbury Park, the Potomac Tower is located on the edge of the Potomac Fish Pond. This is Grade II Listed. The development would not be visible from this location, as the development would be screened behind the existing EMC Tower and Vantage West buildings on the edge of the park.

7.161 The West Lodge entrance is marked by a pair of Grade II listed buildings. The proposed development would be in the almost direct line of sight when looking eastwards from this point. The elevated M4 section would screen the proposed development from site from this location.

7.162 It is accepted that the massing of the proposal is less than the consented Citadel development, however the illumination and appearance of the proposal differ significantly. It is accepted that there will be between approximately 500m – 1km between the site and Gunnersbury Park. The distance would help to mitigate the overall mass of the building; however the brightness of the structure would still be apparent from within the heritage asset.

7.163 The proposal has been designed with the media screen facing west and this would not be visible from the majority of Gunnersbury Park. However, the illuminated shroud would be visible and consideration needs to be given to the impact that this would have on amenity.

7.164 From viewpoints within Gunnersbury Park the development would be at a distance where the shroud would not likely be harmful to the setting of the park within the daytime, as the distance would mitigate the illumination of the shroud. It is considered that subject to other conditions, that the proposal would not be harmful to amenity from the northern corner of the park due to the distance.

Kensington and Chelsea Cemetery

7.165 The Kensington and Chelsea Cemetery is also located within the MOL and is within the Gunnersbury Park Conservation Area. The cemetery is at a much closer proximity to the subject site than Gunnersbury Park itself and the entire cemetery would be located within 500m of the site. The Heritage Statement has provided two viewpoints from within the cemetery, which

93 show the upper half of the building as being very prominent above the tree line along the northern perimeter of the cemetery boundary. This would be the furthest point from the site.

7.166 Being able to see the building is not necessarily harmful, and it is recognised that the extant Citadel building would also be visible from the positions within the cemetery. However, the Citadel building proposed a glass exterior, whereas this application proposes an LED shroud and media screens.

7.167 The close proximity of the structure (less than 500m) from the cemetery, and the nature of the proposal which would include LED lighting and a shroud which would move and evolve would have a harmful impact on people’s enjoyment and use of the cemetery. The cemetery is a place for reflection, and whilst is noted that the Vantage West building also adjoins the cemetery, this is a more anonymous feature in that it is not lit up and it is only the rear elevation of cladding that is visible.

7.168 The proposed development would loom above the cemetery and It is considered the proposed development would be harmful to the setting of the heritage asset that it the Kensington and Chelsea Cemetery and people’s enjoyment of the cemetery. The illumination of the shroud and media screens and proximity to the cemetery would result in the proposal having a dominant impact on the appearance of the cemetery.

7.169 Further, from within the western corner of the cemetery the existing Torch tower and illuminated LED advertising screens are visible. This was recognised in an appeal decision for an advertising tower at Kings House 28 . In the decision that Inspector stated at paragraph 9 ‘To my eye, the Torch (on the same side of the M4 but across the twin railway lines from the cemetery) is a noticeable element from most of the cemetery. As its display panels are angled to be seen from the M4, its impact is moderate from most positions within the cemetery and certainly no greater than the side of the Vantage West building. However, from the western end of the cemetery the visual impact of the west-facing LED display is very apparent, and in my opinion is (sic) visually jarring in such surroundings. Where the Torch is closest to the cemetery, its impact is reduced as only the back of the structure can be seen’.

7.170 It is considered that the proposed development would have a similar impact. The site is further from the cemetery than the existing location of the Torch. However, the large media screen would be located 17.5 – 19.7m above ground level, rising to 36.5 – 38.7m above ground level, and the advert proposed would be significantly larger, measuring 18.7m in width by 19m in height. The existing Torch LED panels measure 7m in height by 5m in width and are located 9.5m at the base of the advertisement from ground level 29 .

28 City Advertising Ltd v London Borough of Hounslow, Kings House Warehouse, Appeal Decision 6 April 2010, APP/F5540/H/09/2117621, 2117614, 2121114 29 Appellant Statement, JC Decaux UK Limited vs London Borough of Hounslow, 01 June 2005, 00505/FQ/P1, 00505/FQ/AD1 94 7.171 The applicant has provided a cone of vision for the large media screen. This includes the western edge of the cemetery. Whilst is it noted that there is a significant perimeter of vegetation in this location, the majority of this is deciduous and therefore visibility is significantly increased in Autumn and Winter months.

7.172 Due to the height of the proposed media screen, and the nature of the remainder of the illuminated shroud, it is considered that the proposed development would have a harmful impact on users of the cemetery. The proposed shroud and media screen because of the nature of digital lighting would have a dominant and intrusive impact on the cemetery, even through and above the existing vegetation. It is accepted that the cemetery is adjacent to the elevated M4 and commercial development including Vantage West, with B and Q on the south-eastern boundary. However, the height of the media panel above ground, combined with the LED shroud, the higher density media screens and illumination proposed are what results in the proposal being unacceptable from within the cemetery. The lighting would have a jarring and intrusive impact from the cemetery.

7.173 It is accepted that there is an existing permission for the Citadel. However, it is not considered that this would have been as intrusive as it did not incorporate LED lighting with a shroud and media screen. The media screen would face towards the western end of the cemetery and the size, height and illumination of the panels would adversely impact on people’s experience of the heritage asset.

7.174 It is noted that the appeal decision for a development at the site in 2006 also reached similar conclusions 30 . The proposal was for an office building with a height of 45m above ground level and included seven advertising screens. In the decision, the Inspector stated that the proposal would appear as a dominant and discordant feature from the cemetery.

7.175 The removal of the high level media screen from the application would go some way to mitigating the impact on the cemetery. However, it must be recognised that the shroud would also have an impact on the cemetery, although this would be greatest during the evening or at night. The impact at night would be removed with a condition that required the lighting scheme to be turned off between 11pm and 6am.

Kew Bridge and Strand on the Green Conservation Areas

7.176 To the south-west of the site is Kew Bridge, a Grade II listed structure which is located within the Kew Bridge Conservation Area. The Strand on the Green Conservation Area is located immediately east of the bridge.

30 Appeal Decision, London Borough of Hounslow vs London and Bath Estates, 19 September 2006, 00505/EY/P9 & AD4 95 7.177 The proposed development would be visible on the skyline from Kew Bridge, to the east of Rivers House. The development would sit on the skyline, above the lower two and three storey residential development within the foreground. When viewed with Rivers House, and the other larger scale development to the west of Kew Bridge, it is not considered that the proposed development would adversely impact on the setting of Kew Bridge, or the heritage asset.

7.178 The Kew Bridge Conservation Area consists of the properties adjacent to Kew Bridge Station, and also includes the Steam Museum and the Kew Bridge Development site (currently under construction). A viewpoint has been provided outside the Steam Museum, which demonstrates that the proposed building would not be easily visible and would be screened behind the existing vegetation and buildings.

7.179 From varying viewpoints in this location the proposal is likely to be visible. However, the building would be seen in the context of the existing development on Kew Bridge Road, Wheatstone House and the Brentford Fountain Centre. This development will provide sufficient separation and screening which would mean that the proposal would not have a direct adverse impact on this area. In this location the building would be most apparent to drivers using Chiswick High Road, as the views for pedestrians would be restricted by the existing built form.

7.180 The Strand on the Green Conservation Area is located to the east of Kew Bridge, adjacent to the River Thames. The ground level is lower than that of the subject site, and the higher level Wellesley Road Conservation Area. A viewpoint has been provided from the junction of Strand on the Green and Spring Grove. Due to the lower ground level, the proposed building would not be visible from within the conservation area. Accordingly, it is not considered that the proposal would impact on the heritage asset that is Strand on the Green Conservation Area.

Conclusion

7.181 Accordingly, the proposed development would adversely impact on the setting and people’s experience of the Kensington and Chelsea Cemetery, due to the close proximity of the site, the lighting proposed and the height and illumination of the media screen and shroud. This is contrary to the guidance within Planning Policy Statement 5 and the policies of the Unitary Development Plan.

Impacts on neighbour’s living conditions

7.182 The UDP Policy ENV-B.1.1 (New Development) states that new development should ensure adequate daylight and sunlight reaches properties and minimise any detrimental impact on adjoining properties and comply with ENV-P.1.7 (Light Pollution). Policy ENV-P.1.7 states that when considering applications Council will take account of the effect on the character and amenity of the surrounding area, including the effect of the lighting on residents when lit in terms of sky glow, glare and light trespass.

96 7.183 The proposal has been amended from the previous application to remove the large east-facing media screen however three media screens are retained at A4 level and one west-facing media screen at M4 level. The remainder of the shroud will be covered in LEDs and will form an artistic shroud that will be able to be illuminated.

7.184 There are no residents in the immediate surrounds, as the site is effectively an island on the edge of a busy roundabout. However, there are residential properties located to the east and south within the Thorney Hedge Road Conservation Areas and Wellesley Road Conservation Areas.

7.185 It is noted that this application is not for advertising consent, and is for planning permission only. However, the screens for an integral part of the building’s shroud, along with the artistic shroud covering the remainder of the building.

7.186 Advertising and lighting were considered in a previous application at public inquiry in 2006 (00505/EY/P9). The application was for a building, with colourful panels and advertisement displays. Seven static LED advertising screens were proposed. Whilst the Inspector recognised that amendments were proposed to the application to control light trespass and sky glow, he went on to state ‘that the introduction of these illuminated panels through their clarity and high quality images would increase the perception of light pollution in the vicinity, especially by nearby residents, thus augmenting the effect of the scheme in amenity terms’.

7.187 The report could not demonstrate that the building would not result in sky glow, as this measurement would need to be completed once the LED screens were designed. Sky glow is considered to be the brightening of the night sky above cities, with glare being an uncomfortable brightness when viewed against a dark background 31 . The LED lights will be fitted with shields and louvres which will be directed to help reduce sky glow, and vertical spill to a minimum.

7.188 However, due to the shape of the building, with numerous facetted planes and louvres which are always orientated 10degrees below the horizontal, the upper half of the building will appear brighter than the remainder of the building. This is because as the planes are angled, the louvres would appear closer together from ground level.

7.189 If the media screen were removed from the application, conditions would be recommended that would require the operation of the lighting scheme at the Arup levels and which required the scheme to switch off at 11pm till 6am each day. This would reduce the perception of sky glow and light pollution. Light trespass has already been addressed within this report.

Viewing Platform

7.190 A roof terrace has been introduced in this application at ninth storey level. This would be for occupiers of the development and potentially for events at

31 The Institution of Lighting Engineers – Guidance Notes for the Reduction of Obtrusive Light (2005) 97 weekends and evenings. The design and access statement states that the roof terrace will ‘enjoy far-reaching views into central London and over Gunnersbury Park , and will make an appreciable contribution to the wellbeing of workers and create a sense of community within the building’.

7.191 The London Plan states at Policy 7.7(h) that tall buildings should incorporate publicly accessible areas on the upper floors, where appropriate.

7.192 The objection from the West Chiswick and Gunnersbury Society has objected to the roof terrace, on the basis that it will result in a loss of privacy for residents. The nearest residential properties are approximately 80m from the boundary of the site, within the Wellesley Road Conservation Area. Residential properties are also located to the east within the Thorney Hedge Conservation Area.

7.193 Whilst it is appreciated that from the viewing platform the residential properties will be visible, these will be visible as part of the surrounding development. It is not considered that the viewing platform would allow for direct views to a level that would result in a loss of privacy for these residents. The oblique angle of the properties to the platform would mean that it would be difficult to see residents within their homes or properties. The viewing platform would be more used as a platform from which to look towards central London, the river or Gunnersbury Park, rather than residential units.

7.194 The head of terms suggested by the applicant proposed three open days of the viewing terrace a year for the general public and 12 public bookings per annum, should permission be granted.

7.195 The proposed development would not result in any shadowing on surrounding residential properties. The bulk and mass of the building is less than that which was consented as part of the Citadel development.

Access and Parking

7.196 Planning Policy Guidance Note 13 (PPG 13) promotes use of sustainable modes of travel and to discourage use of private cars to reduce traffic congestion and pollution. New development should include the minimum amount of parking necessary to encourage use of public transport as well as walking and cycling.

Access

7.197 The access to the basement would be located directly off Larch Drive at the rear of the site. The access would be a single left in/single left out access point. A new central traffic island would be provided on Larch Drive. Larch Drive is part of the Transport for London Road Network, and they consider that the access is acceptable subject to detailed design. Appropriate signage would need to be put in place.

98 Parking

7.198 The proposed basement would provided space for 39 standard parking spaces plus three disabled spaces which is acceptable. The London Plan parking standards require 20% active and 20% passive spaces for electric vehicle charging, this would therefore require 12 electric parking spaces. If the proposal was for approval then this could be addressed via a condition.

Cycle parking

7.199 The application proposes a greater number of cycle spaces than required by the replacement London Plan within the basement of the premises. 60 cycle parking spaces are proposed.

7.200 The pedestrian crossings in the vicinity of the site must meet crossing standards and provide appropriate tactile and colour information for vulnerable users.

Servicing

7.201 Transport for London have requested a Delivery and Servicing Plan, a Construction Logistics Plan and a Travel Plan. These documents can be secured by way of condition or through a section 106 agreement if the application were to be granted.

7.202 A loading bay would be formed within the site boundary on the Larch Drive boundary. The loading bay would have a shared surface and would allow vehicles delivering biodiesel to the nearest leg, or shard, a place to stop whilst this occurs.

Traffic generation

7.203 Transport for London have stated that given the existing extant application, it is acknowledged that the proposed development would not result in a significant impact on public transport or highways networks. On this basis, there is no requirement to increase the capacity as set out in London Plan Policy 6.2.

Media Screens and Shroud

7.204 Transport for London have requested a condition on the low-level advertising at A4 level. The condition would ensure that there are no moving or apparently moving features, and the changeover would have a minimum time period of 2 minutes. This conditions has already been applied to the advert consent under consideration at appeal.

7.205 It must be demonstrated that access can be gained to the site for maintenance and construction purposes without the need to stop or obstruct the carriageway. This would need to be addressed within the Construction and Logistics Plan and Delivery and Servicing Plan.

99 7.206 The Council’s Highways and Development Teams have also viewed the application and concur with the findings of Transport for London in regards to access. The access point proposed is the same as that which was approved for the Citadel development in 2005. With a detailed design it is considered that the proposed access could be acceptable.

7.207 The Highways Agency have provided comment in regards to the shroud and the rate of change at which it would move. The Highways Agency are concerned that the intensity of the shroud could change rapidly, resulting in a distraction for motorists. A condition has been requested that would limit the rate of change to be a maximum of 150cd/sqm per minute. The applicant has agreed to this should the application be granted.

7.208 It is noted that the Council’s Traffic Development Manager still has concerns over the size and location of the proposed media screens, and the potential for these to impact on motorist safety and for the movement and illumination of the shroud to distract drivers.

7.209 Advertisement consent was not sought for the shroud, however it forms part of the planning application. It is not considered that the should would be an advertisement unless branded symbols were displayed, or if the shroud related to an advertisement being displayed on the media screen effectively forming a background to the advert.

7.210 The comments from CABE reiterate the importance of securing the artistic shroud for public art and not for advertising. It is considered that this could be controlled through a section 106 agreement with appropriate wording and working of this could prevent the shroud from being used in conjunction with the media screens.

7.211 It is noted that the advertisement consent granted on appeal (but still under challenge) imposed a condition that the advertisements should be removed after five years. The physical makeup of the illuminated shroud would be exactly the same as the physical makeup of the media screens. Accordingly, after five years the entire building could be come an artistic shroud. However, it is expected that the applicant would reapply for advertisement consent. Therefore this cannot be relied upon when assessing the overall development.

7.212 The shroud did not form part of the assessment on public safety in the advertisement appeal. The Highways Agency has suggested a condition relating to the intensity of illumination of the shroud and the changes. In order to prevent a distraction to motorists it is suggested that condition would be required which would restrict the intensity of the illumination i.e. 150cd/sq.m to 300cd/sq.m over a two minute period.

100 7.213 However, colours would also need to be controlled as switching from one colour to the next at the same intensity of illumination also has the potential to distract drivers and impact on road safety. This would be very difficult to control and enforce. Accordingly, if permission were to be granted it is considered that it would be more pragmatic that a condition required the shroud to only change display once every 24 hours, and the change takes place whilst the shroud is turned off in the interests of public safety. A condition would also be required that the shroud and media screens operated at the levels recommended within the Arup report.

Are sustainable building principles applied?

7.214 The broad aim of sustainable development is to ensure that the quality of social, economic and ecological environments are improved and maintained for future generations. The UDP and London Plan encourage sustainable development through many policies including the promotion of the use of energy efficient building design and materials, re-use of previously developed land and existing buildings, and location of development in or close to town centres and areas with good public transport.

7.215 PPS 24: Renewable Energy sets out the government’s objectives regarding renewable energy and informs policy preparation and assessment of individual planning applications. A key principle is that the provision of renewable energy should be promoted.

7.216 Sustainability underpins many policies of the UDP and the London Plan. These require developments to be sustainable in transport terms, to minimise waste, include energy efficiency measures and promote the use of renewable energy, and not significantly increase the requirement for water supply or surface water drainage.

7.217 As a large new building, the proposal can make a substantial contribution to sustainable development in the Borough and it is important that it recognises and adopts sustainable development principles.

7.218 London Plan Policy 5.2 (Minimising carbon dioxide emissions) states that development proposals should make the fullest contribution to minimising carbon dioxide emissions in accordance with the following energy hierarchy

• Be lean: use less energy • Be clean: supply energy efficiently • Be green: use renewable energy

101 7.219 The policy requires a 25% improvement on 2010 Building Regulations for Non-domestic buildings. It goes on to note that major development proposals should include a detailed energy assessment to demonstrate how the targets for carbon dioxide emissions reduction outlined above are to be met within the framework of the energy hierarchy.

7.220 The application is supported by Energy and Sustainability statements.

7.221 It is expected that the development would look to achieve a BREEAM rating of ‘excellent’. It is currently stated in the application that the proposed building would achieve a BREEAM rating of ‘very good’.

7.222 The supporting report notes that the majority of renewable technologies have been demonstrated as being unsuitable or unviable for the proposed development.

7.223 The proposed development includes a Combined Cooling Heat and Power (CCHP) or Tri-generation CHP to be suitable. The CCHP engine will run on fuel produced from waste cooking oils (biofuel), and will deliver a minimum of 20% carbon reduction from renewable energy.

7.224 A tanker would deliver biofuel to the site approximately once a month. The fuel would be stored underground, near the plant room. Overall the proposal would result in a 15.7% reduction in carbon dioxide emissions associated with energy efficiency, 37.6% reduction of carbon emissions associated with the CCHP renewable energy and an additional 0.8% reduction in carbon emissions associated with ground source heat pumps.

7.225 The Council’s Sustainability Officer has reviewed the application and the associated documents. It is considered that what is proposed would be acceptable, subject to conditions, in terms of the London Plan standards.

7.226 However, as discussed earlier in the report, although the proposed biodiesel boiler would be considered as a renewable form of energy, the impacts as a result of combustion would result in some air pollution.

Noise

7.227 Planning Policy Guidance Note 24 outlines the considerations to be taken into account in determining planning application both for noise-sensitive developments and for those activities that generate noise. UDP Policy ENV- B.1.5 states that the Council will not allow development that could result in unacceptable noise nuisance to nearby or future occupiers.

7.228 Due to the location of the site, at the intersection of a number of major roadways, the site has a very high noise environment. A noise assessment has been submitted with the application. Due to the proposed uses it is not considered that the proposal would adversely impact on surrounding residents or office occupants as a result of noise.

102 Archaeological Issues

7.229 A desk study that reviewed the historical and archaeological background of the site was provided in the Environmental Review document. The front boundary of the site is located within an archaeological priority area, however the rest of the site is not.

7.230 The Environmental Review summarises the previous work that was completed at the site. In 1998 two trial trenches were excavated. No significant archaeological remains were found, and there was no evidence for human activity on the site before the later post-medieval period. The report concluded that no further archaeological work was required.

Contamination

7.231 The Council’s Land Quality Team have reviewed the application. If permission was to be granted it would be considered appropriate to place a condition on the permission which would require further site investigation and contamination review prior to the commencement of development.

Flooding

7.232 The site is not located within a Flood Zone. The Environment Agency have provided comment on the application which states that developers should be aware than any proposed piling does not pose a pollution risk to controlled waters. If piling is proposed then a Piling Risk Assessment and Hydro geological Risk Assessment would be required.

7.233 If permission was to be granted this information could be required by way of condition.

The potential of the proposed development to secure planning obligations

7.234 UDP policy IMP6.1 states that the Council will seek to ensure that a developer enters into a planning obligation to secure planning benefits related to the proposed development. A payment or other benefit offered pursuant to a section 106 agreement is not material to a decision to grant planning permission and cannot be required unless it complies with the provisions of the Community Infrastructure Levy Regulations 2010 (regulation 122), which provide that the planning obligation must be:

103 • (a) necessary to make the development acceptable in planning terms;

• (b) directly related to the development; and

• (c) fairly and reasonably related in scale and kind to the development.

Accordingly, it is mandatory that each criterion be satisfactorily addressed prior to granting planning permission subject to a section 106 agreement.

7.235 Government Circular 05/2005 provides guidance on the use of planning obligations, which may impose a restriction or requirement, or provide for payment of money from the developer to make acceptable development proposals that might otherwise be unacceptable in planning terms. The Council’s Supplementary Planning Document on Planning Obligations (which was adopted in March 2008) contains guidance on the imposition of planning obligations in compliance with Circular 05/2005. These obligations may offset shortfalls in the scheme or mitigate the impacts of the development.

7.236 Contributions will be sought where appropriate; however it is likely to include a public realm contribution (including CCTV, public art and landscape provision), employment and construction training, air quality monitoring, travel planning and pedestrian routes and public transport.

104 7.237 Using the guidance, if the scheme were to be approved, the proposal would require the following contributions:

Public Realm £19,818

Employment Opportunities £108,990

Construction Training £2,500 for every £1million construction (details required)

Transport £7462.50 + £48,052

Travel Plan

Advertisement Space

Open Day for the Roof Terrace

Totalling £243,227.50

Mitigation for air quality (amount to be agreed)

Requirement for the office floorspace and retail showroom to be completed prior to the use of the media screens

Requirement for the artistic shroud to be used for artistic purposes and not for advertising

Regular maintenance regime

7.238 It is noted that the previous application included some provision of time for advertising for charities, including the Local Authority and GLA.

7.239 In terms of reference, the previous application that was approved in 2002 required the following contributions totalling £1,365,000 in the form of a deed agreement:

• A sum of £750,000 for three separate bus service contributions;

• A Community Facilities Contribution of £20,000;

• A CPZ contribution of £155,000

• A Cycle Lane Contribution of £50,000

• Employment Training Contribution of £50,000

• Gunnersbury Park Landscaping Contribution £20,000

• Pedestrian Route Contribution £270,000;

• Public Art Contribution of £50,000

7.240 The applicant has suggested draft heads of terms for the proposal should the development be approved. This is as follows: 105 Local Highways and Transport

1. Contribution to Transport of £55,000 (£48,000 for office and £7,000 for retail floor space in accord with the SPD Planning Obligations) 2. Green Travel Plan 3. Delivery and Servicing Plan 4. Construction and Logistics Plan 5. Refurbishment of pavements around the site with high quality materials 6. Cycle lanes to Gunnersbury Ave and Great West Road Frontages 7. Pedestrian Island to Larch Drive

Items 5 to 7 would be covered by section 278 works should permission be granted.

Local Employment and Training

1. Construction Apprenticeships 2. Local sourcing of employment 3. Contribution of £30,000 to Hounslow Race and Equalities Council for training services (Accords with SPD Planning Obligations) 4. Contribution of £30,000 to accredited construction training programme (Accords with SPD Planning Obligations)

Public Realm / Public Art

1. Contribution of £20,000 to maintenance and enhancement of trees and landscaping on the roundabout (Accords with SPD Planning Obligations on Public Realm) 2. Contribution of £15,000 to artwork and lighting below elevated motorway. 3. Use of non advertising areas of shroud for art work by local schools and community organisations for 20% of the time

Use of Media Screens

1. Use of Media Screens by local government (including the GLA and the London Borough of Hounslow), community organisations and charities for a maximum 120 times 2 minute slots each month.

Roof Garden

1. The Roof Garden will be open to members of the public on at least 3 ‘open days’ per annum and available for public bookings on 12 occasions per annum.

7.241 However, it is considered that the provision of section 106 contributions would not be able to overcome the concerns expressed in the report.

8.0 EQUALITIES DUTIES IMPLICATIONS

The Council has to give due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, which is available at:

http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/en vironment_eias.htm it is considered that there will be no specific implications with regard to the Council’s duty in respect of its equalities duties and that if

106 approving or refusing this proposal the Council will be acting in compliance with its duties.

Relevant Section of Offices/R&D/Light Industry Relevance Test

9.0 CONCLUSION

9.1 Whilst the principle of the uses, ancillary retail floorspace and the viewing platform is acceptable and the building design itself is unusual and could be argued that it would become iconic, we have real concerns in regards to two issues; the shroud and specifically it’s unrestricted use and resultant impacts on highway safety, amenity and the sustainability implications , and the high level media screen and the impacts on the character and amenity of the surroundings and the appearance of the overall development.

9.2 The lighting display would be lit 24 hours a day and would have a distracting and adverse impact on the amenity of the surrounding area. The surrounding area is not one which is intrinsically lit for 24 hours a day and the proposed development, with the use of LED lighting on both the shroud and media screen would be out of character with the surroundings.

9.3 Both national policies and the London Plan have a significant drive towards sustainable and efficient lighting. Outdoor lighting should be energy efficient and should minimise light lost to the sky. The proposal includes a biodiesel plant that would be run on waste cooking oil. The LED panels and shroud would generate 41% of the buildings energy demand. The biodiesel plant would result in some emissions of nitrogen dioxide, through the combustion of fuel. The site is located within an area which already has very poor air quality. It is not considered that the proposal is air quality neutral. Therefore the principle of the LED shroud which is on 24 hours a day is not considered to be acceptable. There is no justification for the entire building to be illuminated, and this is contrary to the policies which require a significant reduction in greenhouse gases.

9.4 The high level media screen would cover approximately 75% of the west facing elevation of the building, and would be located up to 38m above ground level. The major legibility of the proposed development would be as an advertising structure. The media screen dominates the west facing elevation and the height above ground level and the lamination proposed would mean that the panel would be visible for a long distance. The media screen result in a garish and alien feature within the development, and this dominates the west facing elevation.

107 9.5 The proposal is considered to have an adverse impact on the setting of the Kensington and Chelsea Cemetery, which is within the Gunnersbury Park Conservation Area and which is identified as Metropolitan Open Land. The building would have a dominant impact for users of the cemetery and would have a jarring impact.

9.6 Accordingly, refusal has been recommended.

10.0 RECOMMENDATION

REFUSAL

1. The design of the building and associated media screens and shroud would appear as an incongruous and discordant feature on the London skyline, and would not positively contribute to the amenity of the surrounding area. The structure would appear as a large scale advertisement structure and would bear no relationship with its surroundings. The media screen would dominate the west facing elevation of the building and harm the credibility of the building as an iconic landmark structure. This is contrary to Policies 7.4 (Local Character), 7.5 (Public Realm), 7.6 (Architecture) 7.7 (Location and Design of Tall and Large Buildings) of the London Plan and Policy BAAP1 (Sustainable Development), BAAP2 (Urban Design) and BAAP4 (Great West Road) of the Brentford Area Action Plan and Policies ENV-B.1.1 (New Development), ENV-B.2.2 (Conservation Areas), ENV-B.1.2 (High Buildings or Structures Affecting Sensitive Areas), ENV- N.1.7 (Development near the Metropolitan Open Land Boundary) of the Unitary Development Plan.

2. The proposed building and associated media screens and shroud, by reason of size, design and location would not preserve the character and appearance of the Gunnersbury Park Conservation Area and would be harmful to the setting of the Kensington and Chelsea Cemetery which is within the Gunnersbury Park Conservation Area and is Metropolitan Open Land. The building would be highly intrusive and visually jarring from within the cemetery. This is considered to be contrary to Policies 7.4 (Local Character), 7.7 (Location and Design of Tall and Large Buildings) and 7.8 (Heritage Assets and Archaeology) of the London Plan and Policies ENV-B.1.1 (New Development), ENV-B.2.2 (Conservation Areas), ENV-B.1.2 (High Buildings or Structures Affecting Sensitive Areas), ENV-N.1.7 (Development near the Metropolitan Open Land Boundary) of the Unitary Development Plan.

108 3. The proposed building and associated media screens and shroud, by virtue of the lighting for 24 hours a day, would be contrary to policies of the London Plan and Planning Policy Statement 1 which require the highest standards of sustainability and energy efficiency. A biodiesel CCHP plant is proposed, which as a result of combustion would result in emissions of nitrogen dioxide. There is no justification for the building to generate the need for such high energy requirements, and there is no justification for the entire building in this location to be illuminated. The site is extremely prominent and the proposal would not represent an energy efficient or sustainability exemplar type of development. This is accordingly contrary to Policies 7.6 (Architecture), 7.14 (Improving Air Quality) 7.24 (Sustainable Design and Construction) of the London Plan, Policy 2.3.2 (Energy) of the Mayor’s Sustainable Design and Construction Supplementary Planning Guidance and the guidance contained within Planning Policy Statement 1.

Background Papers: The contents of planning file ref. 00505/EY/P14, 00505/EY/AD9, 00505/EY/P13 and 00505/EY/P5 save for exempt or confidential information as defined in the Local Government Act 1972, Sch. 12A Parts 1 and 2. This report is relevant to the following wards/areas: Turnham Green

109 PCs Works

Works

111

CW 110

14.6m Chapel

Power Road Studios

POWER ROAD

MP .25 Works Works

15.2m

Works Works Works

El Sub Sta Works 113

El

POWER ROAD Sub 107 Sta

145 112 112 LB 114

POWER ROAD 114b

SPs LB

POWER ROAD Works 126 to 129 to 126

Kew East Junction CR 8 Works Superstore

250 6 Works SB

11.9m El Sub Sta El Sta Sub 266

270 to

266

270 to Superstore CR Cycle Path

14.8m

Shelter

272

(NORTH CIRCULARGUNNERSBURY ROAD) AVENUE

Cycle Path 4

10.7m Garage 13.6m El Sub Sta

630 Gantry

4 GREAT WEST ROAD 10.1m

LB CHISWICK HIGH ROAD

Elevated Road Shelter M 4 445

10.4m 451

GREAT WEST ROAD 10.9m

Ward Bdy 455 463 457

CR 3

Warehouse 2

1 to 8

CAMBRIDGE ROAD NORTH Gillian Court

42

3

CRESCENT

SURREY 36

30 14

650 to 654

15

SURREY 1 to 6 Brentford Fountain CRESCENT Afroze Court

Leisure Centre

525

20

6 4

(NORTH CIRCULAR ROAD) 1a

1b

535 STONEHILL ROAD

1 26

27

TCBs 2 CLARENCE ROAD 8 to 11 5 to 7 26 to 29 30 to 32

The

CHISWICK HIGH ROAD Cottage 4 547

33 to 36

33

1 to 4 Millenium 21 to 25 to 21

12 to 16 to 12 House

Ward Bdy CR Melville Court 553

LB 12 559 11 HAINING CLOSE

10 13

17 to 20 to 17

563 9

565 to 569 to 565 14

7 STILE 571 37 LONDON 4 to 6 1 to 41 1 to 24 to 39

21 575

2

43 Forbes House 91 87a 87 55 75 57 61 59

9.8m 8.9m WELLESLEY ROAD 40

1 60 1a 10.2m

72

84

2

148

1

146

1 to 37 to 1

96

132

3 120

108 6

Stile Hall Parade

10 2 1

CAMBRIDGE ROAD SOUTH LAND AT CHISWICK ROUNDABOUT, LONDON.

London Borough of Hounslow Mike Jordan c Crown copyright. All rights reserved 100019263 2009 Director of Environment, The Civic Centre, Lampton Road, Hounslow, TW3 4DN

Drawn by: S.C. Scale1/2500 Date 23 - 12 - 2009 O.S. Reference - TQ1978SW 110 

SPs LB POWER ROAD 126 to 129 to 126 CR

Superstore

250

11.9m El Sub Sta

266

270 to

266

270 to Superstore

272

(NORTH CIRCULARGUNNERSBURY ROAD) AVENUE

10.7m Garage 13.6m

Gantry

GREAT WEST ROAD

Elevated Road Shelter M 4

10.4m GREAT WEST ROAD 10.9m Ward Bdy

CR 3

Warehouse

SURREY

650 to 654

SURREY CRESCENT 525

(NORTH CIRCULAR ROAD)

LAND AT CHISWICK ROUNDABOUT, LONDON.

London Borough of Hounslow Mike Jordan c Crown copyright. All rights reserved 100019263 2009 Director of Environment, The Civic Centre, Lampton Road, Hounslow, TW3 4DN

Drawn by: S.C. Scale1/1250 Date 23 - 12 - 2009 O.S. Reference - TQ1978SW 111                    !

                ! " #  

 $%&' # %()(   $*+,,&(**)(*%)-(./& !  0 1   23   "  #  " 4  2!  4&  "     #    $"  % !& '%  $ (   )'* )#      $   +    "    !,  -. /     $",   . $    "     #$00*1(234 05 34 $!    6(   "       $7    

 

  8   4     $  !$$       $"   $$ !   9$         #     $           )  " +    $      + : ( )  "  !             !        !   4 4    <     !       $$               !"       6)  "    ! 4    $=  !   !  7)  ( $$ ! $  $         !      

  

  " $  $          $    $$   "  9$              !%              $   $   "             

6  &  $       $!       %  "       (M(4 :  "         $   $   $?7  !       @$ $   "

      112 ( 2   (&&A0076:7    $      $%     !(  !      $         $  !  9  

7  8   8          8                                 $  8   $        9   $        !  8 $ 9    $                       $%      !(  !    

0  B #      $     ! !+    $  !   $! ( $   %         $      !$       $$ $ !  !  $!"             '   0)

:  "          $     $ %  R    @4$     ( !   $   $   $            $  5 4    $   !                 !(  ! $      ! $        

  8  $ 8          ! $!               *5D.7 "77$ ,  . $  B  !2   & 'B2&)  ! .((&7$. $(  ( & '.((&)"      4  $!       !$/ E #   !  

  

F        0 48        $$$    $!    !    $   !   !$    

 

3  "       $   ! !  9    $(7/ E#  (7:5%  # '/ ! ( )       ! $     $?7  !(  $$     $ $    $  $                 $      ! $$  

 "       +  !:+470+ 7+ 6 " $,     9    !4 9          !   ! $$ $!          !8

 "  % !& '%  $(   )'* )#           113 ( 2   (&&A0076:7  $   $     $   

 "  $%     !(  !   !  "   +  !F  !3        0       3    !<   $   +  !  $    $  !(   !   $   !  $$        7 $    

 (  %  6 64               8       ( +.     $! A     @4  4       $             8   

6 " @$   $     !(  !     $        ! $$     $   48     $         $                      ! $9   $?7    $  R     $     

7 "                   $ !          !   "          !               !   R   $  (         $      !        !  !$   $$    !    ! !$ ! $      !          

0 8  !  4   !   ! $   R    $    !  8     !     $    !!     $      % =  !48      @$     $!    $

: $    4  ! 4        !      $   ,*2   !"            !R $      !     $$ $!                !  $       

 "  R               !$        $      4      !   !               $            $$   Q    !R$  E +              Q R  !       $    (&&A00766 (&&A007(:66 6%  64"  % !& '%  $(   )'* )#           6114 ( 2   (&&A0076:7     $  R      $        "   R             $     $  !$   $  

F 8               ! $    R   =  +               8    4      $?7    $      $     !             !   ! :   $7 4                

3 ,*2   !       !       !      " $,    9           $=  ! !           "   $                  !(  !        Q R$         

 (   4            4$+  4   !Q"R  !   #  $?7 =  !   $  $   !  !                  $!  $ +         

 %   +    $  !  8          ! $       $ !        $$   $      !         $?7

 "  !(  !      $?7+        =     $  !    4    $   !  $ $$   $ !  !        9    !       2         $?7        $    4  $ $$ 4 !          *   $?7   !$        9   4    !     $ 

!  #   !$          $    4 !    ! $9   

6 8    $   $,*2          $$  !     5 %      !(  !       ,*2  $       "    $ $        !$        

7 8  $   $                         

      7115 ( 2   (&&A0076:7       $?78                      @      $?77" $            $     ,*2 $ $$  @4         !    $  !E 8              $$ $   !$  $ A +              8   !          

0 (  $              $    $    ( 9 !$         $  5 4             !  $!E 8      8 $      !     

: 8                 +        $!"   !   !(  ! !          8     !$    0"    $        !        $$       !    $B2&.((&  8 $  ! $$ $!$  ?7

 "%      $          $ 8              !                $            "%            !7  $  $  $  !8            $    $=    8      !" $,     ! $ 

F (        $       !        !$   !$    $  "       $     $   $:!             $ +  $ !  %  8    $$      ! $      $    9 $!+     !     48     $ =   $   $$ !  %   8     !

3 A            48     

85 &*%"#



 7(&&A007(:3F3-(&&A007:3F33 0"8  $#  (   2 2    4FME &BH,       0116 ( 2   (&&A0076:7  

  (&&*(#(5%*   A#"*(&&*,,(5"

?(A B= 4$%   70/ !R8  = 4,  E%#0( ?H/  ,  -. * 460    # 4EH   4E7I, ?D   (-&  46A @! 4 ,  E"7.I ?(.  % " & ,,&4:    # 4"  4"EFB 2",   ( &!  !4  $, $   4  E 4*  *77(   A#"*,%(,&,(5585/(B"#8"1

? .  ,  . $   ?2#     !(  !4A   4 ,  # 42 #7 J ?   ,  . $    

  2%B?*5"      !( 8 # $  $,&( '  )   !(  !      !8 $      $$(  



      :117 Agenda Item 7

SUSTAINABLE DEVELOPMENT COMMITTEE 27 th October 2011

Tim Goodall e-mail: [email protected]

References: P/2011/0634 00893/A/S1

Address: Tara House Montessori School, Wilson Walk, Prebend Gardens, Chiswick, W4 1TP

Ward: Chiswick Homefields

Pro posal: Erection of timber and polycarbonate sheet canopy

Drawing numbers: PC-10-073/TDN04, PC-10-073/TDN05. Received 3rd March 2011.

Layout Plan revision 2. Received 14th October 2011.

Layout Plan pages 1-2. Received 18 th October 2011.

Application receiv ed: 3rd March 2011

1.0 SUMMARY

1.1 The application proposes the erection of a timber and polycarbonate frame canopy that would be attached to the east and south elevations of the existing single storey building. The proposal would be located over the existing outdoor play area. The canopy would provide for structured play and lessons in inclement weather. It is considered that the proposal would not harm the appearance of the building or the surrounding area. It is therefore recommended for approval, with safeguarding conditions.

2.0 SITE DESCRIPTION

2.1 The site is located in a triangular piece of land on the southern side of Wilson Walk in Chiswick. The site contains a single storey L shaped building, the 3rd Chiswick Scout Headquarters. The building is also used as the Tara House Montessori School, a pre-school nursery.

2.2 The building is located in the north eastern corner of the site and has a staggered eastern elevation. The building is set back a minimum of 1.8m from the eastern boundary.

2.3 The existing building is of red brick construction with a dual pitched roof. To the south and east of the site is a paved outdoor play area that is accessed via a door on the eastern elevation of building.

2.4 Wilson Walk is a narrow pedestrianised lane that runs west to east directly south of Stamford Brook London Underground Station. The street connects Prebend Gardens to the west with Stamford Brook station. There is pedestrian access through the station to Goldhawk Road.

118 2.5 The north side of Wilson Walk is characterised by commercial properties located under the elevated railway arches. The south side of Wilson Walk has a steel boundary fence and entrance gate to the site.

2.6 The western boundary of the site is shared with the rear garden boundaries of the properties along Prebend Gardens.

2.7 The site is not located within a conservation area. The southern boundary of Stamford Brook conservation area is located to the north of the site, directly north of the elevated railway arch.

3.0 HISTORY

3.1 00893/A/P1 Erection of new W.C. accommodation to boy scouts H.Q.

Granted 17.11.1967.

3.2 00893/A/P2 Demolition of existing building and erection of single storey building to provide new scouts headquarters

Granted 23.05.1976

3.3 00893/A/P3 Erection of temporary Boy Scouts headquarters building (third Chiswick Scout group)

Granted 12.06.1978

3.4 00893/A/P4 Retention of temporary Boy Scouts headquarters building

Granted 08.08.1979.

2.5 00893/A/P5 Part use of premises as children’s day nursery

Granted 03/02/1982

2.6 00893/A/P6 Demolition of existing outbuilding and erection of a single storey extension to scout hut to provide toilets facilities.

Approved 16/07/2001

4.0 DETAILS

4.1 The application is for a canopy attached to the south and east facing elevations of the building. The proposed canopy would be timber framed with polycarbonate sheeting above.

4.2 The existing building has a dual pitched roof that is 4.63m high at the ridge.

119 4.3 Further amendments have been received by the applicant to reduce the height of the canopy to the following dimensions:

4.4 The canopy would have a dual pitched roof that measures 2.2m in height at the eaves on the eastern side and 2.35m in height at the eaves on the western side. The canopy would be 3.05m in height at the roof ridge.

4.5 The canopy would be 14.05m in length and would be set in 1.18m from the southern boundary of the site. The canopy would be set in 1.1m from the eastern boundary of the site.

5.0 CONSULTATIONS

5.1 Twenty six neighbouring properties were notified on 31 st March 2011. Two objections were received as a result of the application. The comments and a response are detailed in the table below.

Objection Response

Excessive height/ the structure is The proposal has been amended to too large reduce the height and set it further away from the boundary.

The applicant has offered further amendments to reduce the height of the canopy by an additional 0.15m. The further amendments have been accepted and are the proposed dimensions included in paragraph 4.4.

Accordingly the proposal is now considered to be acceptable.

Loss of light, noise and privacy The proposal would result in no loss of daylight and sunlight to any habitable rooms.

The existing use of the site is as a children’s nursery, which includes significant outdoor play areas. It is not considered that the introduction of a canopy would unduly increase noise and disturbance to neighbouring properties as it would cover an existing play area as well as providing cover for outdoor equipment.

The proposal would retain the existing boundary fence to the east and therefore there are no new privacy concerns.

Suitability of outside area for The proposed canopy is considered to 120 structured lessons enhance the existing outside area that is currently used for outdoor play. The proposed canopy would enhance the existing facilities available.

5.2 Since the objections were received, the application has been drawn to members' attention on the weekly objections list of 12 th – 19 th August 2011 and there has been a member request to determine the application at committee which the Chair of the Sustainable Development Committee has agreed to be heard at Committee.

6.0 POLICY

6.1 Determining applications for full or outline planning permission

When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

6.2 The Development Plan

The Development Plan for the Borough comprises the Council's Unitary Development Plan (UDP), the Brentford Area Action Plan and the London Plan. The UDP was adopted in December 2003 and was amended and saved as of 28 September 2007 by direction from the Secretary of State. The Brentford Area Action Plan was adopted on 27 January 2009 and has superseded the following Implementation Policies contained in UDP Chapter 2: IMP.2.1 and IMP.3.1. The London Plan was adopted on 22 July 2011.

6.3 The emerging Core Strategy On 12 July 2011, the Council's Cabinet approved that the Core Strategy "Preferred Strategy" should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that very limited weight can be given to it at this stage.

6.4 The draft National Planning Policy Framework

The draft National Planning Policy Framework (NPPF) was published for consultation on 25 July 2011. The NPPF is a consultation document and, therefore, potentially subject to amendment. Nonetheless, as emerging policy, the Local Planning Authority (LPA) considers that the NPPF is capable of being a material consideration. As the Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled and given that the NPPF is still in the consultation stages, the LPA considers that very limited weight can be given to the NPPF at this stage. 121 6.5 Unitary Development Plan

ENV -B.1.1 New Development

C.4.2 Day Nurseries

6.6 Supplementary Planning Guidance 1997 Supplementary Planning Guidance: The guidance contained within the Supplementary Guidance was subject to formal public consultation and unlike normal SPG was subject to an inquiry process and consideration by a government inspector. The Inspectors report recommended the appendices be removed from the plan, as they added to its bulk, cost and complexity and may well have consumed further resources at the first review of the UDP. He also considered that they could stand alone away from the main plan as SPG. This was the course of action to be taken by the Council. During the consultation process, objections were received from individual house builders and the HBF. The guidance was amended as part of the process. The Council did not therefore consider it necessary to re-consult on this proposed guidance, but simply to use the guidance in light of the suggested amendments and the Inspector’s comments. 6.7 Unitary Development Plan Supplementary Planning Guidance Section 6: Baby and Child-Care Facilities.

7.0 PLANNING ISSUES

7.1 The main planning issues to consider are:

• The acceptability, in principle, of the proposal;

• The impact of the proposal on the appearance of the building and on the character of the surrounding area

• The impact of the proposal on the amenity of neighbouring properties.

The acceptability, in principle, of the proposal

7.2 Proposals are deemed acceptable providing they comply with the relevant UDP Policy. Policy ENV-B.1.1 aims to ensure that new development relates well to the site and the character of the area in terms of size, scale, materials and design.

7.3 Policy C.4.2 of the UDP states that the provision of adequate outdoor space and a play area should be considered when planning permission is granted for Day Nurseries.

7.4 Section 6 of the UDP Supplementary Planning Guidance states that the outside play areas of Nurseries should have a covered area to allow children to play in the shade or shelter from the rain.

122 7.5 The proposed canopy would be project over an existing paved area that is used by the Tara House Montessori Nursery for outdoor play. The proposal has been reduced in height and is now considered to relate well to the site in terms of its size and scale. Therefore, the proposed development would enhance the existing children’s nursery by providing shelter for outdoor play, it is acceptable in principle.

The impact of the proposal on the appearance of the building and on the character of the surrounding area

7.6 The canopy would be set down from the main roof ridge by 1.4m and would be set in from the east and south boundaries of the site. The proposed canopy would be constructed over the existing outdoor play area. The outdoor play area already has an informal appearance, with decorated fencing, a small picket fence and a recessed timber seating area. It would be compatible with the scale of the existing building and is of lightweight construction with no walls, ensuring it would appear secondary to the existing building.

7.7 The proposed canopy would not be visible from the public highways on Prebend Gardens or Goldhawk Road. The canopy would be predominantly obscured from public view from Wilson Walk due to the existing structures and trees. The canopy would be partially visible from the elevated westbound platform at Stamford Brook Underground Station.

7.8 The character of the area is primarily residential with properties to the east and west of the site. However there is a substantial amount of non- residential activity within the buildings to the north. This includes the commercial properties on the north side of Wilson Walk, the Underground station and the site itself. Given the existing development in the surrounding area, it is considered that the proposal would not have an adverse impact on the character of the surrounding area.

The impact of the proposal on the amenity of neighbouring properties

7.9 The proposed canopy would be 3.2m high and set back 1.1m from the rear boundary of the rear gardens of the neighbouring properties on Goldhawk Road to the east of the site. Due to the adjoining rear gardens on Goldhawk Road, the nearest windows would be over 15m away from the single storey structure. Accordingly, the proposed canopy would not result in the loss of daylight or sunlight to any to any habitable rooms of neighbouring properties.

7.10 The proposal, which would be visible from the rear of the houses on Goldhawk Road, would be lower than the existing building. The canopy would be set 1.1m off the boundary and over 15m from the rear elevations of the properties on Goldhawk Road and would therefore not appear as overbearing in nature.

7.11 The existing eastern boundary fence of the site, which is a 1.8m high fence, would be retained, ensuring there would be no loss of privacy to the neighbouring properties to the east. The proposal is therefore in accordance

123 with Policy ENV-B.1.1 of the Council’s Unitary Development Plan as there would be no significant impact on neighbour’s living conditions.

8.0 EQUALITIES DUTIES IMPLICATIONS

The Council has to give due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, which is available at:

http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/en vironment_eias.htm it is considered that there will be no specific implications with regard to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.

Relevant Section of All Other Minor Development Relevance Test

9.0 CONCLUSION

9.1 It is considered that the proposed canopy would be consistent with the Unitary Development Plan policies and Supplementary Guidance as it would remain secondary to the original building, have no adverse impact on the neighbouring properties and enhance the existing day nursery facilities. Approval has been recommended.

10.0 RECOMMENDATION:

APPROVAL

Reasons:

1. The proposed canopy would not adversely impact on the appearance of the building or the amenity of the surrounding properties. The canopy is considered to be consistent with Policy ENV B.1.1 (New Development) and ENV C.4.2 (Day Nurseries) of the Unitary Development Plan and Section 6 of the UDP Supplementary Planning Guidance.

Conditions:

1 A1A The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990.

2 B5 The proposed development shall be carried out in all respects in accordance with the proposal contained in the application and the plans submitted therewith and numbered PC-10- 073/TDN04, PC-10-073/TDN05, received 3 rd March 2011, Layout Plan revision 2, received 14 th October 2011, Layout Plan pages 1-2, received 18 th October 2011 and approved by 124 the Local Planning Authority, or as shall have been otherwise agreed in writing by the Local Planning Authority.

REASON: To ensure the development is carried out in accordance with the planning permission.

Background Papers: The contents of planning file referenced on the front page of this report, save for exempt or confidential information as defined in the Local Government Act 1972, Sch. 12A Parts 1 and 2

125 Linkenholt

EP

1 13 to 18 to 13

2

Mansions Stamford

Court 7 to 12 to 7

Und 59

CW 1 to 6 to 1 BSs 42 126 to 1 10 8 2 TCB 16 Letter Box 4.9m 5.1m VAUGHAN AVENUE

Def

1

11 15to20 19 23

21

2b 40 2h

Shaftesbury Terrace

3 47

El Sub Sta 373 Mansions

GOLDHAWK ROAD 375 1 to 6

Stamford Brook

PH 1

SL SL Viaduct SL MP 0.75 SL Stamford Brook Station

SL 37 WILSON WALK

MP 7.5 377

5.1m 36 Scout Hut 13

378 5.4m

12 389 47 to 52

25 TCBs

24

53 to 58 6 59

to PREBEND GARDENS 62 to 67 392

GL Asly Const, Boro Const & LB Bdy

61 397

1 2 399

14

EK

RAVENSMEDE WAY 13

Prebend Surgery 1 Studios 399a

Letter 68 Box to

71 to 79 70

3 5.3m 4 350 350a

404 El Sub Sta 407

80 to 85

2 5.6m 1

BS

TCB Bank

417

360a 360

362 PH 2 366 86 372 370 12

89 94 to to PH 20

88 22

7 to 15 to 7 30 to 36 5.6m 5.5m

TARA HOUSE MONTESSORI SCHOOL WILSON WALK, PREBEND GARDENS, W4 1TP

London Borough of Hounslow Mike Jordan c Crown copyright. All rights reserved 100019263 2011 Director of Environment, The Civic Centre, Lampton Road, Hounslow, TW3 4DN

Drawn by: S.C. Scale1/1250 Date 19 - 10 - 2011 O.S. Reference - TQ2178NE 126  Agenda Item 8

SUSTAINABLE DEVELOPMENT COMMITTEE 29 th September 2011 Shane Baker e-mail: [email protected]

References: P/2011/1207 00503/B/P28

Address: Dukes Meadow Golf Club, Dukes Meadow, Dan Mason Drive, Chiswick, London W4 2SH

Ward: Chiswick Homefields

Proposal: Retrospective planning permission for the reinstatement of nine tennis courts with associated fencing, surfacing and floodlighting and the seasonal erection of a demountable, air cushioned, dome over five tennis courts

Drawing numbers: Design and Access Statement, Flood Risk Assessment, Received 27 April 2011 Designations (Figure 1), Public Rights of Way and Viewpoints (Figure 2), Viewpoint 1 - Summer (Figure 3), Viewpoint 1 – Winter (Figure 4), Viewpoint 2 – Summer (Figure 5), Viewpoint 2 – Winter (Figure 6), Viewpoint 3 – Summer (Figure 7), Viewpoint 3 – Winter (Figure 8), Viewpoint 4 – Summer (Figure 9), Viewpoint 4 – Winter (Figure 10), Viewpoint 5 – Summer (Figure 11), Viewpoint 5 – Winter (Figure 12), Viewpoint 6 – Summer (Figure 13), Viewpoint 6 – Winter (Figure 14), Viewpoint 7 – Summer (Figure 15), Viewpoint 7 – Winter (Figure 16), Viewpoint 8 – Summer (Figure 17), Viewpoint 8 – Winter (Figure 18), Viewpoint 9 – Winter (Figure 19), Zone of Visual Influence (Figure 20), Received 27 April 2011

5050-002C (Proposed Site Plan), 5050-004D (Proposed Plan), 5050-005C (Proposed Elevations), 5050-006A (Proposed Roof Plan), 09A (Air Hall Screening Proposal), Received 27 April 2011

Phase 1 Desk Study, Received 5 August 2011 Landscape and Visual Appraisal, Planning Supporting Statement, Travel Plan, Lighting Impact Assessment, Energy Statement, Very Special Circumstances, Airhall Lighting Specification, Sustainability Checklist, Transport Statement, Received 27 April 2011

Application rece ived: 6 June 2011

127

1.0 SUMMARY

1.1 The application seeks retrospective planning permission for a new tennis facility. The facility includes nine tennis courts, fencing and floodlighting and a temporary demountable dome over five of the courts. The dome, which is currently erected, would be in place for half of the year to provide an all-weather tennis facility. The private facility is affiliated with the Lawn Tennis Association, providing expert coaching and an academy for junior players as well as being open to the public on a ‘pay per play’ basis. New landscaping screening within the site is also proposed.

1.2 The Unitary Development Plan (UDP) designates the site as Metropolitan Open Land (MOL) where only certain uses, compatible with its open character, are deemed appropriate. Although the tennis courts are compatible with the outdoor recreational use of the MOL, the dome structure is an inappropriate use as it creates a large indoor recreational facility that is harmful to the MOL. Such inappropriate development may be acceptable where it is demonstrated there are very special circumstances that would justify the development and outweigh any harm caused to the MOL.

1.3 The applicant argues that the dome would not be harmful to the openness of the MOL, and that there are also very special circumstances that justify its provision on MOL, as the facility provides a tennis centre of excellence that meets a need for affordable all year round tennis in the region and that it would be accessible at low cost to local children and schools, providing increased sporting and recreational opportunities.

1.4 An application to retain the same development was refused in 2010. Since then further discussions were held with the applicant to review whether there were very special circumstances and possible measures that would mitigate the impact of the development. This application follows from those discussions. However, refusal of the application is again recommended, as the development is inappropriate in MOL and is harmful to its openness and character, and the applicant has not satisfactorily demonstrated that there are very special circumstances that would justify the inappropriate development at this location.

1.5 As the structure does not have planning permission, authorisation is also sought for planning enforcement action to be taken to remove it and reinstate the land to its former condition.

2.0 SITE DESCRIPTION

2.1 The application site is the Dukes Meadows Golf Club, in particular two separate areas to the east and west of the existing pavilion. The site is located to the northern side of Dan Mason Drive, which runs alongside the River Thames at Dukes Meadows. A map showing the site and surrounding area is given in Image 1 below.

2.2 The site was formerly known as the Ibis Sports Club operated by Prudential and had playing fields, squash courts within a single storey pavilion and outdoor tennis courts. Since the early 1990s the site has

128

been used as golf club with a driving range. Existing tennis courts were converted to practice chipping areas.

2.3 The site is reached by Dan Mason Drive, which has a junction with Great Chertsey Road to the northwest of the site. There is a vehicular access from Dan Mason Drive to a car park (around 160 spaces) and single storey pavilion (former clubhouse), the latter containing club facilities providing changing areas, refreshments, pro-shop, function room, health treatments and training facilities. The hours of opening are from 7am to 10pm seven days a week.

2.4 Five synthetic surfaced tennis courts have been provided in a rectangular area immediately to the west of the existing pavilion. An inflatable dome currently covers these courts. A row of evergreen trees bounds the southern side of these courts. Four clay surfaced tennis courts have been provided to the east side of the existing car park, which extends eastwards from the pavilion. The land to the north, east and west of the pavilion and tennis courts is predominantly open and is used as a golf course and driving range with a small lake lying to the north of the pavilion.

2.5 The surrounding land of Dukes Meadows is used for outdoor recreation, with the area between Dan Mason Drive/The Promenade and the river being designated as a nature conservation area within the UDP. This area includes the land in front of the Golf Club.There are allotment gardens to the south of the golf course, boathouses along the river foreshore, and playing fields (hockey, football, rugby and cricket) separated by lines of trees and hedging. The existing driving range is floodlit and a number of other playing fields and courts in Dukes Meadows have floodlights. Further northwest of the site railway lines cross the land. There are also a number of other multi-sports facilities such as the Esporta Riverside Club and the Civil Service Sports Club, the former including a seasonal demountable dome that covers three tennis courts.

2.6 The nearest residential areas in the Borough to the site are to the north in Staveley Gardens and northwest off Hartington Road. Nearer residential areas are found on the opposite riverbank in Mortlake where there is also a large historic brewery (Stag Brewery – now closed).

129

Image 1: Dukes Meadows

3.0 HISTORY

3.1 The site was formerly used as a sporting club with playing fields, tennis and squash courts. Since the 1990s it has been used a golf club and driving range, the tennis courts being either disused or removed to provide chipping practice areas. The relevant planning history of the site is given below:

3.2 00503/B/P10 Us e of part of playing fields as golf driving range and retention of playing fields on the remainder

Approved 15/9/1993

3.3 00503/B/P11 Construction of 9 hole par 3 golf course

Approved 26/9/1994

3.4 00503/B/AD1 Erection of non -illuminated sign boards

Approved 25/2/1993

3.5 00503/B/AD2 Erection of banner sign

Refused 15/12/1992

3.6 00946/B/P26 Reinstatement of 9 tennis courts, with associated fencing, surfacing and floodlights. Erection of demountable, air cushioned dome over five tennis courts

Withdrawn 16/10/2008

130

3.7 00946/B/P27 Retrospective consent for reinstatement of nine tennis courts, associated fencing, surfacing and floodlighting. Erection of a demountable, air cushioned dome over five tennis courts.

Refused at SDC 26 June 2010

Authorisation to enforce on 26 June 2010

3.8 Following refusal of the application, further discussions were held with the applicant in attempt to explore options for a satisfactory development, and avoid costly enforcement and planning appeals. The applicant was advised that the development had introduced an inappropriate building to the site that was considered harmful to the MOL and would only be justified as an exception, where there were very special circumstances with particular regard to sporting opportunities for the area, especially for children.

4.0 DETAILS

4.1 As per the previously refused application, retrospective planning permission is sought for the development undertaken without consent, which has established a new tennis facility at the site providing nine tennis courts. The site provides a tennis centre of excellence that is affiliated with the Lawn Tennis Association. Courts are provided on a ‘pay and play’ basis with no membership requirements. The development is as follows:

• Provision of nine tennis courts, provided in a group of five to the west of the existing pavilion, and a group of four to the east of the pavilion.

• The group of five courts has an area of 3,102 sq. metres and a blue hard-court resin surface.

• The group of four courts has an area of 2,335 sq. metres and a French clay court surface.

• Mesh fencing (2.75 metres high) around three sides of the five court group and all sides of the four court group.

• Floodlighting around the perimeter of the courts, to be provided on 7m high columns (not fully installed)

• A demountable, air cushioned dome over the five western courts. The dome is made of impermeable fabric and fixed to the ground. Its maximum dimensions are:

Width = 37m Length = 83m Height = 10.5m

• The exterior of its lower third is a dark green colour and the upper two thirds are white.

4.2 The dome would be erected from 15 October to 15 April to facilitate play during the colder months when the weather is not conducive to use. Outside of these months it would be removed.

131

4.3 The hours of use are given as 7:00am to 10:00pm seven days a week, with floodlights to be turned off at 10:00pm. These hours are the same as the existing golf driving range at the site.

4.4 Access would be shared with the existing golf club from Dan Mason Drive and patrons would use the existing car park at the site (which has around 160 spaces).

4.5 New landscaping throughout the site to provide screening is also proposed. The planting semi-mature evergreen trees ranging from 4m to 6m in height, is proposed throughout the existing golf course and along the northern and western perimeter of the dome. The proposed trees (Eucalyptus gunnii and Pinus nigra maritime ).

4.6 Additionally, an evergreen hedge (Laurel) ( Prunus laurocerasus ) is to be planted along the northern side of the dome and alongside Dan Mason Drive.

4.7 The application was accompanied by a Planning, Design and Access Statement, Transport Assessment, Flood Risk Assessment, Sustainability Checklist and a Landscape Visual Appraisal.

5.0 CONSULTATION

5.1 Three site notices advertising the application were posted on 15 June 2011, and the application was advertised in the local press on 24 June 2011. Consultation letters were sent to adjoining and surrounding land users and owners/occupiers, including those people that made a submission in respect of the previous application. The London Borough of Richmond, Greater London Authority, Environment Agency, English Heritage, and Sport England were also consulted.

5.2 Six objections were received, including from the Environment Group of the Barnes Community Association and the West London River Group. A summary of the issues of the objections and a response is given in table 1 below.

Table 1:

Comment Response

Visual impact on riverside and MOL

132

From the Mortlake side of the river it is The appearance of the dome is a serious blot on the landscape totally harmful, especially at night out of keeping with the Dukes when illuminated, to the Meadows area. At night the dome character of the riverside area resembles a gigantic illuminated and Dukes Meadows when condom which lights up the sky and seen from the opposite floods unwanted light into our riverbank. apartment and others nearby. The appearance of the dome is at its worst in the winter months when its visibility is not partially obscured by the foliage on the surrounding trees and illumination of the dome starts in the afternoon as daylight fades and continues towards midnight.

This air cushioned dome and the See above comment. associated flood lighting represent a gross visual intrusion on the views across the river from Barnes as well as being highly visible from other directions e.g. the A316. There is no way that the Council should allow such an appallingly unsympathetic and ugly structure to remain in an important area of open land that is a critical part of the rural vista from Barnes.

It is a monstrous blot on what is See above comment. otherwise a very peaceful, special part of the Thames in SW London. If the dome were lowered below the existing trees it would be more acceptable.

If approved there should be a The proposal includes new condition for plating/ screening with landscaping around the conifers to prevent those on the south perimeter of the dome and side of the river seeing what – when throughout the site. No illuminated at night – looks like a additional planting is proposed gigantic space ship (especially in to the southern side of the winter when there are no leaves on dome. trees).

Use of MOL

133

A building of this kind is NOT suitable The dome building is not for location in an open area of playing appropriate in the MOL and is fields just because games are played harmful to its openness. inside it. Sporting activities are only acceptable in Open Space of this kind when played in the open. If certain sporting activities require an industrial-type building like this one, they should go where they belong, in an industrial area, where buildings like this are entirely appropriate.

Enforcement

The retrospective nature of the Authorisation to serve an planning permission suggests a enforcement notice was calculated disregard of local granted by the Council at the regulations by the golf club. Local same time as the planning residents have been forced to application for retention of the suffer this eyesore for approximately dome was refused in 2010. A two years and those that acted in notice has not been served as disregard of the regulations and the applicant had indicated showed no consideration to the local there were strong grounds in community should be forced to support of very special dismantle the dome without further circumstances that they could delay or prevarication. provide more detail on, and so consideration of a further I am at a loss to understand why the planning application was Council has failed to enforce the considered the most demolition of this monstrosity when it appropriate process. has been through the planning process several times and been rejected on every occasion.

5.3 Barnes Community Association (17 June 2011)

Barnes is not directly impacted by this complex, as it is farther upstream where the river bends. In principle we support the provision of sports facilities, but we consider that this kind of development is inappropriate and out of place here. It damages the environment of the river and riverside. The huge dome, only a short distance across the river from Mortlake in this borough (Richmond), is, when illuminated, an eyesore - horribly conspicuous. It intrudes unpleasantly on both Chiswick and Mortlake riversides. Current environmental thinking is that this kind of complex, with its nine floodlit tennis courts and associated infrastructure, is best accommodated on an industrial site.

5.4 West London River Group (19 June 2011)

We are dismayed at the appearance in Duke's Meadows of the white bubble behind the Golf Club. It is completely inappropriate for Local 134

Open Space and Metropolitan Open Land in the Thames Policy Area beside the tidal River Thames. It has greatly damaged local views in the adjacent Conservation Areas from which it is all too visible, and has similarly damaged all the River views in which it is now an intrusive and unwelcome part. Examples of the serious visual damage it causes can be seen from Hartington Road approaching the junction with the A316 Great Chertsey Road and , from Chiswick Bridge itself, from Mortlake on the other side of the River, as well as from within Duke's Meadows. A building of this kind is NOT suitable for location in an open area of playing fields just because games are played inside it. Sporting activities are only acceptable in Open Space of this kind when played in the open. If certain sporting activities require an industrial-type building like this one, they should go where they belong, in an industrial area, where buildings like this are entirely appropriate. Indeed the white bubble could easily be an enhancement in some industrial areas. The imminent closure of the old Watney's Brewery in Mortlake may well provide an opportunity for the relatively simple conversion of one of the existing large Brewery buildings into the kind of 'Sports Hall' which the Golf Club needs, but is inappropriately located to provide on its own current site in MOL etc. We would encourage the Council to encourage the Club to explore this appropriate alternative. The West London River Group trusts that the Council will resist any attempt to legitimise this visually highly damaging development, and will REFUSE permission, and will take enforcement action for removal of the building as soon as possible. The Group would wish to offer the Council any help it can in protecting the Open Space of Duke's Meadows, and the open Riverside, from urbanisation by inappropriate and harmful development.

5.5 There was a letter of support from the Head of the Lawn Tennis Association, and the application was accompanied by a summary of supportive letters from 65 users sent to the Club (the original letters have not been submitted).

5.6 Comments from statutory bodies and consultees were received as follows:

5.7 Sport England (8 July 2011)

Sport England considers the reinstatement of the site for use a racquet sports facility is a benefit for local community sport. The eastern wards of the LB Hounslow currently have poor accessibility to a range of three or more sports. The tennis courts, which we understand are reinstated on the site previous tennis courts, will assist in improving access and choice to residents whilst being complementary to the adjacent sporting activities. The tennis courts do not result in the loss of any existing playing pitches. Much of Chiswick MOL is primarily used for sporting purposes and sport use provided much of the impetus for the original creation of the open space at Chiswick riverside. Sport England’s Active People Survey shows that Hounslow has a below average satisfaction rate for sport facilities, 44.2% of the 135

residents of Hounslow who were interviewed were satisfied with their sport provision. This is below the satisfaction rate for London at 46.5% and England at 46.2%. This suggests there is a need to improve the type and range of sports facilities and also the time they are available. The air hall will extend the opportunity for residents to participate in tennis during inclement weather and dark evenings. The Active People Survey also shows that 20.7% of the adult population of the Borough are obese and 12.1% o the children of the Borough are obese. Therefore the opportunity to access a wider range of sport facilities can assist in tackling the levels of obesity in the Borough. The proposal includes floodlighting and this is an acceptable development in the context of sports facilities in MOL. National policy on the matter of development in MOL does not preclude floodlighting where it is appropriate and does not impact on environmentally sensitive designations. From the lighting impact assessment we are satisfied that the lux levels proposed are those necessary for tennis.

In light of the above, Sport England considers that the planning application accords with the following exception of our Playing Fields Policy in that: E2 The proposed development is ancillary to the principal use of the site as a playing field or playing fields, and does not affect the quantity or quality of pitches or adversely affect their use. This being the case, Sport England does not wish to raise an objection to this application and would like to offer our support to it.

5.8 Greater London Authority (Mayor of London) (28 July 2011) – Officers of the GLA objected to the proposal , with their recommendation concluding that the development was inappropriate in the MOL, it was harmful to the MOL, and there were not very special circumstances. The Mayor did not agree with this officer recommendation that the ‘very special circumstances’ put forward by the applicant are insufficient to justify the harm to the MOL caused by the proposal, and considered that the application could be determined by the Local Authority without being referred to the Mayor again.

5.9 Environment Agency (9 August 2011) – No objection.

5.10 English Heritage (22 June 2011) – No objection.

5.11 London Borough of Richmond Upon Thames – Acknowledgement received but no final comments received to date. Previously (to P27) there was no objection, subject to all floodlights being fitted with cowlings/protective hoods to prevent glare being viewed across river.

6.0 POLICY

6.1 Determining applications for full or outline planning permission

136

6.2 When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

6.3 The Development Plan

6.4 The Development Plan for the Borough comprises the Council's Unitary Development Plan (UDP), Employment Development Plan Document, Brentford Area Action Plan and the London Plan.

6.5 The emerging Core Strategy

6.6 On 12 July 2011, the Council's Cabinet approved that the Core Strategy "Preferred Strategy" should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that very limited weight can be given to it at this stage.

6.7 The draft National Planning Policy Framework

6.8 The draft National Planning Policy Framework (NPPF) was published for consultation on 25 July 2011. The NPPF is a consultation document and, therefore, potentially subject to amendment. Nonetheless, as emerging policy, the Local Planning Authority (LPA) considers that the NPPF is capable of being a material consideration. As the Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled and given that the NPPF is still in the consultation stages, the LPA considers that very limited weight can be given to the NPPF at this stage.

6.9 London Plan

2.18 Green Infrastructure: The Network of Open and Green Spaces 3.19 Sports Facilities 5.2 Minimising Carbon Dioxide Emissions 5.3 Sustainable Design and Construction 5.7 Renewable Energy 5.21 Contaminated Land 6.3 Assessing Effects of Development on Transport Capacity 6.9 Cycling 6.10 Walking 6.13 Parking 7.2 An Inclusive Environment

137

7.3 Designing Out Crime 7.4 Local Character 7.5 Public Realm 7.6 Architecture 7.17 Metropolitan Open Land 8.2 Planning Obligations 6.13 Parking

6.10 London Plan Supplementary Planning Guidance

Mayor’s SPG Accessible London Mayor’s SPG Sustainable Design and Construction

6.11 Unitary Development Plan 2003 (as amended with saved policies 2007)

IMP.5.2 Thames Policy Area IMP.6.1 Planning Obligations ENV-N.1.5 Protection of Metropolitan Open Land ENV-N.1.6 Metropolitan Open Land: Acceptable Uses ENV-N.1.8 Dukes Meadows/Riverside Lands, Chiswick – Site Specific MOL Policies ENV-N.1.9 Metropolitan Open Land Improvements ENV-B.1.1 New Development ENV-B.1.2 High Buildings or Structures Affecting Sensitive Areas ENV-B.1.9 Safety and Security ENV-W.1.1 Design in the Thames Policy Area ENV-W.1.3 Important Views and Structures in the Thames Policy Area (Chiswick Bridge, Great Chertsey Road) ENV-P.1.1 Environmental Sustainability ENV-P.1.7 Light Pollution ENV-P.2.6 Renewable Energy C.5.1 New Leisure Development C.5.4 New Small Private Sports and Leisure Facilities T.1.2 The Movement Implications of Development T.1.4 Car and Cycle Parking and Servicing Facilities for Developments T.2.1 Pedestrian Access T.2.2 Pedestrian Safety and Security T.4.4 Road Safety

138

6.12 UDP Supplementary Planning Guidance UDP SPG 1997 1.0 Design & Layout 3.0 Safety & Security Guidelines

6.13 Other Policies Thames Landscape Strategy : Kew to Chelsea 2002 (UDP Supplementary Planning Guidance (see Appendix 5 of the UDP))

6.14 National Guidance

PPS 1 – Delivering Sustainable Development PPG 13 – Transport PPG 17 – Planning for Open Space, Sport & Recreation PPS 22 – Renewable Energy PPS 25 – Development & Flood Risk

7.0 ISSUES

7.1 The main planning issues that will be considered are:

7.2 Issue 1: The principle of the proposed development:

(i) Is the development appropriate on Metropolitan Open Land? (ii) What is the impact of the development on the openness and character of the MOL?

7.3 Issue 2: Are there very special circumstances that would justify the development on MOL?

(i) Public access to sports facilities, especially for young people (ii) Cost

7.4 Issue 3: Environmental considerations:

(i) Flood risk and drainage (ii) Contaminated land (iii) Sustainability and energy use

7.5 Issue 4: The impact on living conditions of residents:

(i) Light pollution (ii) Outlook (iii) Noise and disturbance

7.6 Issue 5: The implications for traffic and parking conditions in the locality:

(i) Parking provision (ii) Accessibility

139

Issue 1: The principle of the proposed development

7.7 Planning Policy Guidance 17 says 1 local authorities should ensure that provision is made for local sports and recreational facilities. In considering improvements to open space and facilities, local authorities should:

• Promote the compatibility of the uses made of open spaces and sport and recreational facilities with adjoining land uses; • Encourage better accessibility of existing open spaces and sports and recreational facilities, taking account of the mobility needs in the local population; • Promote better use of open spaces and sports and recreational facilities, by the use of good design to reduce crime; and • For floodlighting, ensure that local amenity is protected .

7.8 Policy C.5.4 of the Unitary Development Plan (UDP) says the Council will encourage the provision of, and improvement to, private sports and other recreational facilities, of an appropriate scale in suitable locations, subject to compliance with other planning policies. Therefore, new sport and recreational facilities are supported, however they must be located appropriately, be accessible and efficiently used, and not harmful to local amenity.

7.9 London Plan (LP) policy 3.19 says that development proposals that increase or enhance the provision of sports and recreation facilities will be supported, but that where such facilities are proposed on existing open space, they will need to be carefully considered in light of policies on Green Belt and protecting open space, as well as the borough’s needs and opportunities for sports facilities and green multifunctional open space.

7.10 The site and surrounding land of Dukes Meadows are designated as Metropolitan Open Land (MOL) by the UDP. Policy ENV-N.1.5 of the UDP states that the Council will safeguard the permanence of MOL within the Borough, with special regard to conserving and enhancing its particular character, appearance, historic and cultural value and its ecological value, whilst increasing access to and enjoyment of these large open spaces. Policy ENV-B.1.1 of the UDP promotes high quality design that enhances the overall environmental quality.

(i) Is the development appropriate on Metropolitan Open Land? 7.11 The UDP lists the main features of the Dukes Meadows MOL as expansive areas of open space, numerous sports grounds, boat houses and recreational facilities, allotment gardens, a burial ground, nature conservation areas and access to and views of the Thames. Policy ENV- N.1.6 of the UDP states that planning permission will not be granted for any development within MOL which is not compatible with its open

1 Paragraph 23. 140

character and defined acceptable uses. The policy states that other than in very special circumstances, permission will only be given for the following uses and ancillary buildings and structures: • public and private open space and playing fields; • open air recreational facilities; • allotments; • nature conservation; • cemeteries; • agriculture and woodlands; and • waterways.

7.12 Similarly LP policy 7.17 that the strongest protection should be given to London’s Metropolitan Open Land and inappropriate development refused, except in very special circumstances, giving the same level of protection as in the Green Belt. It says; “ Appropriate development should be limited to small scale structures to support outdoor open space uses and minimise any adverse impact on the openness of the MOL”.

7.13 The site is also sensitive as it is located within the Thames Policy Area. Policy ENV-W.1.1 of the UDP says amongst other criteria that; development proposals in the area should have regard to the potential prominence and visibility of the development and seek to protect views along and across the Thames. Policy ENV-B.1.2 of the UDP says planning permission will normally be refused for buildings or other structures where it would result in significant harm to the MOL or the Thames riverside.

7.14 The UDP also has site specific policies for the future use of the Dukes Meadows that are given in policy ENV-N.1.8. In relation to the site (which is listed under its former name of the ‘Ibis Sports Ground’), the policy states that the permission will normally granted for development on the site for: • clubhouses; • buildings and structures ancillary to open air recreational facilities; • synthetic surfaced sports and associated areas; • floodlights; and • associated car parking.

7.15 This policy says that as a guide, any built development should cover no more than 25% of the application site area and synthetic surfaces no more than 40% with the remainder as open/ grassed soft landscaped areas. Development should normally be restricted to 4 metres in height (single storey) and must be of a high quality design. Preference will be given to the reuse and renewal of existing built development while appropriate parking should be provided and action should be taken to improve the accessibility of the site by sustainable transport modes, such as walking and cycling. Floodlights should be designed so to ensure that glare, light spillage and visual impact on the environment is minimal, with the floodlight columns to not exceed 7 metres in height, and with lamps

141

to be directed downwards and to have hoods of a suitable colour and design. This policy also requires the impact of increased traffic to be taken into consideration when assessing the appropriateness of development.

7.16 With regard to the above policy, the four clay tennis courts that have been provided to the east of the existing pavilion are considered appropriate development, as they are an open air recreational facility and cover only a small area of the site with a synthetic surface. The floodlights associated with these courts are also acceptable in principle, though their impact on the surrounding environment will be considered in more detail below. Traffic impacts are also discussed below.

7.17 The five tennis courts and proposed floodlights to the west of the pavilion (presently covered by the dome) are appropriate development for similar reasons. This area was previously used for tennis courts and the reinstatement of tennis courts is welcomed as it restores a sporting facility to the site. However, the dome over the courts would not fall within the defined acceptable uses for the MOL or the list of appropriate developments from the site specific Dukes Meadows policy (ENV-N.1.8), as it is not a building or structure ancillary to an open air recreational facility. Instead it creates an indoor recreational facility, albeit for only half of the year.

7.18 Therefore the tennis dome is inappropriate development in the MOL. Consideration needs to be given to what harm this inappropriate development has on the character, appearance, historic and cultural value and its ecological value of the MOL, and whether there are very special circumstances that would justify it, outweighing the harm from the inappropriateness of the development and any other harmful impacts from the development.

(ii) What is the impact of the development on the openness and character of the MOL?

7.19 The dome that has been erected covers five hard surfaced tennis courts located to the west of the existing clubhouse. The dome is a building made of impermeable fabric and fixed to the ground, with a maximum height of 10.5m above ground level. It is 36.5 metres wide by 83.5 metres long. The exterior of its lower third is a dark green colour and the upper two thirds are white. It is to be erected from 15 October to 15 April to facilitate play during the colder months. Outside of these months it would be removed. The applicant advises it remained erected beyond these dates to allow for its impact to be assessed.

7.20 The applicant has submitted a Landscape and Visual Appraisal 2 for the tennis dome. This appraisal, which accounts for night views and winter conditions, identifies key locations where views would potentially be affected by the dome. It then considers the importance of these locations (view receptor points), taking into account:

• The location and context of the viewpoint;

2 ‘Dukes Meadows Tennis: Landscape Visual Appraisal’, 22 March 2011. 142

• The number of people affected and the intervening distance; • The occupations/activity and consequent expectations of the receptor groups and the degree to which that group is tolerant to change; and • The consensual importance of the view including from cultural, historical, archaeological, recreational and leisure associations .

7.21 The magnitude of change to the view is then considered, for example a large, moderate or negligible change, before the significance of the visual effect is determined by a combined evaluation of the visual importance and magnitude of change for each location.

7.22 The applicant’s visual appraisal concludes that views towards the dome would not be significantly affected during either day and night, owing to existing screening from landscaping in most directions and the distance from viewpoints. The exception is for views from open land to the north of the Golf Club, where the full length of the dome would be apparent. The appraisal goes on to say 3 this area to the north of the dome is, “…used by people for recreation where they will be concentrating on the recreational activity and probably not focussed on the views ”. The assessment considers the impact to be slight. The appraisal notes some impact from floodlighting of the dome at night but considers that the extensive existing floodlights of the existing driving range at the site and other parts of Dukes Meadows reduces the significance of the impact.

7.23 The assessment method undertaken by the applicant is satisfactory as it covers the areas where the new structure can be seen. The following paragraphs provide details of officer assessment of the visual impact of the tennis dome, discussing the change to the quality of the landscape as seen from surrounding areas.

Impact on views from riverside and opposite bank of the Thames

7.24 The nearby Thames is a very important element of the Dukes Meadows landscape and its character is specifically recognised as worthy of special protection by policies that relate to the Thames Policy Area. Views along and across the Thames should be protected from development that would harm their quality. The Thames Landscape Strategy Kew to Chelsea identifies the site in Character Reach No.2- Mortlake, Barnes and Dukes Meadow. This cross boundary area (covered in part by the boroughs of Hounslow and Richmond) shows how one side of the reach cannot be divided from the other and how dependent, in landscape character terms, each bank is on the other. An unsuitable development on one side will have a negative impact on the other bank. Dukes Meadow is cited as an example of issues in evolving riverside open space, and is described as “ a patchwork of sports and playing fields, together with a golf club…The proliferation of fences and boundaries between the different sports clubs and facilities contribute to the poor visual quality of the area. At night the floodlights of the golf driving range are intrusive. The hanger like structures of the Riverside indoor tennis centre are visually intrusive. The view of high mast

3 Paragraph 1.9. 143

floodlighting is also unattractive .” The following statement from Page 4.24 is important:

“A consortium of local sports clubs, led by Hounslow Hockey Club, is proposing using Chiswick Boathouse as a “super clubhouse…together with two-all-weather floodlit pitches,, which raises the question of the appropriateness of such “urbanised” sports activities on MOL. There will be a requirement to examine the potential impact of more intensive recreational facilities and the potential for appropriate mitigation and siting.”

7.25 The applicant says that impacts from this direction are slight to moderate, and acknowledges that viewpoints opposite are in a conservation area.

7.26 The dome is set back from the river bank and is largely screened by the trees alongside the river and especially the evergreen trees that form a high hedge to the southern side of the structure. This separating distance and vegetation ensures that views from both banks of the river are little changed by the development during daytime. The very upper sections appear as a narrow white band in the skyline above the tops of the hedge but this change is not significant. At night the dome is illuminated until 10pm. The internal lighting of the dome makes it glow and it is much more apparent from the riverside as well as taller residential buildings on the opposite bank compared to the pre-development situation. From a number of viewpoints that have unobstructed views across the river, the dome illuminated dome appears incongruous with its less developed surrounds that is open land with trees and only low rise buildings and some floodlights (that face away from the river).

Impact on views from Chiswick Bridge 7.27 Chiswick Bridge, which is a Listed Building and carries the A316 and pedestrians, lies to the southwest of the site and crosses the Thames. Policy ENV-W.1.3 of the UDP lists Chiswick Bridge as one of the important views and structures in the Thames Policy Area and this panorama to the northeast, towards the dome, is a protected view under policy ENV-B.28 of the UDP. These policies states that the Council will seek to protect such structures and their settings from inappropriate development owing to their significant contribution to the riverside character of the Thames and that any development should only be permitted if it does not adversely affect the view. In daytime the separating distance from the dome and vegetation means there is little impact on the views from the bridge. Though in winter when there are no leaves on many trees in front of the dome it will be apparent, and particularly at night when it is illuminated, the dome glows prominently, highlighting the incongruous nature of the structure and adversely affecting views from the bridge.

Impact on views from the west and Great Chertsey Road 7.28 The land to the west of the dome is MOL and is used as part of the golf course. There are scattered trees to the west of the dome and these are mostly deciduous. This means that when the dome is to be erected in winter it will be visible during both day and night. The large size of the

144

dome and its white colour stand out against the openness and natural colours of the landscape. This impact is accentuated at night when it is illuminated, making the large scale of the dome very apparent from this direction. Views from the west of the site are very important as the A316 bisects the MOL and affords views of expanses of open area and trees giving it a rural character and providing an important break between nearby built up areas. The application proposes new landscaping to screen the dome from this direction, but this would not fully screen the dome given its height and width, especially at night when it is illuminated.

Impact on views from the north 7.29 Adjoining land to the north of the dome is used for golf and playing fields. Like the land to the west there are only scattered trees, mostly deciduous, which do little to screen the full length (over 80 metres) and height of the dome (equivalent of three-storeys). From this direction the dome appears as a very large scale building that is at odds with its surrounds which has only a few low rise buildings, large open areas, scattered trees and lines of trees along boundaries. The white upper two- thirds of the structure stand out against the greenery of the open land and trees and rises above the existing single storey pavilion. The applicant acknowledges there would be a significant change to the character of the MOL when the dome is viewed from this direction but argues that people seeing the dome from the north would “…probably not be focussed on the views ”, as they would be playing sport. This argument should not be used to dismiss the significance of the impact as the affect on the openness of the MOL is the primary test and people other than sporting users gain from MOL. Additionally the land to the north of the site is one of the largest expanses of open land of Dukes Meadows so harm to its openness and open aspect is especially significant. The introduction of such a large scale structure conflicts with the rural and open character of the area. At night this impact is accentuated by the illumination of the structure. The proposed landscaping to screen the dome from this direction would reduce some of this impact, however owing to the height of the building and its illumination, effective screening is unlikely to be achieved even with semi-mature trees. The introduction of such a large scale structure to what was formerly a large open area, adjoined by only a relatively small single storey pavilion is considered to be a significant change to the character of the area, which is harmful to the MOL.

Impact on views from the east 7.30 From the east the dome is to a large extent screened by existing trees and the pavilion and is less apparent, though as with other viewing points it is more obvious when floodlit.

Conclusion 7.31 The very large size of the new dome is not in keeping with the character of the MOL, which is noted for its expansive areas of open space and sports grounds. Historically, this site has had only a single storey pavilion. Views of open land from the north and west of the dome are adversely affected by the dome as there is limited screening by vegetation and the large scale of the structure is incongruous with the 145

less developed surrounds, the dome also dwarfing the existing pavilion. At night the excessive size of the structure is accentuated by its illumination, the internally lit structure glowing so that is very obvious from all directions, including the riverside and Chiswick Bridge. Therefore it is concluded that the dome is unduly harmful to the character and openness of the MOL. Owing to the large scale of the structure, proposed landscaping would not satisfactorily mitigate the harm identified above. If approved however, improvements to the environment of the wider MOL should be secured by planning obligations. If refused as per the recommendation, enforcement action to require the removal of the dome is also recommended.

7.32 It should be noted that the context of the dome on the site differs from the approved tennis dome at the Esporta Riverside club, as the Esporta dome is secondary in height and bulk to the much larger indoor tennis club building on that site, and it covers a smaller area (3 courts instead of 5) making it less prominent. The dome on the application site is instead much taller and greater in scale than the existing pavilion and visible from the listed Chiswick Bridge, the A316 and the opposite river bank. The approved dome at Esporta, has a lower height, and is less prominently located at a site that had historically been used more intensively, it being more screened from the wider open area of the MOL by the large club building itself, the nearby elevated railway embankment and vegetation on a raised area between it and the river. The provision of a smaller structure, which would be likely to be able to be screened more effectively was discussed with the applicant, however they declined to consider this option.

(iii) Are there very special circumstances that would justify the development?

7.33 The site formerly operated as the ‘Ibis Sports Club’, with playing fields, tennis courts and two squash courts, the latter provided within the existing pavilion. Since 1992 the site has been occupied by the ‘Dukes Meadows Golf Club’, which provides a golf course and driving range. The tennis courts were converted to practice chipping greens. The development has reinstated nine tennis courts, adding a new sporting facility to the site.

7.34 The applicant contends that the development, which provides high quality, accessible tennis facilities all year round, would address a shortfall in the provision of such facilities in the region and owing to its management arrangements, would provide inexpensive access to elite facilities and coaching for all in the community, especially local children, this community benefit providing very special circumstances that should allow the development. Additionally, it is stated the site is the only suitable location in the region owing to its geographic position and existing facilities.

7.35 As noted in paragraphs 7.11 and 7.12 above, very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. Additionally, PPG 17 says that in considering

146

planning applications within or adjoining open space, authorities should weigh up any benefits being offered to the community against the loss of open space that will occur 4. As the tennis courts are appropriate outdoor recreational uses, the only aspect of the scheme where the very special circumstances argument is relevant is for the large dome. In the assessment of the previous application and other discussions with the applicant, advice was given by officers that the only very special circumstance that might outweigh the inappropriateness and harmful impact of the development would be from significant benefits that may be achieved enhancing sporting facilities in the Borough, which can assist in improving health of residents and increase leisure opportunities, especially young people.

7.36 The applicant has submitted a statement 5 providing detail of the very special circumstances they believe justifies the inappropriate development in the MOL. The circumstances given are summarised in this document as being:

“The identified need, location requirement and local benefits provided are believed to provide the very special circumstances case to justify the retention of the temporary dome…”

Location requirement

7.37 The statement details the reasons for selecting the Dukes Meadows site for the development, concluding that this site was the only suitable location. Their shortlist of essential criteria for the site selection is as follows: • In the region of 10 indoor and outdoor tennis courts

• A clubhouse and or ancillary building space to accommodate offices, café, gym, therapy / physio, reception, changing rooms and pro shop

• Sufficient car parking or public transport

7.38 The statement says this range of facilities were considered essential to create a comprehensive facility that could offer high quality coaching and be attractive to a wide spectrum of the local community and particularly children. Indoor courts were needed to ensure that participation continued throughout the year.

7.39 The statement recognises the constraints applicable to various options from planning policies including designations as Green Belt, MOL and Listed Buildings/parkland. Therefore it is clear that the applicant was fully aware of the planning constraints surrounding erection of indoor tennis courts on protected land, but chose to ignore them on the Duke Meadows site. Therefore the location and existing facilities on the site cannot be used as very special circumstances. Additionally the site selection process appears to have dismissed options that would utilise existing sites that already have all the facilities.

4 Paragraph 16 (PPG 17). 5 Dukes Meadows Tennis: Very Special Circumstances, April 2011 147

Need

7.40 The statement also discusses the need for enhancement of tennis court provision in the UK and the Lawn Tennis Association’s (LTA) desire to increase tennis participation. It states the greatest disadvantage affecting participation in the sport is its dependence on the weather and the availability of indoor courts. The statement says such courts tend to be privately run, usually within private clubs, which presents an immediate financial and cultural obstacle to many sectors of society. The availability of affordable, or public courts, is limited and has become subject to considerable lack of investment and closure in recent years.

7.41 It is noted that i n the local region (the LTA lists South West London under “Middlesex”) there are a total of 17 clubs offering indoor tennis facilities. However of these, only three clubs including Dukes Meadows, offer facilities on a pay-and-play, non-membership basis (the others are Islington Tennis Centre with 6 indoor courts and the Westway Indoor Tennis Centre at North Kensington with 8 indoor courts). Further, of 113 permanent and temporary indoor courts in the London area, only 19 are available on a non-membership basis, with the fees for the private clubs being prohibitively expensive for many.

7.42 In respect of local need, the statement says Dukes Meadows Tennis has been operating from the site for two years and is now used by approximately 700 people per week (more than 2,500 unique users booked courts in 2010 with a peak time occupancy rate of 98% and an off peak occupancy rate of 60%). Amongst them they include approximately 550 children, a large number of which are from the local area. The statement argues the popularity of the centre is a result of its accessibility to the local community, both in terms of location and affordability, combined with the quality of the facilities on offer and the related services to all sectors of the community.

7.43 The statement considers that the lack of sporting provision within the Borough is inadequate to meet need, and that this is supported by research showing:

• 37% of 10-11 year olds within Hounslow are obese. Increasing access to a range of sporting facilities within the borough is one mechanism by which this problem can be tackled. Hounslow Joint Strategic Needs Assessment (2008). • There is a need to improve leisure activities and facilities for children and young people. 47% of parents stated that a lack of recreational facilities was a concern for their children. The Hounslow Community Plan 2007-2010. • 36% of people involved in the panel indicated that the costs of facilities were a barrier to participation in sport. 24% indicated the quality/range of local facilities was a problem. Hounslow Sports and Active Research Strategy 2005-2010.

7.44 The desire of the LTA to improve tennis participation is noted and the facility provides a high quality tennis centre, but this could be achieved

148

through provision of courts in more appropriate locations compliant with planning policy. In respect of southwest London and the lack of accessibility to indoor courts, no comparison with other areas of London or the country is given to enable consideration as to whether the existing provision is lower than other areas.

7.45 Additionally, the statement about local need is not supported by the evidence. LBH PPG17 study (2010) shows that:

• In terms of indoor tennis courts, Hounslow is very well served compared to the rest of London and England. Hounslow has a ratio of 0.13/1000 population compared to 0.06/1000 for London and England (removing the 5 courts in question reduces this to 0.11/1000, which is still significantly better than the London and England figure).

• It is recognised that geographically there is a shortfall in indoor courts, but this in the west of the borough, not in the vicinity of Dukes Meadows – therefore Dukes Meadow is not addressing this shortfall.

7.46 Consideration will need to be given to any benefits resulting from the accessibility to the courts through the ‘pay and play’ system rather than membership, and this will be discussed in the next section, but in respect of the local need for indoor tennis courts at this location, it is concluded that given the existing provision in the area and wider West London region, there are no very special circumstances that would justify the facility at this location.

Local Benefits

7.47 The final element of the very special circumstance argument given in the statement is the local benefits of the facility including its operation as a ‘pay and play’ facility, amateur education and coaching, the elite French Connection Tennis Academy, and participation with local schools and groups with concessionary rates for certain users.

7.48 Government guidance and local policies recognise the benefits to the health and well-being of the community that can result from increased participation in sporting and recreation activities. PPG 17 notes that open spaces, sports and recreational facilities have a vital role to play in promoting healthy living and preventing illness in the community, and in the social development of children of all ages through play, sporting activities and interaction with others 6. PPG 17 requires local authorities to prepare open space strategies that review the quantity and quality of open space and recreation provision and assesses the existing and future needs of their communities. Such a strategy is presently under preparation. Policy C.5.4 of the UDP says the Council will encourage the provision of, and improvement to, private sports and other recreational facilities, of an appropriate scale in suitable locations, subject to compliance with other planning policies.

6 Foreword (PPG 17). 149

7.49 These objectives are incorporated in other local policies. The Hounslow Community Plan 2007-2010 states there is a need to enhance leisure activities and facilities for children and young people and that the health and well-being of children and young people can be improved by promoting active and healthy lifestyle choices 7.

7.50 The Hounslow Children and Young People’s Plan 2007-2010 includes a similar objective as it aims to ensure children and young people have access to a range of sport and leisure activities that promote healthy lifestyles, as well as being supported in building exercise into their daily routines 8.

7.51 The Hounslow Sport and Active Recreation Strategy 2005-2010 also aims to increase participation in sport and improved health and well- being and has objectives to:

• Increase overall participation rates by an average of 1% per year; • Increase participation by all under represented groups; • Provide the structures required for individuals to fulfil their sporting ambition and ability to be physically active; and • Involve key professionals and the local community in raising awareness of the fundamental role of sport and active recreation in maintaining health. 7.52 The nine tennis courts and dome would provide a new all year round sporting facility, with the five covered courts being available for use through winter when bad weather would normally limit their use. Their provision would not result in the loss of another sporting facility as the practice chipping greens can be provided elsewhere on the site.

‘Pay and Play’

7.53 Public access to the courts on a ‘pay and play’ basis is identified by the applicant and Sport England as a key justification for very special circumstances to allow the development. Such a system would be likely to make the courts more accessible to a wider range of people in the community than alternative arrangements such as a private members club where high membership costs may exclude many users, though for the benefit to be maximised for people on lower incomes the facility would need to be well located to public transport.

7.54 Hounslow’s PPG 17 Study 9 notes that in respect of indoor tennis:

“Price is likely to be a barrier to participate for a number of residents as there is only private sector provision. Whilst the commercial market is meeting this type of demand, these courts are not accessible to most of the borough’s residents. However provision of indoor courts is expensive and the Council could provide younger residents tennis through mini

7 Pgs 36-37 ‘Hounslow Community Plan’ 2007-2010 8 Pg 23 ‘Hounslow Children and Young People’s Plan’ 2007-2010 9 Planning Policy Guidance 17 Study, Open Space Volume, LB Hounslow, July2011 150

programmes at sports halls and junior and adult programmes at outdoor tennis courts”

7.55 The tennis courts operate on a ‘pay and play’ basis with no membership. At present a one-hour single indoor court booking costs £16 (off-peak) to £22 (peak) with an outdoor court costing £8 to £10, which compares favourably with other indoor tennis courts in West London where details submitted with the application show relatively high membership joining fees and monthly subscriptions would limit access. Peak time hours are from 9am to 6pm on weekends, and 8am-10am and 4pm-10pm on weekdays and public holidays. The fees are very similar to those of other indoor ‘pay and play’ facilities such as the Westway Centre (£22.50 peak and £16 off peak per court). The centre also provides fee based adult coaching programmes, which are run in groups or individual sessions.

7.56 The applicant has suggested that the prices be secured so that during the next five years the ‘pay and play’ prices will increase by no more than any annual rise in the retail price index (as calculated by the Office for National Statistics Baseline prices at April 2011).

7.57 This offer would restrict the price of hire and ensure that the facility operates as a ‘pay and play’ facility, and could be secured by legal deed. The information submitted indicates that there are few indoor tennis courts in the region that are available without membership of a club and if otherwise satisfactory, this benefit would need to be secured to ensure the permanent usage on a ‘pay and play’ basis at a reasonable cost. However there are numerous outdoor tennis courts within the region available on a ‘pay and play’ basis that are open throughout the year and the region does not have a lack of indoor courts (as discussed above), with the need for the facility in this location not having been satisfactorily demonstrated.

Elite tennis and amateur education

7.58 The site operates an elite academy for junior tennis players and also provides high level coaching for children. The French Connection Tennis Academy (FCTA) is based at Dukes Meadows. It runs a full-time tennis programme with academic education for elite players from 10 years old through to Association of Tennis Professionals (ATP) and Women’s Tennis Association (WTA) tour level. The applicant states that in order for Great Britain to compete with the rest of the world and provide continuous high quality all year round coaching, the indoor courts are necessary. The academy is affiliated with the Lawn Tennis Association (LTA), who recognises it as a high performance tennis centre, one of only 15 in Great Britain and 6 in London, and its high quality has been noted in letters of support from top players and coaches, such as Tim Henman.

7.59 The details of the costs of the provision of elite tennis and high level coaching at the site is not given, although some players are on scholarships it is not clear how affordable the programme is. There are currently 50 young people in the academy, and although obviously of benefit to them, the wider benefit to the local community is not clear and

151

limited information has been given as to the where the members reside, though from the details provided most come from other parts of London, where alternative facilities would be available. It is noted that there is an LTA accredited tennis coaching programme at the nearby Esporta Club in Dukes Meadows

Young people

7.60 As discussed above, enhancement of sporting facilities is encouraged by PPG 17, as well as various policies of the London Plan and UDP, with active recreation promoting healthy living and social development of children of all ages through play, sporting activities and interaction with others.

7.61 The existing Dukes Meadows facility has children’s tennis coaching programmes for all ages and levels. These programmes take place after school on weekdays, and all day at weekends and during the school holidays. The applicant advises that at present approximately 450 children are enrolled in the current term programme, although the facility hopes to increase this number through further joint working with the council and local schools (a further 50 children play tennis without coaching).

7.62 To date the following local schools have participated in free coaching programmes at the site. The school sessions generally take place on a weekly basis and can form part of the children’s regular sports curriculum.

• Cavendish School • Hounslow Manor • Isleworth Town Junior School • Isleworth & Syon School • William Hogarth School • Norwood Green Junior School • Grove Road Primary • Beavers Community Primary • St Mary’s Isleworth • Worple School • Blue School • Edward Pauling Primary

7.63 Other schools, listed below, are or will participate in the centre’s ‘Outreach’ programmes where coaching staff visit local schools as part of their curriculum.

• Heathland School • Strand on the Green Junior School • Our Lady & St Johns RC primary

152

7.64 In addition to these tennis programmes, the site also now offers coaching in golf to the following local schools though full details of charging and access have not been submitted:

• William Hogarth • Belmont School, Chiswick • Chiswick Community School

7.65 Noting the site is poorly located in relation to public transport, the applicant has said that the provision of mini-bus transport would be provided to schools if the development were approved.

7.66 The applicant has offered a minimum of 30 hours court time per week for schools and/or colleges within Hounslow Education Authority without charge on an annual basis. The free coaching programme for local schools is in addition to arrangements with other private schools from the wider region. The provision of free access to high quality tennis coaching is a clear benefit to the local community, enhancing sporting opportunity and participation in the Borough, and is consistent with planning policies that encourage sport to enhance physical and social well-being.

Wider Community

7.67 The applicant also says that they are continuing to pursue further partnership arrangements with the local community, to increase participation by local groups and schools (working with the School Sports Partnership), including those with physical and intellectual impairments. In this regard the site has a relationship with Queens Park Rangers Football Club (Q PR), working with the club to arrange various community activities, including a Christmas party for Q PR’s autistic group, which comprised of a party, golf and tennis coaching. and have regular visits from wheelchair users (including a group from the International Tennis Federation), and is looking to organise various charity events and provision of discounts on court charges for a number of groups in the community, including OA Ps, the police, fire service, NHS and council workers, though details of such discounts has not been submitted.

Conclusion

7.68 The applicant’s arguments in respect of very special circumstances that would justify the inappropriate building on the MOL are that the provision of the temporary dome is integral to the ability to offer the facility as ‘pay and play’ tennis centre, the high standard education and coaching, which includes access for schools and the French Connection Tennis Academy, and also that there is a local need for the facility and that this is the only suitable location available. The latter two reasons have been dismissed as not constituting very special circumstances as discussed above.

7.69 The other reason, which is essentially the local community benefit that arises from the new tennis facility, has a number of elements including that it makes tennis accessible to a wider part of the community as it is operated on a pay and pay basis rather than membership, that it

153

accommodates an elite academy, and that it provides free coaching and discounted rates for schoolchildren and other groups in the community respectively. Of these suggested special circumstances the facility is not the only ‘pay and play’ indoor tennis centre in the region and the elite academy is not considered to be of a wider community benefit or unable to be provided at other sites. The benefit to local schoolchildren’s access to tennis coaching of a high standard is acknowledged, with this providing access to a high quality sporting facility. Securing this access and the free transport (bus) to the site would be a tangible benefit to the local community. However such programmes could be run on outdoor courts through summer months and achieve a similar outcome. There is no information as to whether the dome is necessary for the schools access or needed to subsidise the provision of such programmes for schools or for the site to operate as a ‘pay and play’ facility.

7.70 The applicant has been asked to provide further information on this aspect of their scheme, specifically:

i) Can you please explain how the 30 hours per week is defined, is this determined by the number of courts used, is from the number of players?

E.g would 1 student using the centre for 1 hour be calculated as having used 1 of the 30 hours?

ii) Would these schoolchildren receive coaching (what is the average time on court) and are all provided with equipment?

iii) Of the schools that have already used the programme, what has been the average class size?

iv) What sized vehicle is proposed for the transport of schoolchildren?

At the time of writing a response to these questions has yet to be received from the applicant.

Therefore, although there is a community benefit that would result from the development, with schoolchildren receiving free tennis coaching, at the present time, and given the current level of information provided, this and the other circumstances submitted are not considered to be very special circumstances. When considered individually and cumulatively, these arguments put forward by the applicant as very special circumstances are not considered to outweigh the harm to the MOL.

Officers are awaiting the further information requested. If received, this will be discussed with the Head of Leisure and the School Partnerships Officers, with a view as to whether any community benefit element of the proposal , when cumulatively assessed with other considerations/factors/circumstances creates a set of Very Special Circumstances that outweighs any harm to the character of the Metropolitan Open Land.

154

7.71 If the benefits of having wide access to an additional sporting facility were accepted as very special circumstances that would justify the inappropriate development, public access to the facility would need to be secured by a legal agreement.

Issue 3: Environmental considerations:

(i) Flood risk and drainage 7.72 The site is next to the Thames River on a floodplain, but is protected by existing flood defences. Planning Policy Statement 25 (PPS 25) sets out Government policy on development and flood risk. Its aims are to ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk. UDP policy ENV- P.1.3 states there is a general presumption against new developments generating surface water run off likely to result in adverse impacts such as an increased risk of flooding.

7.73 A Flood Risk Assessment (FRA) was submitted with the application. The FRA says the dome has been designed to account for any potential flooding and would be allowed to flood. It is made of flood resistant and resilient materials and electrical fixtures and switches are located above the 1 in 100 year flood level to prevent damage during flooding. Therefore the FRA says there would be no net loss of floodplain storage compared to the existing tennis courts. The Environment Agency has considered the Flood Risk Assessment and has no objections to the development subject to conditions.

(ii) Contaminated land

7.74 The EA initially raised concerns regarding potential for the development to affect local water quality through disturbance of historic landfill (the site being previously used for disposal of demolition waste, forming backfill to gravel extraction pits. However following receipt of further technical analyses, the EA has confirmed that the site poses a low risk of polluting controlled waters, and there is no objection to the development.

(iii) Sustainability and energy use 7.75 The UDP and London Plan encourage sustainable development through many policies including the promotion of the use of energy efficient building design and materials, re-use of previously developed land and existing buildings, and location of development in or close to town centres and areas with good public transport.

7.76 PPS 24: Renewable Energy sets out the government’s objectives regarding renewable energy and informs policy preparation and assessment of individual planning applications. A key principle is that the provision of renewable energy should be promoted. Policy 5.2 of the London Plan says development should make the fullest contribution to minimising carbon dioxide emissions through energy efficient design and sue of renewable energy.

155

7.77 The tennis dome is a temporary structure, for which the inclusion of on- site renewable energy would be difficult. An Energy Report submitted with the application has evaluated possible sources of on-site renewable energy to meet part of the energy needs of the development. This report has concluded that none of the commercially available renewable energy technologies are suitable for and so it is not feasible to include any energy efficiency measures or renewable energy technology in order to offset the carbon emissions of the development.

7.78 If approved, the poor sustainability of the building might be offset through a contribution to be used for environmental and energy efficiency improvements to other areas and buildings within Dukes Meadows.

7.79 In respect of the natural environment, the tennis courts are synthetic or clay surfaced and they occupy only a small area of the overall site. They have been provided where courts were formerly provided and no significant vegetation required removal, so the impact on biodiversity is minimal.

Issue 5: The impact on neighbours: 7.80 PPS 1 seeks a balance between the benefits of new development and the protection of the surrounding environment. Policy ENV-B.1.1 of the UDP states proposals should make a positive contribution to overall environmental quality

(i) Light pollution 7.81 The application includes the floodlighting of all nine tennis courts, which would be necessary to allow the courts to be used at night. Policy ENV- N.1.8 of the UDP says that on areas or immediately adjoining areas with buildings and hard surfaces, and subject to other policies in the UDP, permission will normally be granted for certain structures that are ancillary to open air recreational facilities, including floodlights.

7.82 In respect of floodlights, the policy states:

“Any floodlights permitted must ensure that glare, spillage and visual impact on the environment is minimal and adhere to the following criteria :

- The floodlighting columns should not exceed a height of seven metres. - The lamps should be directed downwards so as to minimise glare and spillage. - The lamps should have hoods of a suitable colour and design. - Landscaping should be provided capable of screening the floodlights from neighbouring residents, other users of the area and to decrease the amount of glare and spillage. - Reference should be made to policy ENV-P.1.7 (Light Pollution) when proposing floodlighting in the area”.

7.83 Policy ENV-P.1.7 (Light Pollution) of the UDP states that when considering proposals for floodlighting the Council will take account of

156

the effect on the character and amenity of the surrounding area. Where lighting or floodlighting is permissible in principle, factors such as: the appearance of the installation when switched off; the effect of the lighting on residents when lit in terms of sky glow, glare and light trespass as well as the effects on wildlife, including on adjoining land; and the potential noise and disturbance from the associated use of the facilities being lit, will be taken into account.

7.84 Policy ENV-B.1.1 (New Development) of the Unitary Development Plan UDP) seeks to ensure that proposals make a positive contribution to overall environmental quality. The policy lists criteria to which development proposals would be considered against, including the following criterion:

C.4) comply with policy ENV-P.1.7 on light pollution.

7.85 The proposed floodlights to the temporary dome are located on twenty 4m columns, which are removed once the dome is dismantled. No details of other floodlights are given. 7.86 The dome is floodlit by upward lights. This makes the structure glow, which makes it considerably more prominent at night than during the day, highlighting its very large size and contributing to its inappropriateness. This harmful impact at night is apparent from the north and west, where there is less screening of the structure, but also from other sensitive viewpoints including Chiswick Bridge and along the adjacent riverbank, and the Surrey side of the river, the latter including residential development within a conservation area, as the vegetation that screens views during daytime is less effective at night, especially in winter. The impact of the proposed floodlighting on residential areas, which are found across the river, is therefore limited to the potential harm to outlook from the glow of the illuminated dome rather than direct light pollution, this impact corresponding with concerns that large illuminated dome is harmful to the character of the MOL and public views. 7.87 The application is supported by Lighting Impact Assessment 10 . This assessment has considered the compliance of the lighting of the dome against the policies of the UDP and ILE Guidelines 11 , the latter having objective criteria used to measure impacts, though lighting impacts should be considered both objectively and subjectively. 7.88 The applicant’s lighting assessment concludes the development meets all the criteria of the ILE Guidelines, where relevant. This conclusion is not accepted, as the measurements used in the assessment takes no account of medium distance views, where the upper part of the dome would be able to be seen at its brightest, and the report classified the site as being in the category E3 area (medium brightness), which applies to “small town centres and urban locations”. A more appropriate category is the E2 area (low district brightness area), which applies to “relatively dark urban locations”. If the appropriate area category and additional measurements were taken, the proposal may not comply with the ILE

10 Dukes Meadows Tennis: Lighting Impact Assessment March 2011 11 ‘Guidance Notes for the Reduction of Obtrusive Light’, Institution of Lighting Engineers 157

Guidelines, as the current measurement would only just meet category E3 criteria. (ii) Outlook from residential properties 7.89 There is no right to a view, and change to an aspect or outlook from one property due to development of another is by itself not a planning consideration, though impacts on outlook associated with undue enclosure, loss of light and unsightly or inappropriate development can be relevant, and harmful impacts on outlook can correspond with public views.

7.90 During the day the dome structure is harmful to the open character of the MOL from certain aspects, but it is not excessively prominent from any residential properties and does not reduce the openness of the MOL when seen from the closest residential areas (across the river) owing to intervening vegetation and the separating distance to the nearest dwellings. At night, the illuminated dome glows prominently, adversely affecting the character of the MOL and the riverside. Views from residents in Mortlake, on the opposite bank of the river, are correspondingly affected and this contributes to the conclusion the development is inappropriate in the MOL, but by itself the impact on these neighbours’ outlook from the illuminated structure would not warrant refusal of permission.

(iii) Noise and disturbance

7.91 The tennis courts provide a new sporting facility and would increase the intensity of the use of the site, potentially increasing noise and disturbance of neighbours, particularly as the courts are floodlit and would be used into the evening. However, as noted above, the nearest residential neighbours are over 200 metres away, on the opposite side of the river, and given this distance the impact from increased noise and disturbance is not likely to be significant. If approved, conditions regarding hours of use, use of amplified sound equipment and car parking would be recommended to minimise potential disturbance of neighbours.

Issue 6: The implications for traffic and parking conditions in the locality:

7.92 Planning Policy Guidance Note 13 (PPG 13) promotes use of sustainable modes of travel and to discourage use of private cars to reduce traffic congestion and pollution. New development should include the minimum amount of parking necessary to encourage use of public transport as well as walking and cycling.

(i) Parking provision

7.93 Policy T.1.4 of the UDP states that all developments must provide parking and servicing facilities in accordance with the Council’s standards with provision to be made for people with disabilities. The parking standards are a maximum with there being no minimum requirement except in relation to disabled parking. Operational requirements such as space for deliveries and loading must also be met

158

on site. LP policy 6.13 seeks a balance between promoting development and preventing excessive car parking that can undermine cycling, walking and public transport use. Developments should include adequate space for cycles, disabled parking and 20% of spaces should provide electrical charging points to encourage use of electric vehicles.

7.94 The maximum parking standard from Appendix 3 of the UDP is 2 spaces per court, which equates to 18 parking spaces for the development. The site is also used as a golf course with a driving range. The parking standard for these uses is based on the number of patrons, with 1 space per five patrons being applicable. Measures to encourage to cycle use are required by LP policy 6.9.

7.95 The site presently has around 160 car parking spaces, including 7 disabled spaces, in the existing car park, which is not formally marked out. There is no increase in parking proposed. The applicant has submitted a Transport Assessment 12 , which assesses the implications for the local traffic network and parking conditions, using data obtained after the facility opened which has been compared to estimate pre- development levels. The assessment concludes there would be an insignificant increase in traffic and the existing junction has adequate capacity to accommodate the development. In this regard the assessment of the junction of Dan Mason Drive and Great Chertsey Road shows that vehicles entering from Dan Mason Drive are only a small proportion of traffic using the intersection. Ten cycle spaces are proposed. This would meet the recommended 1 space per 10 staff and 1 per 20 peak period visitors but noting the poor accessibility of the site, the amount of cycle parking should be increased. If approved, this would be the subject of a condition as there is ample space available for this to be provided.

7.96 In respect of parking the assessment notes that the existing car park is under-utilised and would be adequate for the golf and tennis facilities. Access would be shared with the golf club using the existing driveway from Dan Mason Drive. Car parking provision and access for vehicles to the site are satisfactory.

(ii) Accessibility

7.97 UDP policy T.1.2 requires development to be readily accessible by sustainable modes of transport with access by walking, cycling and public transport to be maximised. Facilities that encourage these non-car modes of transport should be included in the development. In some instances contributions may also be necessary to upgrade local highways and traffic management schemes to facilitate such modes of transport

7.98 Pedestrian access by residents of nearby areas of Chiswick, Barnes and Mortlake would be possible by pathways along Great Chertsey Road and the Thames Walkway. Dan Mason Drive does not have footpaths however and a contribution to enhance pedestrian routes, where appropriate, would be recommended via a legal deed if the development

12 Dukes Meadows Tennis, Chiswick: Transport Assessment, Savell Bird & Axon, April 2011. 159

were approved. This would be consistent with UDP policies T.2.1 and T.2.2 that emphasise the importance of walking and the safety and security of pedestrians.

7.99 There is a cycleway along Great Chertsey Road and Dan Mason Drive is designated as part of the London Cycle network. The proposal for 10 cycles spaces should be amended to include extra cycle parking, including secure storage. There are also shower facilities available.

7.100 The site has a Public Transport Accessibility Level (PTAL 13 ) of 1b, which is ‘very poor’. The only nearby public transport is the 190 bus on the Great Chertsey Road, which links the area to Richmond and Hammersmith via Mortlake and Chiswick. There are only four buses per hour and the nearest stop is around 350m away, hence the poor PTAL. The nearest railway stations are Chiswick and Barnes Bridge, both more than 1km away. This lack of access would severely limit the benefits that arise from the additional sporting facilities have in terms of accessibility to a wide range of the community as it would mean only people with cars or who live very nearby would be likely to find the facility conveniently accessible.

7.101 The application seeks to address this lack of accessibility by offering to provide a mini-bus and driver to bring schoolchildren to the site. This would improve the accessibility for students, but not for other users and staff. In full use the 9 courts would have 36 players, and the applicant states there are 30 full time staff and 50 part time staff. When used by schools the number of tennis players increases to up to 75 people.

7.102 To encourage walking, cycling and car sharing to access the site a Travel Plan should be prepared for the site. Additionally, a contribution to towards improvements to public transport and or other sustainable modes of transport, in accordance with the requirements of the Planning Obligations Supplementary Planning Document is recommended.

8.0 PLANNING OBLIGATIONS

8.1 UDP policy IMP6.1 states that the Council will seek to ensure that a developer enters into a planning obligation to secure planning benefits related to the proposed development. A payment or other benefit offered pursuant to a section 106 agreement is not material to a decision to grant planning permission and cannot be required unless it complies with the provisions of the Community Infrastructure Levy Regulations 2010 (regulation 122), which provide that the planning obligation must be:

(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

13 The PTAL is a measure of the extent and ease of access to a site by public transport, with a rating of 1 being very poor and 6 excellent. 160

8.2 Accordingly, it is mandatory that each criterion be satisfactorily addressed prior to granting planning permission subject to a section 106 agreement.

8.3 Government Circular 05/2005 provides guidance on the use of planning obligations, which may impose a restriction or requirement, or provide for payment of money from the developer to make acceptable development proposals that might otherwise be unacceptable in planning terms. The Council’s Supplementary Planning Document on Planning Obligations (which was adopted in March 2008) contains guidance on the imposition of planning obligations in compliance with Circular 05/2005. These obligations may offset shortfalls in the scheme or mitigate the impacts of the development.

8.4 Policy C.5.4 of the UDP says that in respect of private sports and leisure facilities, the Council would seek to secure agreements for the public use of private facilities for all local groups where appropriate as these can supplement Council provision.

8.5 The proposal is considered unsatisfactory given it is inappropriate development in the MOL and it would harm its open character. The applicant has submitted a report to demonstrate there are very special circumstances that would outweigh this harm. These details of these circumstances have been considered but it has been concluded that there are not very special circumstances that would outweigh the harm identified.

8.6 Mitigation of the impact of the development through use of planning obligations has been considered, but the scheme includes new landscape screening, and although the local benefit provided from free access to the facility to local schoolchildren is acknowledged, this is not considered to be of sufficient weight to permit the development.

8.7 If very special circumstances were accepted as outweighing the harm from the development, the following planning obligations would be needed to secure the benefits and mitigate impacts, including use of the facilities by local groups and schools.

(i) Public Realm Improvements

8.8 A contribution (£9,300) towards funding of environmental improvements such as new tree planting to enhance the appearance of the area, and improve the condition, safety and security of pedestrian routes in the area.

(ii) Sustainable Transport Improvements

8.9 A contribution (£37,200) towards funding of improvements to public transport, cycleways and pedestrian paths, and the Dukes Meadows Access Strategy, which seeks to enhance the accessibility to Dukes Meadows, particularly from non-car modes of travel.

(iii) Travel Plan

161

8.10 Preparation and implementation of a Travel Plan, which sets out a package of measures aimed at reducing vehicle trips to and from the site and promotes the use of environmentally friendly transport.

(iv) Access for Schools

8.11 Obligation for free or extensively subsidised use of tennis facilities and coaching to local children and schools to facilitate access and encourage sporting participation in sport, and funding or provision of transport to and from the site.

(v) Community Access

8.12 To operate the site on a non-membership basis (‘pay and play’) at reasonable cost, with a minimum amount of court time to be reserved for members of the public.

Applicant’s Planning Obligations

8.13 The applicant has submitted the following draft obligations

(i) Education : A minimum of 30 hours court time per week will be offered to schools and/or colleges within Hounslow Education Authority without charge on an annual basis.

(ii) Public / community access : Dukes Meadows Tennis will not impose membership fees for its users, unless otherwise agreed with the local authority and 70% of the total court time will be made available for use by the general public.

(Court time which is available for use by the public is defined as all court time relating to pay and-play bookings, use of the tennis courts by schools/community groups, training, paid and unpaid coaching and practice sessions open to members of the public).

(iii) Pricing : During the next 5 years pay-as-you-play court prices will increase by no more than any annual rise in the retail price index, as calculated by the Office for National Statistics Baseline prices at April 2011, against which future changes can occur, are set at:

Open-air courts £8 an hour off-peak £16 an hour off-peak Covered courts £10 an hour peak £22 an hour peak

(Hours -Peak time at weekends is 9am until 6pm - Peak time during weekdays is 8am until 10am and 4pm until 10pm)

(iv) Transport : FCTA will fund the provision of a mini-• bus and driver for the purposes of transporting school age children to and from the facility.

8.14 These obligations are not considered to overcome the unsatisfactory impact of the development, however if approved, they would be able to be incorporated into the other obligations referred to in paragraphs 8.6 to 8.10. 162

9.0 EQUALITIES IMPACT ASSESSMENT

9.1 The Council has to give due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, which is available at:

http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/ environment_eias.htm it is considered that there will be no specific implications with regard to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.

Relevant Section of Other large scale development Relevance Test

10.0 CONCLUSION

10.1 The application seeks retrospective planning permission for the provision of nine tennis courts and associated fencing and floodlighting, as well as an inflatable dome that covers five courts. The dome is intended to be used throughout only half of the year to facilitate year round use of the courts, with it being removed for the other half of the year.

10.2 The site is located at Dukes Meadows, which is designated as MOL, where only certain types of development are acceptable. The tennis courts add a new sporting facility to the site and reinstate a former use. Their provision is compatible with policies of the Development Plan for the MOL as they provide an outdoor recreational facility that would not harm the openness and the character of the MOL. However the dome structure is inappropriate development in the MOL as it does not fall within the defined acceptable uses for the MOL or the list of appropriate developments from the site specific Dukes Meadows policy (ENV-N.1.8), it not a building or structure ancillary to an open air recreational facility. Instead it creates an indoor recreational facility, albeit for only half of the year, but on an annual basis.

10.3 Therefore the tennis dome is inappropriate development in the MOL. Although existing vegetation screens much of the dome structure from view from the riverside during the daytime and proposed landscaping would reduce its visibility, it is highly apparent from the north and west, whilst at night it is obvious from all directions and is very prominent and not compatible with the character and appearance of the MOL and the riverside owing to its very large size conflicting with the expansive areas of open space and sports grounds. Environmental and traffic and parking impacts are likely to be satisfactory, though measures to improve sustainable access to the site would be necessary and there would need to be conditions to ensure be no direct light spillage to residential areas that would affect living conditions of residents.

10.4 The applicant argues that the inappropriate development on the MOL is acceptable as there would be very special circumstances relating to the site, the need for the facility and local community benefits.

163

10.5 Although there is benefit from the provision of access and coaching for local schoolchildren, it is not considered that it has been demonstrated that this or the other reasons submitted constitute very special circumstances that would outweigh the harm to the MOL that results from the inappropriateness of the development. Therefore refusal of the development is recommended.

11.0 PLANNING ENFORCEMENT

Expediency in general

11.1 Under Section 172 of the Town and Country Planning Act 1990 (as amended), the Council has the power to take enforcement action where it assesses that a breach of planning control has resulted in material harm in planning terms.

11.2 Guidance as to how to apply this power and when a Council should find enforcement action expedient is contained in PPG18 and Circular 10/97, both entitled 'Enforcing Planning Control'. The government urges local planning authorities to use enforcement action as a last resort. Reports are not brought forward to committee unless it has been concluded that there is no other course of action available. In addition to Government guidance the statutory Development Plan sets criteria against which to judge whether a breach of planning control is unacceptable.

11.3 When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

11.4 Relevant policies of the Development Plan and national guidance are listed in section 6.0 of this report.

Assessment of harm

11.5 As discussed in detail in paragraphs 7.7 to 7.32 of this report, the dome, by reason of its excessive size and location, as well as illumination, is inappropriate development in the MOL, and is incongruous with its surroundings, and so detracts from the character of the MOL and harms its openness.

11.6 Dukes Meadows MOL has special protection in the UDP with specific policies restricting development to that which is compatible with the open character of the land. The site is also within the Thames Policy Area and viewable from a Grade II Listed Building (Chiswick Bridge), adding to its sensitivity.

11.7 Retention of the dome would be contrary to numerous policies of the Development Plan as given in the reasons for refusal of the planning application (see Recommendation A below).

164

11.8 The owner has previously been advised that the structure had been erected without planning permission and was in breach of planning controls, and that if retrospective permission was not granted, then planning enforcement action to require its removal would be recommended. This report has assessed the planning merits of the unauthorised development and has concluded that the dome is not acceptable.

11.9 Therefore, based on the assessment contained in this report it has been concluded that no action short of the proposed enforcement described below can remove the harm caused by this breach of planning control (see Recommendation B).

12.0 RECOMMENDATION A

12.1 That planning permission is REFUSED for the following reasons:

1. The tennis dome is an inappropriate use of Metropolitan Open Land, and by reason of its scale, location and appearance, is harmful to the open character of the Dukes Meadows Metropolitan Open Land and this inappropriateness and harm has not been satisfactorily outweighed by any very special circumstances. The development is therefore contrary to policies ENV-B.1.1 (New Development), ENV-B.1.2 (High Buildings of Structures Affecting Sensitive Areas), ENV-N.1.5 (Protection of Metropolitan Open Land), ENV-N.1.6 (Metropolitan Open Land: Acceptable Uses), ENV-N.1.8 (Dukes Meadows/Riverside Lands, Chiswick – Site Specific MOL Policies), and C.5.4 (New Small Private Sports and Leisure Facilities) of the adopted Unitary Development Plan; policy 7.17 (Metropolitan Open Land) of the London Plan; and PPG 17 – Planning for Open Space, Sport and Recreation.

2. The tennis dome is by reason of its scale, location and appearance, is harmful to views from Chiswick Bridge and to and from the River Thames. The development is therefore contrary to policies ENV-B.1.1 (New Development), IMP.5.2 (Thames Policy Area, ENV-W.1.1 (Design in the Thames Policy Area), and ENV-W.1.3 (Important Views and Structures in the Thames Policy Area (Chiswick Bridge, Great Chertsey Road) of the adopted Unitary Development Plan; and policy 4C.17 (Thames Policy Area) of the London Plan.

3. The proposal does not include sufficient measures for necessary planning obligations to secure public access to the facility, environmental improvements to Dukes Meadows Metropolitan Open Land and enhancement of sustainable transport. This would be contrary to policies IMP.6.1 (Planning Obligations) and C.5.4 (New Small Private Sports and Leisure Facilities) of the adopted Unitary Development Plan; 6A.4 (Priorities in planning obligations) and 6A.5 (Planning obligations) of the London Plan; and PPG 17 – Planning for Open Space, Sport and Recreation.

13.0 RECOMMENDATION B:

13.1 ENFORCEMENT 165

13.2 That the Committee considers it expedient, having regard to the provisions of the Unitary Development Plan, and all material considerations, to grant authority for:

All necessary steps to be taken for the preparation, issue and service of an enforcement notice(s) in relation to Dukes Meadow Golf Club, Dukes Meadow, Dan Mason Drive, Chiswick, London W4 2SH, requiring within three calendar months:

• Removal of the inflatable tennis dome and supporting apparatus; • Restoration of the land covered by the dome to its former state (lawn); • Removal of all resultant debris; and for

The institution of any necessary legal proceedings in the event of non- compliance with the above enforcement notice(s), pursuant to Section 179 of the Town and Country Planning Act 1990; and

The carrying out of works in default under Section 178 of the Town and Country Planning Act 1990 in the event of non-compliance with the enforcement notice, including the recovery of the Council’s costs in carrying out such work; and

So as to ensure that the allegations and requirements in the enforcement notice(s) or replacement enforcement notice(s) accurately reflect (and / or take account of any material changes in) the use or development of the land occurring before service of the said notice(s), authority to amend, supplement and / or delete the allegations and the requirements set out in the Recommendations herein. [A replacement enforcement notice is an enforcement notice issued following action taken pursuant to s.173A of the Town and Country Planning Act 1990, namely the withdrawal of the enforcement notice or the waiving or relaxation of any of its requirements.

166 Sub Sta L Twr 9.3m

4.6m

149

138 147

120

115

109 150

Playground 121

Tank L Twrs

Tank 131 160

163

155 164

7.9m 159

130

Allotment Gardens 125

156

169 170

Stand

182

176

174 5.2m 183

Polytechnic Stadium

7.3m

191 190

Duke's Meadows

Riverside Lands School Playing Fields

7.0m

7.2m

CR

GREAT CHERTSEY ROAD Ward Bdy

7.8m

8.1m The Cottage

Riverside Lands School Playing Fields

GREAT CHERTSEY ROAD

Duke's Meadows

L Twr DOME AND TENNIS COURTS Ibis Sports Ground

7.0m

L Twr

MP TENNIS COURTS Sloping masonry Shingle L Twr Driving Range

Tennis Courts

Pavilion L Twr

Posts

5.8m MP 6.0m

Car Park Miniature Allotment Gardens Rifle Range

Butts 6.0m Posts

5.9m

Allotment Gardens 8.3m 5.7m

Car Park

7.8m 7.7m Track Shingle 7.5m

Outlet Hard Mud Track Mud Sloping masonry Shingle Mean High Water Mud and Sand Hard

Sluice

MP

(PH) Navigation Light

The Ship Jetty SM 4.4m MP Sloping masonry Path River Thames Boro Const & LB Bdy

CCLW

Bishop's Palace (site of) Sloping masonry

SHIP LANE

FB

MP MP Path

Mooring Posts Hard Shingle Sloping masonry Brewery

MP 3.6m 4.4m Terraces Mooring Posts Mean High Water

Hard

1 to 9 Tapestry

Capatus House Court

1 3 73 4 to 23

BULLS ALLEY Boatrace Court 1 to 4 Ripley House 71a Dukes Court 71 Sutapac

House Tapestry 117 5.1m

24 to 32 to 24 11

15 61 to 69 75 3 to 1 101

Chy Court 119 Ashleigh House 3

99 7 32

Ashleigh House 31

DUKES MEADOWS GOLF CLUB, CHISWICK, LONDON W4.

London Borough of Hounslow Mike Jordan c Crown copyright. All rights reserved 100019263 2011 Director of Environment, The Civic Centre, Lampton Road, Hounslow, TW3 4DN

Drawn by: S.C. ScaleN.T.S. Date 11 - 10 - 2011 O.S. Reference - TQ2076 167  Agenda Item 9

Sustainable Development Committee 27 th October 2011 email: [email protected] References: P/2011/1382 00132/A/P11 Address: Playing Fields, Boston Gardens, Brentford,London TW8 9LR Ward: Brentford Proposal: Erection of a temporary artwork structure on either side of M4 motorway Drawing 110513_JBS_LPF_Planning Report, 110513_JBS_LPF_001, numbers: and 110513_JBS_LPF_002; all received 17 May 2011 Application 17 May 2011 received:

1.0 SUMMARY

1.1 The application proposes the temporary installation of an illuminated artwork structure adjacent to both sides of the elevated M4 at the Boston Manor Playing Fields, which is designated as Metropolitan Open Land (MOL).

1.2 The applicant states that sponsorship of the artwork, which is to be erected in association with the lead up to the London Olympic games, would be used to fund improvements to the existing facilities and pavilion at the site. The development is not an acceptable use of the MOL and owing to its scale, siting and illumination, it is considered harmful to the open character of the area and the information submitted is not sufficient to justify there being very special circumstances in respect of sporting benefit that may arise from funding new facilities, which may outweigh the harmful impact.

1.3 Nevertheless the proposed artwork is proposed for only a temporary period, to coincide with the Olympic and Paralympic Games. This special cultural and sporting event is of major international importance, and the proposal is an opportunity to add a high profile piece of public art along a designated Olympic transport route for this period, adding interest to the route and highlighting Hounslow’s role in the games. Therefore subject to conditions and a legal Undertaking that the structure will be removed after the games, approval is recommended.

2.0 SITE DESCRIPTION

2.1 The site is the Boston Manor Playing Fields, specifically two areas of land located adjacent to the north and south of the elevated M4 motorway, and near to the River Brent.

2.2 The land to the north of the motorway has a row of small to medium sized trees adjoining playing fields and an access road, and the land to the south is wooded with medium sized trees and scrub.

168

2.3 The site is designated as Metropolitan Open Land by the Unitary Development Plan. The Boston Manor Playing Fields are accessed from Boston Gardens. Its grounds are used for outdoor recreation including cricket, football, rugby, softball and athletics. There is a part one, part two-storey pavilion located next to the northern side of the elevated motorway.

2.4 An area of land on the southern side of the motorway forming the application site is designated as a site of Nature Conservation of Local Importance. The Grand Union Canal and Boston Manor Conservation Area is nearby but the site is not within a conservation area.

3.0 HISTORY

3.1 The most relevant history is given below.

3.2 00132/A/P9 Erection of building comprising 6 squash courts, bar, gym and ancillary facilities and layout of 4 outdoor tennis courts and construction of carpark

Withdrawn 1980

3.3 00132/A/AD1 Installation of 2 x Temporary advertisement hoardings (6 x 6) mounted to a temporary scaffold structure either side of M4, East & West facing (Total height 14m)

Refused 5 July 2005

Reason: The advertisement hoardings, by virtue of their size, design and scale, stand out as prominent and intrusive features in this sensitive locality, and the proposal is thereby detrimental to the interests of amenity.

3.4 00132/A/P10 Replacement of 6 existing telecommunications antennae with 6 antennae to existing 15m high monopole

Approved 30 July 2010

4.0 DETAILS

4.1 Planning permission is sought for the temporary installation of artwork at Boston Manor Playing Fields, adjacent to both sides of the elevated M4 motorway.

4.2 The applicant advises that the artwork structure is intended to be constructed in time for the lead up to, and the immediate aftermath of the London 2012 Olympic and Paralympic Games, with it to be erected for a maximum of 12 months.

169

4.3 The artwork is to be sponsored with the proceeds to fund the provision of a new sporting pavilion for the playing fields, and to assist on ongoing funding of the owner of the site, the London Playing Field Foundation. The applicant has stated that the existing pavilion on the site is in poor condition and in an inaccessible location with inadequate car parking. Consequently the use of the playing fields and the resultant income for the site is insufficient to sustain the facilities.

4.4 The proposed artwork is comprised of two groups of large posts located adjacent to the north (eight posts) and south (seven posts) of the M4, and at least 6.5m from the edge of the elevated road. The final locations of the posts are to be confirmed, but the location to the north extends alongside the motorway for approximately 55m and is 10m wide. The south location extends adjacent to the motorway for 26m and is approximately 28m wide, and adjoining the River Brent.

4.5 The posts would be rectangular shaped and approximately 18m high, 200mm thick, and 800mm wide. Their faces to the motorway would be clad in turf embedded with LED globes. The posts are to be spaced so that when passed at a certain angle and distance, they would cumulatively form a ‘canvas’ that would allow illuminated images to be seen by people using the motorway. The images would be changed no more than once every 24 hours at a rate that would not be rapid. To adhere to the Highway’s Agencies regulations, the image shall change very slowly, over the period of one or more hours in the early hours of the morning, thus allowing the artwork to present a new image each day.

4.6 The LED globes would be coloured (green indicated at present) and would be controllable to allow for changing images. Additional images may also be formed by configuring the turf planting and painting white lines (as on sporting pitches) on the turf. The posts would be able to rotate mechanically to be shaded from direct sunlight when required to ensure the images are readable throughout the day.

4.7 Suggested images are as local community display board, allowing local residents of Hounslow to ‘post’ images of community, or artwork of London images such as the shape of the River Thames or a countdown to the Olympics. An image of the proposed artwork structure from the M4 is given below.

170

Image 1: Proposed artwork from M4 (view going east)

4.8 At present there is no sponsor for the artwork, however the agent advises that the concept has been presented to Olympic sponsors but at present there have been no firm expressions of interest, although it is expected that interest will be forthcoming. There is no current proposal for the redevelopment of the pavilion on the site.

5.0 CONSULTATION

5.1 Four site notices were erected at and near the site. The Brentford Community Council and Friends of Boston Manor were also consulted, with responses given below.

5.2 Highways Agency (10/6/11)

We do not recommend refusal but if you decide to grant permission then we recommend conditions to the effect of the following:

-Limiting the rate of change to a maximum of 150cd/m 2 per minute, to avoid rapid changes in illumination. -Illumination to be limited to ILE 5 report limit of 600cd/m 2

The reason for each is road safety.

It is our understanding if advertisements were planned to be displayed on the artwork, an application to display advertisements would be required. We would be likely to recommend refusal of any such advertisements due to road safety.

5.3 Brentford Community Council (25/711)

The Planning Consultancy Committee of the BCC met on Thursday 30th June and considered this application along with others.

171

We note the intent to include sponsor's text on these columns arranged either side of the elevated M4, and deplore the application for yet more advertising, thinly disguised as sculpture.

We consider that the height and scale of the proposed "artwork" will exacerbate the existing problem of visual clutter on the skyline at the junction of the M4 and Boston Manor Road.

Even if located elsewhere, we consider that they would detract from the visual amenity of .

For these reasons we request that consent is refused.

5.4 Officer response – It is agreed that the proposed artwork structure would detract from MOL, though it is located some distance from the junction of Boston Manor Road and the M4 and so would not add clutter to that locality.

6.0 POLICY

6.1 National Guidance

PPS 1 Delivering Sustainable Development

6.2 Determining applications for full or outline planning permission

6.3 When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

6.4 The Development Plan

6.5 The Development Plan for the Borough comprises the Council's Unitary Development Plan (UDP), Employment Development Plan Document, Brentford Area Action Plan and the London Plan.

6.6 The emerging Core Strategy

6.7 On 12 July 2011, the Council's Cabinet approved that the Core Strategy "Preferred Strategy" should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that very limited weight can be given to it at this stage.

6.8 The draft National Planning Policy Framework

6.9 The draft National Planning Policy Framework (NPPF) was published for consultation on 25 July 2011. The NPPF is a consultation document and, therefore, potentially subject to amendment. Nonetheless, as emerging policy, the Local Planning Authority (LPA) considers that the 172

NPPF is capable of being a material consideration. As the Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled and given that the NPPF is still in the consultation stages, the LPA considers that very limited weight can be given to the NPPF at this stage.

6.10 London Plan

7.4 Local Character

7.5 Public Realm

7.17 Metropolitan Open Land

6.11 Unitary Development Plan

ENV -B.1.1 New Development

ENV -B.1.6 Public Art

ENV -N.1.5 Protection of Metropolitan Open Land

ENV -N.1.6 Metropolitan Open Land: Acceptable Uses

ENV -B.1.9 Metropolitan Open Land Improvements

T.4.4 Road Safety

ENV -N.2.2 Sites of Regional/ Local Nature Conservation

7.0 ISSUES

7.1 The main issues to be considered are:

Issue 1: The principle of the development Issue 2: The impact of the design and appearance of the development and the character of the area Issue 3: Are there very special circumstances that would justify the development on MOL? Issue 4: The impact on the natural environment Issue 5: The impact on road safety

7.2 The key policies that are applicable and likely matters to be assessed with regard to each of these issues are discussed in further detail below:

Issue 1: The principle of the development

7.3 The site is designated as Metropolitan Open Land (MOL) by the UDP. Policy ENV-N.1.5 of the UDP states that the Council will safeguard the permanence of MOL within the Borough, with special regard to conserving and enhancing its particular character, appearance, historic

173

and cultural value and its ecological value, whilst increasing access to and enjoyment of these large open spaces. Policy ENV-B.1.1 of the UDP promotes high quality design that enhances the overall environmental quality.

7.4 Policy ENV-N.1.6 of the UDP states that planning permission will not be granted for any development within MOL which is not compatible with its open character and defined acceptable uses. The policy states that other than in very special circumstances, permission will only be given for the following uses and ancillary buildings and structures: • public and private open space and playing fields; • open air recreational facilities; • allotments; • nature conservation; • cemeteries; • agriculture and woodlands; and • waterways.

7.5 Similarly LP policy 7.17 that the strongest protection should be given to London’s Metropolitan Open Land and inappropriate development refused, except in very special circumstances, giving the same level of protection as in the Green Belt. It says; “ Appropriate development should be limited to small scale structures to support outdoor open space uses and minimise any adverse impact on the openness of the MOL”.

7.6 Policy ENV-B.1.6 says the Council will encourage developers of large retail, commercial, leisure and residential schemes to provide public art and other environmental improvements as a component of the development proposals. For this application, the proposed artwork is not part of a new development scheme, and would stand alone, though it is intended to fund the later redevelopment of the sporting pavilion on the site.

7.7 The proposed artwork structure does not fall within any of the acceptable uses within the MOL, and as such it is inappropriate development.

7.8 Consideration needs to be given as to what harm this inappropriate development has on the character, appearance, historic and cultural value and its ecological value of the MOL, and whether there are very special circumstances that would justify it, outweighing the harm from the inappropriateness of the development and any other harmful impacts from the development.

Issue 2: The impact of the design and appearance of the development and the character of the area

7.9 PPS 1 gives key principles to be applied to decisions on planning applications to achieve the delivery of sustainable development including design and also says: “ Good Design should contribute positively to making places better for people. Design which is inappropriate its context, or which fails to take the opportunities available for improving 174

the character and quality of an area and the way it functions, should not be accepted’.

7.10 Policy ENV-N.1.5 of the UDP relating to the protection of MOL refers specifically to Boston Manor Park, with its main features being an historic house, grounds and lake overlooking the wooded terraces of the Brent, recreational open space, areas of nature conservation value and views over the Brent and Grand Union Canal

7.11 The proposed artwork structure would be highly visible from within the MOL and the M4 that bisects the playing fields. The groups of posts, which are up to 18m tall (15 in total) and 800mm wide, would be conspicuous additions to the skyline of the existing open area, as they would extend significantly above the existing tree line and the top of the elevated motorway (over 9m higher than road level). The structure would also contain LED globes on each post, which would make the structure more prominent in the landscape and highly visible at night.

7.12 The existing playing fields have no floodlights or fencing between pitches, resulting in a very open landscape. This open area, along with neighbouring land at Wyke Green and creates a clear break from the more intensive urban development found further along the M4 approaching Brentford.

7.13 The proposal would provide an interesting and distinctive artwork installation visible to the public travelling along the motorway where its elements would combine to form artistic images and information. However the large scale and illumination of the artwork is therefore considered detrimental to the existing openness of the MOL noting the existing character of the area, which is formed by large expanses of open land bounded by trees and with few structures apart from the motorway. From within the playing fields the posts would not form any discernable image and would instead add clutter to the skyline.

7.14 The applicant says the proposal would “…create an iconic temporary art structure which would serve to depict a “Gateway to London” erected at Boston Manor Playing Field at a location where the elevated section of the M4 motorway starts to rise at Brentford. This is where travellers first gain an impression of a distinctly urban landscape and the entrance to or leaving point from central London ”.

7.15 The proposal aims to mark the start of the more urban landscape that is entered at Brentford on the way to London, however the edge of the urban area is already very clearly defined by the tall buildings found at Brentford including the GlaxoSmithKline and West London University buildings that are considerably further along the M4. The proposed structure would therefore prematurely mark this edge of development and its introduction effectively extends this urban character into the MOL, which would be detrimental to the existing character of the site.

7.16 The applicant has stated that no advertisements would be displayed on the structure and no application for advertisement consent has been made. Nevertheless the structure would be able to form a ‘canvas’ that 175

would enable the display of images in each direction along the M4 and is a therefore comparable to a large advertisement, Such advertisement structures have been opposed along the M4 in sensitive locations for their harmful impact on the amenity of the area. How the images would be controlled to ensure no advertising content or images are discernable has not been specified. Advertisements at this location would be unacceptable noting its designation as MOL and as an Area of Special Advert Control. Large advertisements would detract from the openness and special character of the MOL. Were the development approved, there would be a need for strict conditions controlling the display of images to ensure that there was not any image discernable as an advertisement.

7.17 Therefore the design and appearance of the proposal would be harmful to the MOL, though this impact would be temporary.

Issue 3: Are there very special circumstances that would justify the development on MOL?

7.18 The proposed development is inappropriate development in the MOL, and harmful to its character. Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

7.19 The applicant states the income generated by sponsorship of the structure will help to fund improvements to the playing field facilities at the site, in particular the existing pavilion, which is in poor condition, as well as other playing fields at risk in West London. This improvement would aim to make the pavilion and sporting facilities more accessible, particular to girls and women, and to increase participation in sport. This would safeguard the long term future of the playing fields and contribute to the health and welfare of residents of the borough.

7.20 Additional benefits stated by the applicant are that the structure would have an Olympic theme and could be a local legacy of the games, that is an example of the ‘Big Society’ with private investment working with a charity to invest in a community resource, and that it would be an emblem of civic pride add a striking piece of public art to the area.

7.21 In regards to the benefits to sporting participation, including for women, there is no proposed redevelopment of the facilities on the site, and so no evaluation of any potential benefits is possible. The likelihood of a community benefit through improved health and well-being is therefore not able to be determined. The value of any sponsorship has not been confirmed so whether it would be adequate to fund redevelopment of the facilities as envisaged is also uncertain.

7.22 The other possible benefits from association with the Olympics and contribution to the ‘Big Society’ are also uncertain as there is no agreed sponsor or amount of sponsorship.

176

7.23 The Olympic and Paralympic Games are obviously a major sporting and cultural event of international importance and although there are no event venues in Hounslow, the route from Heathrow to Central London along the M4 is specifically designated for Olympic use and provides a link between Hounslow and the Games. For a temporary period the proposed artwork, which has been designed by a prominent artist (Jason Bruges), would be a significant addition to the cultural assets of the borough. It would be widely seen along the Olympic route for the temporary period proposed. Associating the artwork structure to the Games through sponsorship may provide a highlight on the Olympic route and draw attention to Hounslow’s identity and involvement as a London Borough. This broader cultural benefit from public art to the Borough for a temporary period is supported, and subject to securing details of the installation and its operation, it is considered an acceptable development for a temporary period, with the special circumstances of the Games being taken into consideration.

7.24 Retaining the artwork permanently would potentially leave a legacy from the Games period to the Borough and a large public artwork, however this would not be acceptable noting the concerns of the appropriateness of the development at this location, and so only a temporary installation is considered acceptable.

7.25 Therefore, although the proposal is inappropriate development in the MOL, there are very special circumstances that would justify the development for a temporary period that outweigh the harm from this inappropriateness and the impact on the character of the MOL.

Issue 4: The impact on the natural environment

7.26 The site is designated by the UDP as a Site of Local Nature Conservation, this applying a corridor of land along the River Brent/ Grand Union Canal. More broadly it is part of a Green Chain, linking with other adjacent open spaces. In this area development should only be permitted where it can be shown that it would not be harmful to nature conservation interests.

7.27 The location of the structure would possibly involve the loss of some trees, though the applicant intends to site the posts so that loss of vegetation is minimal. At most some small trees may be felled and the impact on the natural environment and biodiversity is not likely to be significant given there is space on the site for replacement trees. This will be required by obligation in a Section 106 Deed.

Issue 5: The impact on road safety

7.28 Policy T.4.4 of the UDP says that when considering proposals for development, the Council will consider the implications of the proposals for road safety.

7.29 The proposed artwork would be located alongside both sides of the M4 motorway, which is managed by the Highways Agency. It would be illuminated and capable of forming images visible to drivers on the 177

motorway. The Highways Agency has not objected to the proposal, subject to conditions, but has indicated that any advertisement would be likely to be opposed.

7.30 Therefore, subject to compliance with the conditions of the Highways Agency and controls prohibiting the display of advertisements, the impact on road safety is satisfactory.

8.0 PLANNING OBLIGATIONS

8.1 UDP policy IMP6.1 states that the Council will seek to ensure that a developer enters into a planning obligation to secure planning benefits related to the proposed development. A payment or other benefit offered pursuant to a section 106 agreement is not material to a decision to grant planning permission and cannot be required unless it complies with the provisions of the Community Infrastructure Levy Regulations 2010 (regulation 122), which provide that the planning obligation must be:

(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

8.2 Accordingly, it is mandatory that each criterion be satisfactorily addressed prior to granting planning permission subject to a section 106 agreement.

8.3 Government Circular 05/2005 provides guidance on the use of planning obligations, which may impose a restriction or requirement, or provide for payment of money from the developer to make acceptable development proposals that might otherwise be unacceptable in planning terms. The Council’s Supplementary Planning Document on Planning Obligations (which was adopted in March 2008) contains guidance on the imposition of planning obligations in compliance with Circular 05/2005. These obligations may offset shortfalls in the scheme or mitigate the impacts of the development.

8.4 The proposal is considered unsatisfactory given it is inappropriate development in the MOL and it would harm its character. The applicant has stated that sponsorship of the development would be used to fund improvements to the existing sporting facilities and ancillary pavilion at the site, which along with other reasons may have been very special circumstances if community benefit through increase sporting participation and health and well-being had been proven. There are however no details of the funding or possible redevelopment of the pavilion. Therefore it is not possible to consider planning obligations that link the provision of the artwork structure to the new facilities envisaged.

8.5 Despite this the development is considered acceptable for a temporary period, for the reasons discussed in section 7.0. To ensure the structure is removed after the temporary period finishes, an Undertaking from the applicant requiring removal of the structure and restoration of the land to its former condition after the Paralympics is recommended. Additionally,

178

a plan for the restoration/rebuilding of the pavilion will be required as an obligation.

9.0 EQUALITIES IMPACT ASSESSMENT

9.1 The Council has to give due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, which is available at:

http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/ environment_eias.htm it is considered that there will be no specific implications with regard to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.

Relevant Section of All other minor development Relevance Test

10.0 CONCLUSION

10.1 The proposed artwork structure is inappropriate development on MOL, and owing to its scale and design, it would be harmful to the openness and character of the area if provided permanently. However this harmful impact is outweighed by the temporary nature of the structure, which will provide an interesting piece of public art that would highlight Hounslow’s link to the Olympic Games, recognising a major sporting and cultural event of international importance. These particular circumstances would justify the installation, subject to its removal and the restoration of the site to open land once the Games are finished. Therefore approval is recommended, subject to a satisfactory legal Undertaking be submitted in respect of the temporary nature of the development.

11.0 RECOMMENDATION

11.1 That planning permission be granted subject to the following conditions and securing the abovementioned planning obligations by the prior completion of a satisfactory legal agreement or unilateral undertaking made under Section 106 of the Town and Country Planning Act 1990 and or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Assistant Director Corporate Governance.

11.2 The satisfactory legal agreement or unilateral undertaking outlined above th shall be completed and planning permission issued by 27 January 2012 or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or within Legal Services.

11.3 If the legal agreement or unilateral undertaking is not completed by the date specified above (or any agreed extended period), then the Director of Environment or Assistant Director – Environment Department (Regulatory & Development Services) or Development Control Support Manager is hereby authorised to refuse planning permission for the reason that the proposal should include planning obligations required to

179

make the development acceptable in planning terms in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010, development plan policies and the Planning Obligations SPD, as described in Section 8.0 of this Report.

11.4 If planning permission is refused (for the reasons set out above), the Director of Environment or Assistant Director – Environment Department (Regulatory & Development Services) or Development Control Support Manager (in consultation with the Chair of Sustainable Development Committee) is hereby authorised to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it (a) duplicates the planning application, and (b) that there has not been any material change in circumstances in the relevant planning considerations, and (c) that a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time.

12.0 REASONS

12.2 Although the temporary artwork structure is inappropriate development on Metropolitan Open Land, and by reason of its scale, location, appearance and illumination, it would harmful to the openness and special character of the area, it is proposed for only a temporary period, to coincide with the Olympic and Paralympic Games. This special cultural and sporting event is of major international importance, and the proposal is an opportunity to add a high profile piece of public art along a designated Olympic transport route for this period, adding interest to the route and highlighting Hounslow’s role in the games. These would constitute very special circumstances that would justify the development for a temporary period, and so the proposal accords with policies ENV- B.1.1 (New Development), ENV-N.1.5 (Protection of Metropolitan Open Land), and ENV-N.1.6 (Metropolitan Open Land: Acceptable Uses) of the adopted Unitary Development Plan; policy 7.17 (Metropolitan Open Land) of the London Plan.

12.3 Conditions and Reasons

Conditions:

1. The development hereby permitted shall be removed and the land restored to its former condition (undeveloped with grass and trees) on or before 30 September 2012, with a scheme of work to be submitted to and approved in writing by the Local Planning Authority prior to development commencing.

Reason: To ensure the development is provided for a temporary period in accordance with the planning permission.

2. The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans submitted therewith (110513_JBS_LPF_Planning Report, 110513_JBS_LPF_001, and 110513_JBS_LPF_002; all received 17 May 180

2011) and approved by the Local Planning Authority, or as shall have been otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the development is carried out in accordance with the planning permission.

3. The maximum luminance of the lights shall not exceed 600cd/m².

Reason: In the interests of minimising any adverse affects upon the surrounding landscape and to obviate any hazard to public safety in accordance with policies ENV-B.1.1 (New Development), ENV-P.1.7 (Light Pollution) and T.4.4 (Road Safety) of the adopted Unitary Development Plan.

4. The displays on the all the posts/ panels shall be static and two dimensional only, with no moving or apparently moving images, devices, wording or emblems, and shall not depict any images that resemble road signs or traffic signals unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of minimising any adverse affects upon the surrounding landscape and to obviate any hazard to public safety in accordance with policies ENV-B.1.1 (New Development), ENV-P.1.7 (Light Pollution) and T.4.4 (Road Safety) of the adopted Unitary Development Plan.

5. The lighting display hereby approved, shall not change more frequently than once every 24 hours, with the rate of change for lights to be a maximum of 150cd/m 2.

Reason: In the interests of minimising any adverse affects upon the surrounding landscape and to obviate any hazard to public safety in accordance with policies ENV-B.1.1 (New Development), ENV-P.1.7 (Light Pollution) and T.4.4 (Road Safety) of the adopted Unitary Development Plan.

6. No development shall commence until details of the turf planting to the exterior of the posts/ panels, to include details of the surface coverage proposed, irrigation, maintenance and replacement of turf, and any line marking arrangements, has been submitted to and approved in writing by the Local Planning Authority. The details shall be carried out as approved in writing.

Reason: Reason: In the interests of minimising any adverse affects upon the surrounding landscape and to obviate any hazard to public safety in accordance with policies ENV-B.1.1 (New Development), ENV-P.1.7 (Light Pollution) and T.4.4 (Road Safety) of the adopted Unitary Development Plan.

Informative: i) Advertisement consent would be required for the display of any word, letter, model, sign, placard, board, notice, awning, blind, device or 181

representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and includes any hoarding or similar structure used, or designed or adapted for use, and anything else principally used, or designed or adapted principally for use, for the display of advertisements, in accordance with the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

Background Papers: The contents of planning file referenced on the front page of this report, save for exempt or confidential information as defined in the Local Government Act 1972, Sch. 12A Parts 1 and 2

182 SOUTHDOWN AVENUE

BOSTON ROAD 19a

19

25 CAWDOR CRESCENT SL 15b

12 Boston Parade

156

6

105

Path 14

Ward Bdy 6 to 1 12a 13 5

CR SL

PO

LB 9a 1

TCB 8a 13 2

1 TCB

Evershed Sports Ground 2

6

2 22.3m

Path 6 Inspire Garage

Court

24 El

1 to 6 to 1 Boundary Sub Sta

1 House WELLMEADOW ROAD18

Wyndham Court Elthorne Park Four Winds 6 to 1

16 Allotment Gardens

FF 7 to 12 to 7

25.0m SL 10 1 Und FW 313

Boro Const, GL Asly Const & LB Bdy BOSTON VALE 19 to 14

BOSTON MANOR ROAD 2

311

307

11 Bridge House Boston Manor Station 1 to 19

15 301 FF FF

FF 12

19 El Sub Sta

MP 11.5 21.6m FF Bridge House 20 to 37 287

South

202 20 108

198 FF 275

BOSTON GARDENS 194

98

SB 95 96 184

TCB 263

Allotment Gardens

SL BOSTON GARDENS 20.7m

86

172 SL 83 Und BOSTON251 MANOR ROAD

Boro Const, GL Asly Const & LB Bdy

76

160 69 239 70 SL

Def 62 148 227

57 BOSTON GARDENS

49 138

Sand Drag 50 215

M 4

19.8m

39 SL 126

38 203

LB

27 114

26 104

13 14

SL

100 9 10

SL 5

Tilgate

M4 2 1

Boston Manor Playing Fields

BOSTON GARDENS

Aldermaston

Hollycroft

Dorincourt SL Gantry

MP 11.75 M 4 Lakeside Pavilion

Signal Light

Boston Manor Playing Fields

Lake

Towing Path

Mast Drain (telecommunication)

Weir Grand Union Canal

River Brent L Twr

Gallows Bridge Weir

Ward Bdy Towing Path MP Conveyors CR

Hopper

Conveyor

Conveyor Conveyors Tanks Warehouse

Conveyors Works

Tks Conveyor Conveyor Gantry Ward Bdy conveyors Hoppers Warehouse CC

Conveyor Warehouse

Grand Union Canal M 4 Wyke Green Golf Course TRANSPORT AVENUE

5 Depot Works

River Brent

Towing Path

Tank

Tank Tk

Warehouse El Sub Sta Works Conveyor 2

Weighbridge

Depot Weir

Weighbridge TRANSPORT AVENUE

Conveyors

WB

Lighting Tower

Bollard

Bollard El Sub Sta

Depot

Warehouse TRANSPORT AVENUE Tank

Refuse Transfer Station

Bollards Bollard

Lock Works

Bollard Bollard

BOSTON MANOR PLAYING FIELDS, BRENTFORD, LONDON TW8

London Borough of Hounslow Mike Jordan c Crown copyright. All rights reserved 100019263 2011 Director of Environment, The Civic Centre, Lampton Road, Hounslow, TW3 4DN

Drawn by: S.C. ScaleN.T.S. Date 11 - 10 - 2011 O.S. Reference - TQ1678 183  Agenda Item 10

Sustainable Development Committee E-mail: [email protected] 27th October 2011

References: P/2011/0991 01580/13/P2

Address: 13 Bridge Wharf Road, Isleworth

Ward: Isleworth

Proposal: Change of use of existing office building to create eight flats incorporating external alterations consisting of a second floor extension, solar panels, extended balconies, new balconies and additional windows.

Drawing numbers: Amended Plans : JM012-200, 201, 202, 203, 204, 211,212, 213, 214, 221, 231, 233, SK05 received 5/10/11

Design and Access Statement received 4/4/11

Amended Flood risk assessment received 12/10/11

Date received: 4/4/11

1.0 SUMMARY

1.1 This proposal follows on from the approval of planning permission for the conversion of the building from offices to seven two bedroom flats with associated parking and amenity space. The permission also involved external alterations consisting of a second floor extension, solar panels, extended balconies and additional windows and window treatment.

1.2 The permission was granted subject to safeguarding conditions. However the development was implemented without these conditions being discharged and has now been significantly completed. Furthermore, in addition to failing to adhere to the safeguarding conditions the development has not been built in accordance with the approved plans, specifically eight units have been provided instead of the seven approved.

1.3 The current application therefore seeks to regulate the situation as built on site and seeks planning permission for the change of use of the existing office building to create eight flats and in addition to the P1 also includes changes to the forecourt layout, an additional off street parking space, a new balcony and changes to the existing window treatment.

1.4 Following the assessment of the changes to the approved planning permission it is considered that the proposal is acceptable and would preserve the character and appearance of the conservation area whilst not harming

184 neighbours’ living conditions. The proposal would also provide a satisfactory level of accommodation for future occupants.

1.5 Approval is therefore recommended.

2.0 SITE DESCRIPTION

2.1 The site contains what was a vacant three-storey office building within a modern mixed development that includes three storey town houses on the east side of Church Street. It has a gated access from Church Street immediately to the north of the bridge across the Duke of Northumberland’s River. The eastern boundary of the site abuts the River Thames. The property lies on a bend in the River Thames, and is highly visible along the river from quite a distance, both upstream and downstream. The is opposite the site. The site lies within the Isleworth Riverside Conservation Area.

2.2 To the south, on the opposite side of the Duke of Northumberland’s river, is a three storey building on Church Street and a four storey building facing the Thames providing residential accommodation (20 Church Street / Riverside Mill House).

2.3 To the north-west a terrace of houses fronts Church Street and the small rear gardens of these houses back onto the application site. To the north the terrace continues with further residential properties fronting Church Street with their gardens extending to the river’s edge (including several Listed houses), beyond is The London Apprentice Public House.

2.4 There is an existing forecourt parking area at the front of the building, which includes parking spaces and a refuse area.

2.5 Nos. 7 to 11 Bridge Wharf have their own garages and there are a further three parking bays just outside the site.

2.6 The building has recently been converted to residential use (see history P1) with a second floor extension to one of the flanks and various external changes, such as to the fenestration, and the insertion of photovoltaic panels to the roof. The building now contains eight residential units.

3.0 HISTORY

3.1 00262/C/P47 Erection of two & three storey buildings comprising studios, offices, three houses & one flat with associated parking facilities, refurbishment of No.32, re-alignment of Church Street & construction of footbridge over Duke of Northumberland’s River, together with riverside walkway

Allowed on Appeal 14/08/86

3.2 002 62/C/P49 Erection of two & three storey buildings comprising offices, three houses & three flat and studio accommodation with associated parking facilities,

185 refurbishment of No.32, re-alignment of Church Street & construction of footbridge over Duke of Northumberland’s River, together with riverside walkway

Approved 9/12/86

3.3 01580/13/P1 Conversion of existing building from offices to seven mixed one and two bedroom flats with parking spaces.

Approved 11/11/10

4.0 DETAILS

4.1 The approved P1 permission granted planning permission for the change of use of the vacant building from offices to seven two bedroom flats, with associated parking spaces.

4.2 The approval was subject to safeguarding conditions, many of which required details to be submitted and approved by the Local Planning Authority prior to development commencing.

4.3 However the development commenced without these details being submitted or approved and is in breach of condition. Furthermore the development was not built in accordance with the approved plans, specifically an additional unit was created within the building (total of 8). This application seeks to regulate the development in accordance with what has been built on site and can be described as the change of use of existing office building to create eight flats incorporating external alterations consisting of a second floor extension, solar panels, extended balconies, new balconies and additional windows.

4.4 Changes from the approved scheme can be summarised as:

• Additional unit now proposed (total of eight)

• Removal of roof top garden

• Additional parking space within the front forecourt of the building (total of nine)

• Fenestration treatment

• Additional balcony

4.5 The approved application involved seven units with the following mix:

7 x two bedroom units (habitable rooms 21)

4.6 The proposed scheme involves eight units with the following mix:

1x 1 bedrooms

186 7 x two bedrooms (NB//at time of site visit a study in a second floor two bedroom unit was in use as a bedroom) – habitable rooms – 25)

Fenestration

4.7 As a result of concern in relation to overlooking and a loss of privacy to neighbouring residents, especially No.11 Bridge Wharf, properties within 20 Church Street and the rear of properties along Church Street the approved permission required several windows to be obscure glazed and non opening and several others to be permanently fixed with timber panels.

4.8 The as built development did not adhere to these requirements. Subsequently the applicant has attempted to address these issues and ensure that no unacceptable overlooking occurred. This is shown in the amended plans as being:

First floor windows facing north (towards rear of properties within Church Street:

3 x obscure glazed (to be replaced with Flemish obscure glazing and to be opening to only 100mm)

1 x to remain untreated (as was the case with the P1 scheme)

Second floor windows facing north:

A wall has been inserted behind the windows which are kept for aesthetic reasons only. Light is maintained from rooflights.

Flank windows facing west (towards No.11 Bridge Wharf)

7 x windows blocked up internally with a wall and kept for aesthetic reasons only (NB/light to rooms is available form other elevations)

1 x untreated (as it was in the P1 approval)

1 x to be obscure glazed and non opening

First floor south elevation

3 x obscure glazed windows and opening restricted to 100mm.

1x untreated (in accordance with P1 approval)

Second Floor south elevation

2 x windows blocked up internally with a wall

2 x obscure glazed and opening restricted to 100mm.

1 x untreated.

North east elevation (looking towards the London Apprentice)

187 3 x windows blocked up internally with a wall

1 x untreated in accordance with P1 scheme

4.9 It should be noted that the proposed fenestration treatment shown on the amended plans would result in the replacement of some of the fenestration measures currently in place at the property where the applicant has attempted to ensure no loss of privacy for neighbours occurs. It is now proposed to replace a number of the windows with Pilkington ‘Flemish’ Obscure glazing and these are to be permanently fixed to open to only 100mm (as noted above). Furthermore a number of internal wooden louvre shutters were installed to restrict overlooking within a number of the windows. Whilst these do serve to restrict outlook and subsequently the overlooking of neighbouring properties officers were concerned that these would provide a poor quality internal environment for future residents and would harm the quality of accommodation. Therefore these are now proposed to be removed and replaced with the obscure glazed windows described above.

Other external changes

Roof

4.10 The proposed, as built scheme removes the approved sunken roof terrace. It was considered during the construction period that lowering the roof to provide the sunken level was unpractical. A roof garden without being sunken would have resulted in potential overlooking of neighbouring properties as well as having a visual impact upon the skyline. The original internal stairwell to the roof has now been permanently blocked up.

4.11 Further to this five photovoltaic panels have been installed on the flat roof of the building. These are to be lowered to be flat on the roof and ensure that they have no visual impact upon the surrounding area. These can be accessed from a roof light within one of the flats for maintenance if needed and would be the responsibility of the site management.

4.12 An additional balcony has been provided for the second floor unit on the south elevation of the building.

Parking and cycle provision

4.13 The approved scheme provided eight off street parking spaces within the forecourt of the building (these were existing as part of the office use). The current proposal provides nine spaces within the front forecourt, which would result in one space per unit plus one visitor space for the development. This has been facilitated by an addition parking space within the forecourt adjacent to the north east flank of the building.

4.14 A cycle storage area and refuse storage area would be provided adjacent to the north elevation. The cycle storage was initially installed in the form of racks but the amended plans show that this would be replaced by a covered store and details would be secured by condition.

188 Other Matters

4.15 A revised Flood Risk Assessment has been submitted.

5.0 CONSULTATIONS

5.1 Neighbouring residents, businesses and Local Area Groups were notified on 12/4/11 and 1/8/11 (following amended and further plans). Nine objections were received as a result of the consultation, commenting as follows:

Objection Response

Reject the application on the See paragraph 7.10-7.18 grounds that the density of development measured as habitable rooms per hectare is too great.

Reject the application on the See paragraph 7.16-7.18 grounds that there is inadequate amenity space.

Set a condition that the development See paragraph 7.44-7.47 cannot be included in the scope of any future Hounslow Council residents parking scheme (CPZ).

Require as a condition the Agreed construction of an enclosed outbuilding, with internal lighting, for bicycle storage, to an accepted standard.

Require the windows referred to be See paragraph 7.19-7.43 redesigned so that they are no longer easily turned back into normal glass windows (for example the proposal in the earlier drawing ADL - P10K 23/08/2010) "...marine ply painted and fixed into timber frame 100mm insulation inside")

The first floor windows overlooking See paragraph 7.19-7.43 the back of the property were supposed to have been blocked in, preventing our properties from being overlooked. This has not happened. Indeed, when their windows are open our back bedroom feels very exposed. It is like being under siege. It is this aspect of the new plans that

189 affects my property and to which I would like to object.

The developer has sympathetically Noted restored the building and endeavoured to compromise in respect of the closure of access to the roof space which is a permanent feature.

We are comfortable with the existing See paragraph 7.19-7.43 shutters and arrangements in terms of opaque glass and restricted window opening solidified by assurances from Jasper that they are a permanent fixture

We would like to see no further See paragraph 7.19-7.43 amendments to the view we currently face and would be happy for it to remain as it is

I thought the cycling provision was Noted see paragraph 7.44 inadequate

Please confirm that the measures See paragraph 7.19-7.43 and see described for the windows and condition 4 louvres will be permanent and fixed, and are not capable of being reversed at any time in the future

We also require confirmation that the Noted see condition 8 following will be secured by condition when granting approval:

The "roof terraces" will not have access, other than for maintenance purposes, or be capable of being used for recreational purposes, at any time in the future

There appears to have been a The application seeks to regulate the deliberate flouting of this decision as built development from where it and for some unexplainable reason differs from the approved P1 LBH appear to be entertaining it. application. This is an outrageous waste of my Council Tax

190 5.2 Environment Agency - previously had no objection and are currently reviewing an amended flood risk report. Comments will be reported in an addendum.

5.3 British Waterways – have no objection.

6.0 POLICY

6.1 Determining applications for full or outline planning permission When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

6.2 Determining applications for conservation area consent: In considering whether to grant planning permission with respect to any buildings or other land in a conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of the conservation area.

6.3 Determining applications in respect of listed buildings: In considering whether to grant planning permission for development which affects a listed building or its setting, the authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

6.4 The Development Plan: The Development Plan for the Borough comprises the Council’s Unitary Development Plan (UDP), Employment Development Plan Document, Brentford Area Action Plan and the London Plan.

6.5 The emerging Core Strategy – On 12 July 2011, the Council’s Cabinet approved that the Core Strategy “Preferred Strategy” should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that very limited weight can be given to it at this stage.

6.6 The draft National Planning Policy Framework – The draft National Planning Policy Framework (NPPF) was published for consultation on 25 July 2011. The NPPF is a consultation document and, therefore, potentially subject to amendment. Nonetheless, as emerging policy, the Local Planning Authority (LPA) considers that the NPPF is capable of being a material consideration. As the Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled and given that the NPPF is still in the consultation stages, the LPA considers that very limited weight can be given to the NPPF at this stage.

In addition to the draft NPPF Central Government Guidance to be applied is mainly set out in Planning Policy Guidance Notes, Planning Policy

191 Statements and Government Circulars, with particular emphasis for this application on:

PPS1: Delivering Sustainable Development PPS3: Housing PPS4: Planning for Sustainable Economic Growth PPG13: Transport PPG17: Planning for Open Space, Sport and Recreation PPS22: Renewable Energy PPS23: Planning and Pollution Control PPG24: Planning and Noise PPS25: Flooding

Unitary Development Plan

ENV -B.1.1 New Development.

ENV -B.2.2 Conservation Areas

H.3.5 Release of employment uses to residential

H.4.1 Housing Standards and Guidelines

T.1.4 Car and Cycle Parking and Servicing for Developments

IMP.5.2 Thames Water Policy

ENV -W.2.1 Tidal defences-River Thames, Crane, Brent and Duke of Northumberland’s River

ENV -W.1.10 The Thames path national trail and access to the river

ENV -W.2.4 Floodwater

Supplementary Planning Guidance 1997

Residential Section 10 Private Amenity Space Standards and Controls Section 12 Internal Space provision Section 13 Housing for People with Disabilities

Isleworth Riverside Conservation Area Statement

192 London Plan

Policy 3.3 Increasing housing supply

Policy 3.5 Quality and design of housing developments

Policy 5.1 Climate change mitigation

Policy 5.2 Minimising carbon dioxide emissions

Policy 5.4 retrofitting

Policy 7.2 An inclusive environment

Policy 7.4 Local Character

Pol icy 7.24 Blue ribbon network

Policy 7.28 Restoration of the blue ribbon network

Employment Development Plan Document (EDPD)

E1 Maintaining Employment Capacity

EP4 Change of use from offices (Outside Town Centres and Key Existing Office Locations)

7.0 PLANNING ISSUES

7.1 The main planning issues to consider are:

• Principle of the proposal

• Appearance and character;

• Housing Standards

• Neighbours’ living conditions

• Parking and access

Principle

7.2 The principle of the change from office to residential use was agreed as part of the approved P1 application. This application seeks planning permission for an additional residential unit within the development as built which equates to an increase from seven units to eight units. It is this additional unit and its impact upon housing standards that is a key consideration for the subject application, as well as the other variations from the as approved documents such as the fenestration treatment.

193 Appearance and character

7.3 The Conservation area was designated to protect the character and historic interest of this historic group of buildings and their unique riverside setting. The Council’s Supplementary Planning Guidance states that views of the river from streets, buildings and spaces should be protected together with important local and Borough views.

7.4 Policy ENV-B.2.2 states that the Council will preserve and enhance the character and appearance of Conservation Areas by ensuring that any development respects the character of the existing architecture in scale design and materials. The Isleworth Riverside Conservation Area seeks to enhance the appearance of both the existing buildings and the Conservation Area, but will resist unsuitable development including uses or intensification of uses that would harm the character of the Conservation Area.

7.5 The proposed change of use to residential was approved as part of the P1 scheme. This also involved external alterations to the building including a second floor extension, in relation to which it was considered that the limited scale of the extension, set ins from roof edges and its appropriate design and use of matching materials ensure that the extension would be in keeping with the existing building and would not result in a visually obtrusive or overbearing addition to the site when viewed from the surrounding Conservation Area and Listed Buildings.

7.6 The infilling of an undercroft parking area to provide residential accommodation was also approved as part of the P1 application. The proposed walls to be inserted have been designed in a stable door style to reflect the original design of the scheme and add visual interest to the elevation.

7.7 The proposed balconies, again all but one were approved as part of the P1 scheme, would be consistent with the residential character of the Bridge Wharf development and would appear sub-ordinate to the existing building.

7.8 In terms of fenestration a number of the existing windows are now to be obscure glazed (with Pilkington Flemish obscure glazing) and would be required by condition to be permanently retained. It is not considered that any fenestration either proposed or to be altered would harm the character and appearance of the building and would in fact relate well to the elevation of the subject building.

7.9 It is considered that the external alterations proposed are in keeping with the design and character of existing building and Bridge Wharf Development as a whole and would preserve the character and appearance of the surrounding Conservation Area.

194 Housing Standards

7.10 The P1 application was approved with seven units and eight are now proposed. Therefore the impact upon housing standards of the additional unit is assessed below:

7.11 The density of the approved proposal, based on 21 habitable rooms (hr) and a site area of 0.076 (ha) would be 276 hrha. The current proposal would have a density of 328 hr/ha based on 25 habitable rooms (albeit only one additional bedroom is proposed).

7.12 The relevant policy relating to density is Policy 3.4 (Optimising housing potential) and Table 3.2 of the London Plan, where density ranges are related to location, setting in terms of existing building focus and industry, and the index of public transport accessibility (PTAL). Table 3A.2 of the London Plan sets the relevant density range for a development comprising houses in this location as 150 -250hr/ha as this is an urban area with a PTAL of 1b. Therefore the density of the site would be higher than the level stipulated within the London Plan.

7.13 However it should be noted that density is not in itself a reason for refusal, but any shortfall in providing an acceptable standard of accommodation, such as in terms of internal rooms sizes, amenity space or inadequate parking, could be an indicator of too great a density proposed on this site. It should also be noted that the application involves the conversion of an existing building and no additional extensions are proposed above what was agreed as part of the P1 scheme.

7.14 Policy H.4.1 states that development should have regard to the Council housing standards. The proposed two bedroom units range from 97² to 69m² in accordance with guidelines requiring 45/57m² for a flat with 2/3 occupants and 70m² for a flat with 4 occupants.

7.15 Each of the individual rooms proposed would comply with the Council’s minimum standards for individual rooms and generally exceed them significantly. It is considered that the standard of accommodation would therefore be good for all eight units.

7.16 The Council’s standards require 25m 2 of private amenity space for the one and two bedroom units (it would be 30m2 for a three bed unit which it is noted that at the site visit a study in a two bedroom flat was currently in use as a bedroom). A total requirement of 200m 2 (230m 2 with additional bedroom).The scheme proposes private gardens for the three, two bedroom ground floor flats. These would measure (15m 2, 28m 2 and 38m 2). An additional area of 22m2 of communal space is noted adjacent to the eastern boundary wall although it is noted that the usability and quality of this area is not of a high level. Additional planting would be required to be put in place by the applicant to improve the quality of these spaces. In respect of the ‘communal’ space is may be more appropriate for the cycle storage to be in this area (secured by condition).

195

7.17 Four of the five remaining units would have access to large balconies (totalling an area of 52m 2) each providing a level of private amenity space albeit below the Council’s minimum standards but useable and with access to excellent views across the Thames. This results in a total of 155m 2 provided across the development. One unit would not have access to external amenity space, however it is noted that the unit has generous internal area and has the benefit of views of the River.

7.18 Overall it is considered that given that this development would involve the re- use of a building, which had been vacant for some time, and its waterfront location, along with its close proximity to Syon Park and Silverhall Park, it is considered that the level of private amenity proposed would be acceptable. Whilst the level of amenity space for some of the individual flats would be below the Council’s minimum standard, those flats would benefit from attractive views towards the Thames River and have large internal areas. On balance it is considered that it would not be appropriate to request section 106 monies for Environmental Improvements.

Neighbours’ living conditions

7.19 A number of objections have been received in relation to potential harm to neighbours’ living conditions, specifically in respect of overlooking and a loss of privacy. It should be noted that the subject proposal does not introduce any additional windows then the approved scheme. The P1 scheme also agreed the acceptability of windows being controlled by condition to be either obscure glazed or in-filled with timber panels. As noted above the as built scheme, which is the subject of this application, did not adhere to the detailed drawings in respect of fenestration treatment and this is the key consideration discussed below:

No.11 Bridge Wharf Road

7.20 No.11 Bridge Wharf Road is the adjacent property to the west of the subject site. This property has a bedroom, which has a sloping roof light within the second floor roof, which looks towards the subject site. An objection has been received noting a loss of privacy through this window to the bedroom. The windows in the side elevation of the flat in the second floor western wing would be within 5m of the flank wall of the adjoining town house (No.11) Bridge Wharf. Amended plans have been received to address the concerns raised. The change now to be assessed is the treatment of the windows that has altered from the approved scheme.

7.21 The concern relates specifically to overlooking/loss of privacy from the existing second floor flank windows.

196 7.22 Firstly it should be noted that that the number of windows has not increased from the approved P1 application. Indeed a number of these windows have been blocked up internally with the window retained for aesthetics only.

7.23 Furthermore it should be noted that these windows were all previously existing and if the previous office were occupied (which was the approved use of the building) these windows could have overlooked the rooflight into the bedroom through the day and night (NB//there is no hours of operation restriction on the current office use these could be occupied).

7.24 Notwithstanding the above the proposal would now see seven of the nine windows within this elevation being internally blocked up (ie there is a wall behind them and they are kept for aesthetic reasons only) ensuring that there is no overlooking from these. Outlook is maintained for the rooms these windows serve from other elevations. One window is to remain unaltered as it is set well forward of No.11 and does not allow any views of the window serving it (this window did not require treatment within the approved scheme either). The remaining window within this elevation would serve a bathroom and would be obscure glazed and fixed to open only to 100m. This obscure glazed and non-opening window would be secured by condition to ensure that this did not change over time.

7.25 As no external extensions are proposed to this elevation of the building no impact upon light reaching the rooflight would occur (it should be noted that this rooflight is not the primary source of light to the bedroom within No.11 in any case).

7.26 Therefore, following amendments being made to the proposal, it is considered that there would be no harmful impact to living conditions at No.11 Bridge Wharf Road.

Rear of properties along Church Street (Nos.32-48)

7.27 Objections have also been received regarding the impact the development would have on the residents of Church Street to the north of the site. Specifically this relates to a loss of privacy through overlooking.

7.28 The proposed development does not add any additional windows facing these neighbours, nor does it involve the building extending any closer to these properties from the approved application.

7.29 It should be noted that when permission was allowed for the original Bridge Wharf development on Appeal in 1986 the inspector was of the view that the tower and office block would be an adequate distance from the Church Street dwellings (this included the existing first floor windows that face north).

7.30 Appendix 1 of the Unitary Development Plan states, in respect of privacy and spacing between buildings, that a distance of at least 21m (70ft) is recommended between the windows of habitable rooms which directly face those of another habitable room, or windows of any other premises where these give light and outlook to rooms normally occupied during the day; in the

197 case of windows of non habitable rooms, within 21m of another facing window, obscured glazing would be considered acceptable.

7.31 It should be noted that the separation distance in relation to the rear elevation of numbers 42 and 44 Church Street does not achieve a separation distance of 21m from all windows (indeed the existing most easterly windows have separation distances of 18.09 and 18.4 respectively). However it is not considered that at this distance there would be any unacceptable overlooking or loss of privacy for neighbouring properties with the fenestration treatment being altered to ensure no loss of privacy for neighbours through obscure glazing and timber panel infills.

7.32 A 21m separation distance between the first floor north facing windows and the majority of the rear elevation of houses along Church street is however achieved. Furthermore existing tree screening within the rear of a number of the houses along Church Street would shield some neighbours from these windows

7.33 Furthermore it is not considered that the proposed development would result in any harm to neighbours’ living conditions despite variances to the fenestration treatment from what was approved at the P1 scheme now being proposed:

o In respect of the first floor windows these are existing windows and an existing relationship between the neighbouring sites, which as mentioned before could mean the office use, with no hours of operation restriction, could be occupied throughout the day and night currently.

o The scheme has been amended to show that three first floor windows that do not achieve the 21m separation distance would be obscure glazed. One window would remain with normal glazing serving a bedroom, which achieves a separation distance of 21m.

o This is considered acceptable in this case as it is only marginally below the 21m, is an existing window (as noted above) and also serves a bedroom rather than a living room, which is likely to limit the amount of use it would receive.

• The proposed second floor windows (x4) within the second floor extension, are for aesthetic purposes only and have a solid wall behind them.

• The proposed second floor extension would have windows facing north east but these are again for aesthetic purposes only and have a solid wall behind them.

7.34 Therefore it is considered that with the amended fenestration treatment there would be no harm to neighbours’ living conditions.

198

Figure 1: North facing elevation

20 Church Street (Riverside Mill House)

7.35 Concern has been raised that that the development would result in a loss of privacy to the residents of the 20 Church Street development. Again it should be noted no additional windows are proposed from the approved scheme that face towards these neighbours. The assessment here relates to the fenestration treatment, which has altered from the approved scheme.

7.36 However the following should be noted:

• The distance between the flank of No.20 and the existing habitable rooms and Nos.9 and 11 Bridge Wharf Road do not achieve the 21m and the Inspector had no concerns regarding loss of privacy for either of these sites when allowing the development at No.20 Church Street.

199 • In respect of the first and second floor south facing windows; these are existing and as noted above could have been used under the previous use for office accommodation throughout the day and night.

• The distances between the existing first and second floor windows does achieve a separation distance of 17.5m.

7.37 Notwithstanding the above the approved scheme required a number of the windows that face towards these neighbouring properties, specifically three externally timber filled windows on the second floor and two windows to be obscure glazed and three of the four windows within the first floor bay to be externally timber filled windows. The remaining window was to be left untreated.

Figure 2: Approved south elevation P1

200

Figure 3: Proposed south elevation

7.38 The current situation on site has seen the applicant insert internally fixed privacy louvre panels to certain windows to prevent overlooking. Whilst officers note that these do restrict any unacceptable loss of privacy for neighbours they do restrict the quality of the accommodation by creating an enclosed feeling to the room they serve. Following officer comments it is now proposed to remove these timber panels and to replace the windows with permanently fixed textured ‘Flemish’ obscure glazing’ and restrict the opening of the windows to 100mm. This would prevent any loss of privacy for neighbours and at the same time improve internal accommodation conditions.

7.39 In respect of the nine windows in question on this elevation the current scheme proposes:

• 2 x windows in second floor booked up internally with window retained for aesthetics only.

• 2 x widows to be in second floor to be obscure glazed with ‘Flemish’ glazing

• 1 x second floor window to remain untreated

• 3 x first floor windows to be obscure glazed with ‘flemish’ glazing.

• 1 x window to remain untreated

201 7.40 In respect of the untreated window within the second floor this currently has the internal louvre screen however officer are of the view that this window which is in the corner of a bedroom would not unacceptably overlook neighbouring properties as a result of its position in the room. Furthermore it is noted that this is an existing window.

7.41 The untreated window within the first floor was to be untreated in the P1 approval and looks away from neighbouring residents towards the River.

7.42 Furthermore the approved roof terrace has been removed from the current scheme, which was previously a concern for neighbours at this site.

Conclusion

7.43 It is considered that subject to safeguarding conditions there would be no harmful impact upon neighbours’ living conditions as a result of the development. Indeed it is considered that the previous office use, with no restriction on hours of use, would have been a more unneigbourly use at this site, both through trip generation and overlooking and loss of privacy than the residential use now proposed.

Parking

7.44 In terms of the Council’s parking standards, the maximum number of off-street spaces allowed would be nine spaces (including visitor provision). Nine are provided on the site, including one wider space for people with disabilities. This also includes one visitor space, which is in accordance with maximum parking standards. Space for eight cycle racks are also to be provided, which is considered acceptable.

7.45 The parking spaces are all existing with the exception of one and therefore there would be no impact upon visibility sightlines or access to neighbouring garages. The new space now proposed would be positioned in line with the east flank of the building and would be able to track in and out effectively.

7.46 Indeed, in terms of traffic generation, the previous approved use as offices would have generated more traffic movements than the proposed residential use. It is not considered that further noise and disturbance from pedestrian and vehicular traffic would therefore result.

7.47 It is not considered a s106 restricting parking permits for future residents is necessary in this case as the maximum parking standard are met and no CPZ is in operation within the immediate locality.

Blue Ribbon Network

7.48 The principle of the front hard landscaping area facing the Thames becoming private terraces for the ground floor units was approved as part of the P1 fowling the following justification:

202 • The creation of a Thames path extension along the southern elevation of the site would result in a significant loss of privacy, overlooking and raise safety and security issues for the proposed ground floor units.

• It would also remove valuable private amenity spaces for the proposed ground floor units.

• A Thames Path along the frontage of the site would not be able to connect with another path as to the east is the rear gardens of houses along Church Street

• There is an existing Thames path, linked by a bridge, which traverses through the site as well as a river walk alongside 20 Church Street.

• Whilst it is noted that the bridge is no longer in operation an outstanding s106 requires the owners to maintain this and the council are seeking a resolution of this matter). However it should be noted that this was implemented prior to the river walk alongside 20 Church Street and in officer opinion raises issues such as loss of privacy, security and overlooking of Nos.7-11 Bridge Wharf Road.

7.49 Therefore the creation of an extension to the Thames Path in this location is not considered appropriate.

Sustainability

7.50 The broad aim of sustainable development is to ensure that the quality of social, economic and ecological environments are improved and maintained for future generations. The UDP and London Plan encourage sustainable development through many policies including the promotion the use of energy efficient building design and materials, re-use of previously developed land and existing buildings, and encouragement of development in or close to town centres and areas with good public transport.

7.51 The applicant has submitted a statement, which describes the sustainable design and renewable energy proposals for the site. It is proposed to improve the insulation of the existing external walls by applying additional insulation on the inside of the walls, floors and roofs in order to achieve a higher assembly U-factor than the requirement.

7.52 The balconies on the first floor have been extended and have a high level glazed parapet, thus forming an intermediate space to buffer thermal weather impacts on the interior. Through the use of open slots and operable elements in the glass panels it is possible to ventilate the interstitial space on warm days and admit partially conditioned air on cool days. This way the interstitial space will be used as a solar collector for passive heating of the interior and controlling the solar gain.

7.53 An active solar thermal energy system is a renewable energy system, which will be employed individually for each flat. It’s intent is energy efficiency and its

203 effect is reduced use of purchased energy recourses for water heating and space heating. The components of the system are:

• Flat solar panels at roof level (x8).

• A compact heating tower (positioned inside a cupboard for each flat

7.54 Under floor heating will also be used in conjunction with the above system, which will achieve further energy savings.

Conclusion

7.55 In respect of the principle of development Government guidance requires the best use of urban land and in particular the reuse of previously developed land. The proposed change of use from Offices (B1) to Residential (C3) would bring a vacant building into a beneficial use. The external changes to the elevations would preserve the character and appearance of the Conservation Area. The level of internal and external amenity and the level of parking are also acceptable. Furthermore it is considered that the changes from the approved P1 application, specifically the additional unit and changes to fenestration treatment would be acceptable, safeguarding neighbours’ living conditions whilst providing a good standard of accommodation.

8.0 EQUALITIES IMPLICATIONS DUTIES

8.1 The Council has to give due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, which is available at: http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/e nvironment_eias.htm it is considered that there will be no specific implications with regard to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.

Relevant Section of Relevance Test Minor Development

9.0 RECOMMENDATION

Approval

With appropriate safeguarding conditions, the proposed change of use from Offices (B1) to Residential (C3) is considered acceptable as it would return a vacant building into beneficial use whilst the preserving the character and appearance of the Isleworth Riverside Conservation Area and not having a harmful impact upon neighbours’ living conditions. The proposal would provide a satisfactory level of accommodation and there would be an adequate provision of off-street parking, in compliance with policies ENV-B.1.1 (New Development), ENV-B.2.2 (Conservation Areas), H.4.1 (Housing Standards and Guidelines), T.1.4 (Car and Cycle Parking and Servicing for

204 Developments) of the Council’s adopted Unitary Development Plan and the Council’s supplementary Planning Guidance and Employment Development Plan Document.

Conditions

1 B5 Detailed applications (Implementation in accordance with approved plans)

Reason: B5R

2 C23 No external plant

Reason: C23R

3 D4 Waste and Recycled Materials Storage and management(Details to be submitted)

Reason: D4R

4 D1 Obscure Glazing and non opening.

The windows shown on the amended plans that are to be obscure glazed and non-opening, shall be altered and fixed within three months of this permission. This situation shall be maintained permanently.

REASON: To prevent overlooking and loss of privacy of the adjoining premise in accordance with adopted Unitary Development Plan policies ENV-B.1.1).

5 Nine parking spaces shown on drawing no. JM012-200, including one disabled space and one visitor space, are to be provided and permanently maintained for the private residential use of the flats hereby approved.

Reason: To safeguard the residential amenities of the neighbourhood and to ensure the provision of adequate off-street parking accommodation to avoid the congestion of surrounding streets by parked vehicles.

6 Cycle parking – Within one month of the date of permission details shall be provided for approval by the Local Planning Authority of a covered, secure cycle store for eight cycles. The details shall be implemented within three months of approval being given.

Reason: To ensure satisfactory cycle parking provision in accordance with T.1.4

7 E5 Hard and soft Landscaping

Within one month of the date of this permission full details of both hard

205 and soft landscape works for both private and communal areas have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved within three months of the approval of details.

These details shall include proposed finished levels or contours; means of enclosure and boundary fencing; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing material; minor artefacts and structures (eg. Furniture, play equipment, refuse or other storage units, signs, lighting etc)

Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme)

Reason. To ensure a satisfactory appearance of the site and improve the visual amenities of the locality in accordance with policy ENV.B.1.1 New development.)

8 The roof area of the building shall not be used as a balcony, roof garden or similar amenity area without the grant of further specific permission from the Local Planning Authority.

Reason: To protect the amenity and privacy of nearby residents in accordance with policy ENV.B.1.1 New development

Background papers

The contents of planning file ref. 01580/3/P1 and 01580/13/P2 save for exempt or confidential information as defined in the Local Government Act 1972, Sch. 12A Parts 1 and 2.

206 13 Bridge Wharf, Isleworth

207 Agenda Item 11

SUSTAINABLE DEVELOPMENT COMMITTEE 27 TH OCTOBER 2011 Sean Doran: Tel 0208 583 4943

Email- [email protected]

References: P/2011/1188 00248/29/P14

Address: 29 Chiswick High Road, Chiswick, London W4 2ND

Ward: Chiswick Homefields

Proposal: Demolition of the existing building and the erection of a part four storey, part three storey mixed use building comprising of 447sq metres of commercial (Class A1, A2, A3, B1, D1) uses on the ground and lower ground floors, and the construction of nine residential units including two townhouses, three two-bedroom apartments, four three-bedroom maisonettes) with 9 car parking spaces at basement level.

Drawing numbers: Design and Access Statement, Structural Survey, Planning Statement, Sustainability Checklist, Statement of Community Involvement, Townscape and Heritage Impact Assessment, Transport Statement, Flood Risk Assessment, Acoustic Reports, Waste Management Strategy, Energy Statement, Renewable Energy Standard Form, Air Quality Assessment, Drawing Numbers P-11 REV C, P-12 REV B, P-13 REV C, P-20, P21, P22 rev B, P-40 REV A, P-42 REV A, P-46 REV A, P47 REV A, received 04/05/11.

P-14 REV C, P-15 REV F received 15/09/11

Drawing Number T100075/P/0001 received 12/01/11

Target Emission Rate document, SAP checklist, Energy Statement, Rainwater Harvesting document, Ventilation Strategy, received 12/07/11.

Energy statement received 15/07/11.

Wet Cast Stone Justification and Planning Statement page 16 Addendum received 01/08/11

Code for Sustainable Homes Pre-Assessments for Houses and Apartments received 09/08/11

Moulding Methodology Statement received 16/08/11

208

Control of fumes and odour for residential and restaurant, including sound attenuation to any plant document and Scheme for ventilation of restaurant and residential premises including sound attenuation to any plant and standard or dilution document/Statement of ventilation strategy, Proposed maintenance schedule for commercial kitchens, Gem Air Quality Assessment, Drawing Numbers CHR_W_OO1, CHR_W_OO2, 3(13); Rainwater Harvesting statement, Gartec Platform Lift details dated 22/07/10, Method Statement and Scheme of Construction Practice, Strip out and Demolition statement 31/08/11, Drawing Number 006036X1PC, Waste Strategy dated 21/12/10, Drawing Number P- 01, received 01/09/11.

Lombard Red Brick Sample, Meadowstone Amber Pre-cast Standard Portland Wet Cast Stone Sample, Natural Slate Sample, Amber precast WCVWA/NB/1/101 Wet Cast Stone Sample, Tecu Patina Copper Sample, received 08/09/11

Acoustic Design Review – Practical Acoustics Ltd dated 19/10/10. Acoustic Construction Drawings – Conran and Partners. Noise Impact Assessment – Practical Acoustics Ltd dated 6/09/10. External Building Fabric Assessment - Practical Acoustics Ltd dated 19/01/11- All received 01/09/11.

Weathering and Texture Characteristics of Wet Cast Stone statement provided by Amber PreCast received 15/09/11.

Drawing Numbers P-14 REV E, P-15 REV G, P50 received 07/10/11.

Application received: 04/05/11

1.0 SUMMARY

1.1 This application seeks permission for the effectively the same development (with additional roof structures) as was approved in the previous application (P13, with the roof structures largely being approved by condition), but this would be achieved through a complete demolition and rebuild of the original building, rather than a partial demolition, extension and conversion, as the applicant has advised the latter is not structurally feasible.

1.2 The proposal is to use the ground floor and lower ground floor as commercial space. There would also be nine (9) dwellings. A basement would provide parking for nine (9) cars and cycling storage space and refuse storage.

209

1.3 The proposal provides 1,092m 2 residential net internal floorspace and 447m 2 net internal commercial floorspace.

1.4 The proposal is considered acceptable, so subject to a s106 legal agreement and conditions, it is recommended for approval.

2.0 SITE DESCRIPTION

2.1 The site is located on the corner of Chiswick High Road and Netheravon Road and is outside the designated boundary of Chiswick Town Centre. It has an area of 778m 2 and is approximately 300m from Stamford Brook underground station that serves Central London and there are regular bus services along Chiswick High Road to local town centres. Netheravon Road is part of a Controlled Parking Zone (CPZ).

2.2 At present the site has a three-storey late Victorian style building that has had a series of extensions and alterations. There is also a semi- basement level. The original building is of brick construction and has a slate roof with bay windows, gables to the roof and faience details. The corner of the building has a copper roofed cupola. The main roof has a mansard-like form. A prominent, flat roofed single storey front and side extension projects forward of the original building to both road frontages. Despite the additions to the front and side, the building adds positively to the townscape as the main building is compatible with the scale of adjacent buildings and is architecturally interesting. This congruency includes the lift overrun, which does not appear as intrusive in the streetscene.

2.3 In contrast to the detailed street facing elevations, the rear elevation has a non-descript and functional appearance, it includes flat roofed extensions, kitchen exhaust ducting, various plant and external fire escape stairs. There is a vehicle access to the rear of the site from Netheravon Road and the rear yard contains a hardstand area with parking for two (2) cars, refuse storage areas and a store building. There is a brick boundary wall along the rear half of the Netheravon Road frontage with metal gates across the driveway entrance.

2.4 The building is currently vacant but the ground floor and basement were most recently used as a restaurant and the first floor used for staff accommodation, office space and storage. The second floor contains five bedsit flats with a roof terrace to the rear.

2.5 The adjoining property on Chiswick High Road contains a five-storey residential building that was built in 1999. This adjacent building has nine two-bedroom flats and has parking to the rear for eleven cars.

2.6 The properties to the rear, along Netheravon Road, contain three-storey semi-detached houses that have long gardens to their rear. Prebend Mansions, a four storey residential flat building stands on the opposite corner of Chiswick High Road and Netheravon Road.

210

3.0 HISTORY

3.1 There have been a number of planning applications for alterations and additions to the building and applications for advertisement consent. Planning permissions P7 (1994), P8 (1996), P9 (1997) and P10 (1999) relate to works to the shop front and entrance of the building. Earlier applications P5 and P6 (both 1992) involved the conversion of the upper floors to offices and self-contained flats and second floor extensions to the rear of the building.

3.2 Application P11 involved the division of the existing restaurant into two commercial units and creation of fourteen apartments on the upper levels. The application was refused and an appeal was lodged against the decision, this was dismissed on 16 th January 2008.

3.3 Application P12 was approved on 20 th August 2008 subject to a s106 Legal Agreement. The application was for the partial demolition of existing restaurant and redevelopment to create commercial retail use (A1, A2, A3, B1, D1) on the ground floor with 9 residential apartments above. The proposal was to subdivide the ground floor and basement into two commercial units. It involved a roof extension and a rear extension. Nine (9) car parking spaces and cycling storage space, along with refuse storage were accommodated at the rear of the site.

3.4 This application was amended and approved at SDC in May 2009 under the reference 00248/29/P13.

3.5 The most recent approved scheme, P13 , which the current scheme seeks to largely replicate was for 447sq.m (A1, A2, A3, B1, D1 use class). The use of the proposed commercial units was identified flexibly with the following possible uses indicated: A1 (retail shops), A2 (financial and professional services), A3 (restaurants and cafes), B1 (business) or D1 (non-residential institutions, including health and consulting rooms, places of worship, day nurseries galleries, training centres and similar uses).

3.6 There were three two-bedroomed flats, four three-bedroomed maisonettes and two four-bedroomed townhouses. A total of 218.sq.m of private amenity space was approved, through a combination of roof terraces, balconies and rear gardens.

3.7 The P13 application proposed extensions ranging from three to four storeys high and to the rear of the original building. It projected for a depth of 6.4m at four storeys high from the original property. It then stepped down to three storeys high for 10.5m. It had a staggered rear wall and mansard roof. The extension would have been located 3.9m from the rear site boundary shared with No.1 Netheravon Road. Please see Appendix 1 for a visual (not to scale) comparison.

3.8 P13’s materials were to match the existing building and those of the previously approved scheme. The proposal aimed to replicate the traditional design of the building and maintain its original features.

211

4.0 DETAILS

4.1 This application would produce the same amount and form of development as was approved in P13, but through a complete demolition and rebuild of the original building, rather than a partial demolition and conversion. There is one main difference, which is the addition of several ancillary roof structures, including an increased lift overrun structure (as required by Building Regulations), a small array of solar panels (as required by application P13’s sustainability planning conditions) and an acoustic screen (to shroud plant equipment, and again required by and approved under P13’s noise attenuation conditions).

4.2 As in application P13, the application seeks to provide a part four- storey/part three-storey mixed use building with 447m2 commercial retail (A1, A2, A3, B1, D1) uses on the ground and lower ground floor, with 9 residential apartments (2 townhouses, 3 two-bedroom apartments, 4 three-bedroom maisonettes). The proposal includes 9 residential car parking spaces, located in the basement and 9 cycle spaces. The number of units and density is unchanged from the approved scheme (P13). The parking and cycle allocated for the development remains unchanged

4.3 Why now full demolition ?

4.4 The applicant has been forced to revisit how they implement the existing consented scheme due to on-site investigation works to the existing building. These have revealed that there would be significant structural difficulties in implementing the outstanding approval for partial demolition and erection of extensions, owing to the inadequacies of the remaining walls and foundation. This, coupled with corrosion of the existing structure, means that the existing structure is unable to support the requisite concrete frame structure of the proposed new additions.

4.5 The applicant has submitted a structural survey, which indicates the following structural issues:

1) The horizontal terracotta banding and decorative panels (which would have been fired separately) are approximately 30mm thick and are cast directly onto mass concrete thereby forming a composite structural element, which in turn has been built into the load bearing external envelope. A significant proportion of the terracotta is in a very poor condition and requires replacement.

Figure 1: Existing terracotta

212

Advice was sought from a terracotta specialist, who assessed the terracotta condition and found that it had lost most of its fire skin and due to its porous nature, it can be expected that the terracotta will continue to degrade over time. This loss of fire skin will also lead to a discolouring of the terracotta, due to its greater porosity resulting from the loss of the fire skin. This allows water entry, which leads to the discolouration and also leads to freeze/thaw shattering, shearing and cracking.

2) Investigations into the ground floor projection have indicated that the masonry piers are in poor condition. As the flat roof is also in poor condition, it is possible to see that the filler joists are heavily corroded, which is evidenced by the spalling of the concrete surround. There is a corroding steel perimeter beam built into the brick piers and corrosion of these beams is clearly visible, causing significant cracks in the brick piers.

Figure 2: Existing internal structure

3) The first floor structure supporting the main facades is a combination of steelwork and masonry wall elements, providing support to the walls at varying levels. Retaining this structure is considered to seriously compromise the proposed use at the basement and ground floor due to the amount of structure carrying the building load from first floor to foundation level.

4) Given the sizes of the current foundations it would be necessary to strengthen/replace the existing structural elements in order to construct an additional storey. This would comprise extensive underpinning of the foundations. To facilitate these structural strengthening works it is envisaged that a temporary supporting structure would need to be erected. The requirement of such as temporary structure would add to the risks and complexity, as well as increasing safety risks associated with the construction, as access and working space would be hindered.

5) The proposed redevelopment of the building involves adding an additional storey and changes to the internal layout to form a commercial unit and residential units. These additions and changes have a significant implication for the overall loading on the structure and on how disproportionate collapse regulations are addressed. Given that the proposed redevelopment of the building will place the structure in Class 2B of the Building Regulations categorization, this will necessitate the building to have both horizontal and vertical structural tie. To ensure all necessary ties are adequately fixed this will require a significant amount of additional structure to be added to the façade and is likely to require

213

partial demolition of the facades in some instances.

6) The dismantling and reuse of the existing façade materials raises the following issues:

• The terracotta blocks will need to be individually and very carefully cut and removed from the façade to avoid damage. Given the composite and insitu nature of the installation of the terracotta it is likely that there will be a high level of loss of terracotta. • Where the terracotta has been removed from the building, the concrete against which the terracotta has been set will need to be carefully removed, again risking damage to the terracotta pieces. • In accordance with modern construction techniques and standards it will be inevitable that a number of the remaining terracotta panels and pieces will need to be adapted prior to incorporation onto a new façade. Once again this presents a risk of damage. • The retention of the existing façade and incorporation into a new larger façade can be seen from a structural, practical and safety viewpoint as hugely disadvantageous for the delivery of a high quality development. • From visual and intrusive investigations it is evident a great deal of the existing decorative terracotta is in very poor condition and will require replacement. It is also evident that the existing terracotta has lost its fire skin, leading to greater porosity, which in turn will result in accelerated degradation and discolouration. Any patch repairs of the terracotta is deemed to be unsightly and unlikely to have significant impact on the longevity of the terracotta. Therefore, the reuse of the existing materials either left insitu during construction of taken down and rebuilt will leave a legacy of renewal and replacement. • Investigations have also revealed the existing façade, associated frame and foundations are insufficient to support the new loads of the proposed and previously consented schemes. Furthermore, the requirement to satisfy Building Regulations in respect to disproportionate collapse will require partial dismantling to allow for the insertion of the necessary structural ties. • The dismantling and reuse of the existing faces materials have also been considered and has identified issues with the practicalities of dismantling, preparing and adapting the terracotta for reuse in a new development.

4.6 Consequently, the demolition of the whole building is now considered necessary, in order to facilitate the construction of the extensions to the upper levels, and the excavation and construction of the foundations.

4.7 The new building will be the same form of development as the P13 scheme and will, through the use of moulding techniques, match the current building’s ornate details and features. It is this adherence to the replication of the current form that has led to the new addition of the various roof structures. Given that the applicant’s aim is to near replicate the existing building, using different, but largely complementary materials, in order to maintain the streetscape, this does mean that the

214

proposal has inherited some of the problems that the conversion of the building posed, ie how to generate an acceptable level of renewable energy and meet Air Quality requirements, whilst maintaining the appearance of the building, its contribution to the streetscape and providing a suitable level of accommodation. To incorporate these features into the building would result in a form much different to that which was previously approved. The roof shaft was a feature of the previous application and is now larger because of a change in Building Regulations.

4.8 Materials, matching or otherwise

4.9 For reasons discussed above, the applicant considers that the retention of the existing façade is impractical and would seriously hinder the redevelopment of the site. The use of new materials rather than identical replacements (which would be the preferred option) has been determined by the applicant being unable to source terracotta. The building is now found to be structurally unsuitable for the proposed development, as enlarged, as repair is not physically possible. Nonetheless, this building’s form is attractive and of some value to the streetscene, partly due to its original materials. A key aspect of the suitability of any new scheme is the use of materials that either replicate entirely or suitable echo those of the past building on the site.

4.10 The reasons given for rebuilding the building have been discussed above. The reuse of terracotta that survives the demolition process as a feature is being considered for use as a marker of the past features. However, the applicant considers that wholesale replacement of the terracotta is simply not possible. This is primarily due to the lack of suitable terracotta manufacturers, making the material a prized commodity and also due to the lack of structural capability of terracotta, which has been more recently discovered (this is discussed in more detail in Section 7). Consequently, they are proposing a facsimile material.

4.11 The proposed scheme will use a wet-cast stone. Cast stone is a cement- based product, used in the 19 th century for garden ornaments etc, and increasingly in the twentieth century as “stone” architectural feature, trim, ornament or facing for buildings or other structures. It is a traditional material that has a surface texture similar to terracotta and whose manufacturing allows for precision copying of an existing terracotta’s colour. This material is easily moulded to form the intricate detail that buildings such as the subject site have. Mouldings will be taken in situ and prior to demolition of the existing columns, capitals, turrets and balustrades to enable faithful replication of the detailing in the new elevations.

4.12 The method by which detail will be taken from the existing building façade is as follows:

4.13 The existing intact detail will have a layer of silicone rubber applied, which will then be allowed to cure in ‐situ. Once cured, further layers of 215

silicone rubber will be built up to form a thickness in excess of 15mm. Once this part of the exercise has been completed to the satisfaction of the pattern maker, a fibreglass case will be formed around the silicone rubber. This case will form the structural backing for the pattern.

4.14 As the first layer of silicone rubber will have been in intimate contact with the existing decoration, the properties of the liquid rubber is such that all the fine detail will transfer from the in ‐situ structure to the rubber giving a faithful and true replication of the building’s decoration in negative form.

4.15 Back at the studio, liquid plaster will be poured into the initial mould taken from the building, which when cured will be taken from the mould and examined to evaluate the result. If there are decorative sections missing, using records taken and examples from elsewhere on the building new plaster sections will be carved and added to the model to reinstate missing detail and restoring the original decoration.

4.16 The resulting plaster model will be inspected in the studio to evaluate the completed restoration. This model will be used to create the final fibreglass and rubber mould to be used in cast stone manufacture. The resulting stone will then replicate the detail that was on the original piece and together with other stones using similar processes will recreate the original structure.

4.17 Wet cast stone has a greater longevity than terracotta and does not alter its overall appearance due to it acting as a water barrier. A sample has been provided to show that a similar colour (to terracotta) stone can be produced. The applicant has advised that it will weather in a similar fashion.

4.18 This is not a listed building, nor is it a conservation area, but it is located on a part of Chiswick High Road that has many listed and locally listed buildings. The building has previously been identified as being of some worth in townscape character terms by the planning inspector on the appeal against the refusal of a previous application. The applicant has taken this into account in their proposal for the site. Whilst, due to continued structural deterioration, it is technically unfeasible to convert and extend the building, its Victorian façade has been replicated in the new scheme. Given that the building is not statutorily listed, and its structural condition, the Council cannot justifiably resist the loss of the building. However, officers have worked with the applicant to ensure that the replacement building is composed of similar lead and copper and that the terracotta replacement actually mirrors the look, texture and variance in colour of terracotta. In addition, the proposed materials will also include handmade red stock bricks, slate roof tiles and timber sash windows, the latter of which have a contemporary slant. Gates and railings will be in traditional painted ironwork.

4.19 Applicant Statement of Community Involvement

4.20 In accordance with PPS12 and its companion guide, the applicant has sought to consult neighbours and keep them abreast of any changes in the proposal. 216

5.0 CONSULTATION

5.1 A site notice advertising the application as a major application was posted on 18/05/11, and the application was advertised in the local press on 27/05/11. 121 nearby properties were also consulted by letter on 16/05/11.

5.2 Three objections and two letters of support were received in response. These are summarised below

Comment Response

You'll probably have my comments The light and parking issues from when this planned re- mentioned by the objector have development was put forward, been addressed as part of the which seems like over 2 years ago. previously approved application I now have a notice about and remain unchanged in the DEMOLITION of the EXISTING current application. BUILDING!! This was not what was previously agreed. Its a beautiful Noise and dirt during demolition period building and I’m surprised are dealt with in an appropriate they would be allowed to pull it manner by the demolition down. My objections still remain the statement approved by the Council same about the light and parking under the previous application and issues and now obviously more resubmitted as part of the current concerned about the noise and dirt application. that a demolition would create. Plus an ugly looking modern building in The replacement building would place of a period building and even not be modern in design. more concerned about the light issues, considering we are on a ground floor flat opposite this site. I will only agree to any planned re- development on the existing building and strongly oppose any demolition.

I am in favour of this application Noted and hope that approval will be granted early. After several years of having the current disused building outside of our windows I am keen that work on the project starts as soon as possible.

This building has been empty for These are largely comments almost 5 years which is disgraceful. related to issues that have The original plans were based on previously been accepted by the renovating the existing building, but Council. now that the owners have found that the building is structurally 217

unsound, I do not think that we should automatically approve a new building that copies the old building. In particular, I object to the high density of the proposal, the underground car park, and the commercial component of the development, particularly in a primarily residential end of Chiswick High Road.

I am not happy with the plans to The applicant has made a case for demolish 29 Chiswick High Road demolition that is robust and and to build a new building in it's officers reluctantly accept. The place. I think the old building has scheme and any proposed character and features that will be conditions seek to ensure that the lost for ever. I was very pleased to replacement building makes an see the plans on the board outside equal contribution to the character of 29 Chiswick High Road - ie to and appearance of the streetscene keep the current building and add as that of the old. two town houses in similar style. I would support those plans but not those to demolish the building.

5.3 Environment Agency

5.4 Having reviewed the Flood Risk Assessment (FRA) prepared by Q Developments Ltd (April 2011), we have no objection to the proposed development for the following reasons:

5.5 The site levels (min 5.3mAOD) quoted in the FRA are above the 200 year flood levels (5.15mAOD). Furthermore, there is no ‘more vulnerable’ development (as per Table D.2 of Planning Policy Statement 25: Development and Flood Risk) proposed at basement level.

6.0 POLICY

6.1 Determining applications for full or outline planning permission

6.2 When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

The Development Plan

6.4 The Development Plan for the Borough comprises the saved policies in the Council’s Unitary Development Plan (‘UDP’), the Employment Development Plan Document, the Brentford Area Action Plan and the London Plan.

218

6.5 The London Plan was adopted in July 2011.

6.6 The UDP was adopted in December 2003 and was amended and saved as of 28 September 2007 by Direction from the Secretary of State.

6.7 The Employment Development Plan Document was adopted on 25 November 2008 and has superseded the Employment Policies contained in UDP Chapter 7 and the following Implementation Policies contained in UDP Chapter 2: IMP.4.1, IMP.4.2, IMP.4.3, and IMP.4.4.

6.8 London Plan

Policy 1.1 Delivering the strategic vision and objectives for London Policy 3.1 Ensuring equal life changes for all Policy 3.3 Increasing housing supply Policy 3.4 Optimising housing potential Policy 3.5 Quality and design of housing developments Policy 3.6 Children and young people’s play and informal recreation facilities Policy 4.1 Developing London’s economy Policy 4.3 Mixed use development and offices Policy 5.1 Climate change mitigation Policy 5.2 Minimising carbon dioxide emissions Policy 5.3 Sustainable design and construction Policy 5.7 Renewable energy Policy 5.12 Flood risk management Policy 5.13 Sustainable drainage Policy 5.18 Construction, excavation and demolition waste 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 7.6 Architecture Policy 7.15 Reducing noise and enhancing soundscapes Policy 8.2 Planning obligations Policy 8.3 Community infrastructure levy

6.7 Unitary Development Plan 2003

ENV-B.1.1 New Development

219

ENV-B.1.5 Environmental Improvements ENV-P.1.5 Noise Pollution H.4.1 Housing Standards and Guidelines T.1.2 The Movement Implications of Development T.1.4 Car and Cycle Parking and Servicing Facilities for Developments T.2.1 Pedestrian Access T.4.3 Traffic Implications of New Development T.4.4 Road Safety IMP 6.1 Planning Obligations

6.8 Supplementary Planning Documents

Planning Obligations Air Quality

Supplementary Planning Guidance 1997 Supplementary Planning Guidance

3.0 Safety & Security Guidelines 4.0 Daylight & Sunlight 9.0 Form & Design 10.0 Private Amenity Space 11.0 Internal Space Provision 12.0 Housing for People With Disabilities

6.9 The emerging Core Strategy On 12 July 2011, the Council's Cabinet approved that the Core Strategy "Preferred Strategy" should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that very limited weight can be given to it at this stage.

6.10 The draft National Planning Policy Framework The draft National Planning Policy Framework (NPPF) was published for consultation on 25 July 2011. The NPPF is a consultation document and, therefore, potentially subject to amendment. Nonetheless, as emerging policy, the Local Planning Authority (LPA) considers that the NPPF is capable of being a material consideration. As the Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled and given that the NPPF is still in the consultation stages, the LPA considers that very limited weight can be given to the NPPF at this stage.

220

7.0 PLANNING ISSUES

7.1 The main planning issues to consider are:

• The principle of the extension of the existing building for commercial and residential development • The siting, massing and design of the proposed building • The density of the proposed residential development • Impact on future residential amenity • The impact on the amenity of neighbours to the site • The implications for traffic and parking in the locality • Sustainability

The principle of the extension of the existing building for commercial and residential development

7.2 The principle of the use of the site for mixed use is established by established use, the acceptance of such uses by the appeal Inspector and the fact that a similar consent was granted by the Sustainable Development Committee in July 2008.

7.3 Planning Policy Statement (PPS 3), the London Plan and the Unitary Development Plan 2003 (UDP) seek to maximise housing on previously developed sites. Policies 3.4 and 3.5. of the London Plan state that boroughs should ensure that developments should maximise the potential of sites, with the latter aiming to essentially promote high quality inclusive design and create or enhance the public realm, provide for or enhance a mix of uses, be accessible, usable and permeable for all users, be sustainable, durable and adaptable in terms of design, construction and use, be practical and legible.

7.4 Planning proposals need to ensure that development optimises the use of previously developed land and vacant or underused buildings, ensure that development takes account of the capacity of existing or planned infrastructure including public transport, utilities and community infrastructure. Taking account of the suitability of sites for mixed use development and the contribution that development might make to strengthening the local communities and economies including opportunities for local businesses and for the training of local people.

7.5 The ground floor of the premises are currently vacant, previously used as a restaurant. The proposal is for the use of the lower and upper ground floor levels of the new building for commercial use. Although the site is located outside the designated town centre, it is on Chiswick High Road where commercial uses are appropriate and the site will provide continued business and employment opportunities that will benefit the local economy. Additionally, the commercial use of the site has been long established.

221

7.6 The principle of the provision of dwellings on the site is acceptable given the site already provides residential accommodation. Planning applications 00248/29/P12 and P13 were approved in 2008 and 2009 respectively and involved the addition of nine (9) residential dwellings. The proposed scheme would provide the same number of residential units, with a greater mix of larger units, in line with application P13. It would provide three two-bedroomed flats, four three-bedroomed maisonettes and two four-bedroomed townhouses. The site is also adjoined to the sides and rear by residential development. Although not located within the town centre, the site is well served by public transport (The Public Transport Accessibility Level (PTAL) is 5 i.e. good.) and local shops and is considered to be a suitable location for housing, subject to the scale, design and impacts of its provision being satisfactory. A proportion of affordable housing is not required as the number of proposed dwellings falls below the London Plan Policy 3.13 threshold of 10 units obligations SPG threshold of ten (10) dwellings, but the site fulfils another requirement (of London Plan policy 3.8) that of housing choice, including family sized units, which are also considered to make an important overall contribution to overall housing provision, especially in adjacent to town centre, sustainable locations such as this.

7.7 The current proposal, like its predecessor, would project across 11m rear width of the building and adjoins the Netheravon Road boundary. It has four storeys where it meets the rear of the existing building and projects for a depth of 6.4m before stepping down to three-storeys for a further projection of 10.5m. The extension currently proposed would be located 3.9m from the rear boundary and would be 10.9m high at this point, 0.4m below the ridge height of 1 Netheravon Road.

7.8 Principle of total demolition and rebuild using wet-cast stone.

7.9 Section 4 details how the building has been shown to be structurally unsound. It cannot be converted, or extended in its current form. This is a feasibility issue and not a matter of cost.

7.10 The building is not listed, nor is it in a conservation area. Had the Council considered the building worthy of listing before, it had the opportunity to put it forward for listing and did not. Neither has the building been locally listed. Consequently, whilst it has some townscape value (in its façade), this is limited, and this is replicated in the new scheme. This demolition and replication is considered to be acceptable and is aided by the use of materials that are either similar (in appearance and weathering process), or the same, as the existing building. The difficulty in sourcing terracotta necessitates that a replacement be used, and the wet-cast stone is a suitable match in colour, appearance, texture and weathering. Furthermore, it should enable the longevity of the building, greater than if terracotta were used, as the following paragraphs explain.

7.11 The use of glazed terracotta is a key feature of the character of this building, as originally built. Use of terracotta as a building material took off in the UK in the 1860s, when architects, realizing how rapidly stone 222

buildings would decay, took inspiration from Renaissance buildings in Italy. In the previous two centuries, glazed terracotta was the architectural industry’s “cure all” material. Today, however, the repair and replacement of terra cotta building elements presents extremely complex restoration issues. Deterioration of terra cotta creates a cause-and-effect breakdown of entire structural systems, with the failure of the glazed terracotta units themselves as well as the deterioration of mortar, metal anchors, and masonry backfill.

7.12 Another problem is that glazed architectural terracotta was historically regarded as a waterproof building material, which is now known to be a misconception. In fact, serious water-related failure became evident even in the early life of many terra cotta structures built in the late 1800s and early 1900s.

7.13 No one terra cotta deterioration scenario is ever identical to any other, owing to an infinite number of variables, including original construction and installation, amount of component parts, ongoing (and often ineffective) repairs, and an array of deterioration causes.

7.14 True terra cotta replacement is always advisable and preferable, but not always possible, in this case due to a lack of availability. However, given the issues regarding the durability of terracotta that have now been discovered and given that it is used in a great part of the existing elevation, this lack of availability presents an opportunity to replace the building with one composed of a material that, whilst similar in appearance, will better stand the ravages of time.

7.15 Therefore, as some types of traditional stone were historically replaced to some degree by terracotta, so now, in certain situations, it may be more preferable to use other suitable materials (such as wet-cast stone) to terracotta. This is considered to be one of these occasions, given the difficulties in sourcing terracotta and the fact that it covers a large area of the façade and does not always weather well. The building will therefore echo its original appearance through using updated building technique.

7.16 In conclusion, and given the factors and issues discussed above, it is concluded that the demolition of the existing building and the use of the alternative material can be accepted.

7.17 The following photos show the existing and proposed materials, and how they favourably compare.

223

Figure 3: Existing terracotta

Figure 4: Proposed Wet-Cast Stone

The siting, massing and design of the proposed building

7.18 Planning approval was granted under planning application reference 00248/29/P13 for a two-storey roof extension to the original building. This extension makes up an element of part of the current total rebuild planning application. The brickwork, gable ends, parapet, bay windows and cupola of the original building will be retained. The roof of the building will match the height of the roof of the adjacent building on Chiswick High Road. The building line to Chiswick High Road will be retained.

7.19 Unlike previously approved applications this application has solar panels and an acoustic plant screen on the roof, in addition to a lift overrun. These features are now required due to the need to comply with current sustainability, living standard and equalities legislation and these factors must be balanced against the impact of these features on the streetscene and would also have been needed as part of any implementation of previous permissions.

7.20 The rooftop lift overrun and plant enclosure cannot physically be reduced 224

in height any further due to constructional constraints of the proposed development. The lift will need a minimum overrun of 3.5m from the last floor at which the lift stops in order to comply with the safety standards in BS EN 81 which is the standard for lifts (this is to a safe refuge at the top of the shaft to stop a maintenance operative being crushed. Above this 700mm is allowed for structure, roof finishes and insulation. This puts the top of the overrun at 1m above the general flat roof finish. This cannot be reduced further. By its very nature the overrun will protrude above the lift shaft and level of accommodation. Under application P13 the lift shaft protruded by 51cm and was acceptable.

7.21 The enclosures are to acoustically screen plants required by LB Hounslow to improve air quality to the apartments and negate noise pollution to adjoining properties. The plant screen is the absolute minimum to both visually and acoustically screen the chillers units for the apartments and commercial space. The chiller units are approximately 1500mm high.

7.22 The photo voltaic panels are required to provide renewable energy for the development in accordance with the renewable energy report provided with the application. These will be mounted at the minimum pitch possible of 10 degrees to still provide a reasonably efficient output, whilst minimising the impact on the elevation. This is in line with the advice of LB Hounslow’s Conservation Officer at pre-application stage who warned of the visual implications for the excessive use of PV Panels visible from the public realm which would be to the detriment of visual amenity and appearance of the building. Further PV Panels sited closer to the front edge of the rest of the development would clearly be visible from Chiswick High Road, positioned as they would need to be at an elevated position.

7.23 The applicant has provided (in their initial Design and Access Statement) a study that shows that these features will not be visible from the ground on the north side of Chiswick High Road, which is the furthest point anyone could stand from the building in the immediate vicinity and expect to be able to view the roof. However, they have also provided further drawings that show that the solar panels would be partially visible at a point 30m from the site (along Chiswick High Road) and the acoustic screen at a point 40-70m along the street. This is considered to be a reasonable distance from the building such that the immediate character and appearance of the streetscene is not harmed, nor is the setting of any listed buildings in the vicinity. This minimal visual impact is largely because of restricted views from street level, angles of sight and screening from street trees. The roof top plant would be neutrally painted to further minimise any impact.

7.24 The proposed materials would match the existing building. The moulded sample that has been provided (See Fig 5) is an example of the quality in replication of the detail to be produced. This is not taken from the existing building and whereas the composition of material used is the same it is not of the proposed finish. As has been detailed in the applicant’s submission, mouldings will be taken from the existing building to replicate those features of the existing building. Existing jointing can be replicated 225

and can be conditioned to be replicated.

Figure 5: Moulded Sample

Figure 6: Existing moulding 7.25 Environmental improvements of £7,200 should be (and were previously) sought (under application P13) in accordance with the Planning Obligations Supplementary Planning Document. This is to offset the impact that an increase in number of residential units (and associated bedrooms) would have on the quality of the built environment and also to account for the additional pressures that the commercial uses may place on the public realm. Litter and higher trip numbers are among such pressures.

The density of the proposed residential development

7.26 The London Plan policy 3.4 recommends that development proposals achieve the maximum intensity of use compatible with local context and with public transport capacity. Account should also be taken of design and the relationship with social infrastructure, as well as open space and playspace issues the proposal will replace the approved P13 building with a replica building and includes nine (9) dwellings. Policy 3A.4 is supplemented with a density matrix (Table 3.2) that sets varying density ranges for development depending on the location, setting in terms of 226

existing building form and massing and public transport accessibility. For this site, which is well served by public transport, and within 10 minutes walk of the town centre, an urban density range of 200-700 habitable rooms per hectare (HRHA) is appropriate. The proposed development has a residential density of 604 HRHA, which is within the standard range for this type of site, and is unchanged from application P13. The rise in density from P12 is due to the increase in the number of habitable rooms from the larger building and is not due to an increase in units, as the number (9) remains the same as previously approved.

7.27 The density of a development can give an indication of the intensity of use of a site and the recommended density range a guide to what is likely to be the most appropriate intensity of use

7.28 However, this is subject to the provision of obligations regarding open and amenity space (to accommodate for shortfalls and in an area of shortfall), a restriction on parking permits and traffic management order and environmental improvements contributions (in an area under parking pressure and subject to associated environmental pressures).

Impact on future residential amenity

7.29 As in application P13, all residential units comply with the net floor area standards in the Supplementary Planning Guidance (1997) and also those of the Mayor in the new London Plan. All units and their room sizes are of a reasonable and accessible layout and given the presence of the lift either usable by the non-ambulant, or adaptable for use as such.

7.30 All rooms in the flats, maisonettes and townhouses have windows except some bathrooms. Bathrooms are not habitable rooms and therefore the proposed room layouts are considered acceptable in this instance. Many of the kitchen areas are themselves window free, but are part of larger living room/dining rooms, all of which are adequately naturally lit from windows.

7.31 The proposed application (and the previously approved application P13) provides private amenity space for six of the nine units, totalling 218m 2. These are in the form of roof terraces that face towards the street, rear gardens and balconies. None of the two bedroomed-flats have access to private amenity space. Each of the remaining three- and four- bedroomed units have their own private amenity space. The three- bedroomed maisonettes have the following amounts of private amenity space: 80sq.m (roof terrace and only private amenity space to be SPG compliant); 52sq.m (roof terrace and balcony); 16sq.m (roof terrace); and 17sq.m (roof terrace and balcony). The four-bedroomed town houses each have rear gardens providing 25sq.m and 28sq.m of private amenity space. The roof terraces face on to the street, which increases exposure to pollution and noise from the street, but is not unusual in urban locations such as this. The use of roof terraces remains unchanged from the previous schemes. The proposal does also include both rear balconies and gardens, which are less likely to be affected by street pollution.

227

7.32 A total of 400sq.m of private amenity space is required. Each habitable room over 20sq.m that is capable of being qualifies as two habitable rooms. Given the location of the site on the High Road, close to the town centre, and its utilisation of the existing building, the full provision of open space on site is not practical. If the proposal is acceptable, the shortfall in provision could be addressed through a financial contribution to improve nearby local open space such as Homefield Recreation Ground, which future occupants without their own space may use, and for broader recreational needs. However, amenity space and play space should be provided on site especially for family units. Financial contributions were made for approved planning applications 00248/29/P12 and P13 towards public open space, private amenity space and play area provision, and towards environmental improvements and, for the reasons given above, are still considered appropriate for this scheme.

7.33 On balance, it is considered that the proposed residential accommodation whilst not wholly complying with policies ENV-B.1.1 and H.4.1 of the UDP in respect to future occupiers living conditions, would be acceptable as it provides family accommodation in the town centre, with some amenity space, and provides a financial contribution in a s106 agreement to mitigate for a shortfall in private amenity space on site.

The impact on the amenity of neighbours to the site

7.34 The site is adjoined by residential buildings. The south of the site adjoins No. 1 Netheravon Road, which is a three-storey semi-detached house. The side elevation of this house facing the site is largely brickwork, though there are a number of secondary windows at each storey and a conservatory extension to the ground floor. Prebend Mansions on the opposite corner, across Netheravon Road, is a four-storey residential flat building with windows to all floors that face the site.

7.35 The rear element would have two rear bathroom windows that face towards the side elevation of No.1 Netheravon Road. These windows are located 5.4m from this neighbouring property. The proposal incorporates dormer roof windows and balconies on the rear wall of the main property. The balconies would be positioned 17m from the original two-storey rear projection at No.1 Netheravon Road. The neighbouring property of 1 Netheravon Road has a ground and first floor window on the main side wall of the property and side window on the stepped in rear projection. An obscure glazing condition could be attached to address potential overlooking from the bathroom windows of the extension into the side windows of No. 1 Netheravon and represent common glazing in bathrooms that would still make the usable in natural light. The balconies and dormers proposed do not project beyond the rear building line shared with its eastern neighbouring property of Parr Place.

7.36 As detailed in previous sections, the additional rooftop structures will not be overly visible from neighbouring properties.

7.37 The ground floor of the premises is currently vacant but was previously used as a restaurant, which falls under use class A3. The last planning application (00248/29/P13) granted consent for A1, A2, A3, B1 and D1 228

use classes, the same as proposed under the current application the site is outside Chiswick town centre and the primary and secondary shop frontages. However, the nearby properties on both sides of Chiswick High Road are characterised by a mixture of commercial and residential use at ground level along the street. Restaurants, a hairdresser’s and shops are located nearby. Appropriate ventilation would need to be installed if the unit is to be used as a restaurant, however it has previously been used for this purpose. A1 use class (shops), A2 (financial and professional services), B1 (business) and D1 (non- residential institutions) are not out of keeping (subject to a floor area restriction in the case of D1) with other uses along the high street and normally operate during normal working hours which should reduce disruption to nearby properties.

7.38 The underground car parking spaces are also located away from Parr Place residential flats and are positioned towards the Netheravon Road side of the site, 5.m away from the side elevation of No.1 Netheravon Road at their nearest point, as well as being 3.2m below ground level at this point. This would reduce the impact of noise on residential properties close to the site.

7.39 The commercial entrance located on the northeastern side of the building is positioned 6m further forward than the front wall of the residential block of Parr Place. This gap would help to reduce any disruption to these nearby residential units. A condition could be attached to a planning approval, to restrict the opening times to customers and would help to reduce noise disruption to nearby residents.

The implications for traffic and parking in the locality

7.40 The site, is vacant but formerly was used as a restaurant and bar with associated uses and five (5) bedsits. It has two (2) parking spaces accessed from Netheravon Road with servicing and refuse collection also from the rear yard.

7.41 The Unitary Development Plan (UDP) maximum parking provision would be sixteen (16) parking spaces but nine (9) parking spaces for residential use only are proposed. The parking layout meets appropriate standards in terms of manoeuvring into and out of the parking spaces. The Public Transport Accessibility Level (PTAL) is 5 i.e. good.

7.42 The previous approval for application P13 provided car parking for nine (9) cars and nine (9) cycles with access from Netheravon Road. Therefore the current proposal for 9 car parking spaces and 9 cycle spaces for 9 residential units is also acceptable.

7.43 The parking provision is also in line with Table 6.2 of the new London Plan, which identifies the Mayor’s expected residential parking standards.

7.44 Chiswick High Road forms part of the saturated East Chiswick Controlled Parking Zone. It is considered that a condition should be included to 229

exclude the residents of the flats from obtaining resident parking permits, should approval be considered. Even though there is a local Car Club new residents may be tempted by the convenience of personal car use, given that at the junction of Netheravon Road and Chiswick High Road there are only two (2) spaces dedicated for car club vehicles and one (1) metered bay. The remaining spaces in the road are part of the East Chiswick CPZ and are for residents only during the day but not overnight. It is considered that this development would lead to further pressure for the available kerbside spaces, which are in short supply. Without this obligation it is likely that car use would not be discouraged with harmful consequences, not only in terms of sustainability, but also in relation to parking congestion.

7.45 None of the parking is designated for commercial units. The site is located on the High Street with good public transport links and is generally acceptable for no parking to be provided at such locations. Meter Parking bays offer opportunity for customers using the commercial units to park during the day. There are no restrictions in the evenings, should one of the units be A3 (restaurant or café) or D1 (non-residential institutions) use class.

7.46 Servicing would take place from the street as it does at present. Although this would not be ideal it is relatively commonplace arrangement in urban areas. This assertion was backed up by comments made by the Inspector for the Appeal Decision for application P11. The refuse storage area is located close to the collection point and is therefore satisfactory.

7.47 The location of the crossover on Netheravon Road would result in a loss of street residential parking bays. The cost of amending the traffic order would be approximately £2,500 and would be borne by the applicant. Alterations to the parking bays on the carriageway would also need to be carried out.

7.48 Pedestrian visibility of 2.4m x 2.4m either side of the crossover with nothing over 600mm high in this region is required. A dwarf wall north of the site along the site frontage is proposed that is to be no higher than 600mm. It is noted that the visibility south of the site cannot be achieved, as the boundary wall is not in the applicant’s ownership.

7.49 It is noted that the proposed gate is set back from the footway. This will ensure that the footway is not obstructed while a car is waiting to enter the car park.

Sustainability

7.50 The broad aim of sustainable development is to ensure that the quality of social, economic and ecological environments are improved and maintained for future generations. The UDP and London Plan encourage sustainable development through many policies. The London Plan promotes the use of energy efficient building design and materials in Policies 5.1, 5.2, 5.3 and 5.7, whilst other policies espouse the re-use of previously developed land and existing buildings, and location of 230

development in or close to town centres and areas with good public transport.

7.51 The proposal will rebuild the existing building and extends onto already developed land in an established residential area, which is consistent with policy objectives that seek to maximise the intensity of development and direct it in the first instance to brownfield sites, particularly those close to shops, services and public transport that will minimise additional vehicle movements.

7.52 The applicant’s supporting statement lists the building’s sustainable design features and states that the arrangement of apartments around a central core is thermally efficient and would maintain natural ventilation. There will be a system of rainwater collection and re-use and the building will be well insulated with double glazing to all windows and doors. A combination of photovoltaic and solar water heating panels on the roof will be provided. The latter features were not present in the approved application P13, but were negotiated as part of the attempts by the application to discharge the sustainability condition attached to the proposal.

7.53 These negotiations continued on into those for the current application. The applicant and the Council’s Sustainability Consultant agreed that the level of renewable energy generating sources is restricted by the site and development constraints. Further provision of alternative renewable energy generating sources is not possible and the only viable renewable energy source within the development is PV panels to the roof.

7.54 The Energy Statement generally meets the requirements of London Plan Policies. The use of the proposed solar thermal and PV will give a 24% reduction in CO2 emissions meeting the requirements of London Plan Policy 5.7.

7.55 The applicant has managed to satisfy the majority of the Sustainability Officers requirements concerns. However, despite the fact that the development will be unable to meet the mandatory CO2 reduction requirements of the Code for Sustainable Homes Level 3, the applicant has been asked to provide a pre-assessment to demonstrate how all the other requirements of the Code have been met. This has been provided and the flats will meet this level, with the houses falling a fraction below level 3. In the case of the latter this is acceptable, given that the adjustments required to achieve the level would harm the character and appearance of the area.

7.56 These attempts on the part of the applicant to be sustainable have necessitated the inclusion of the solar panels on the roof, which are not a feature of the current building, but, as detailed above, are not overly prominent in the vicinity.

7.57 Noise

7.58 This is a noise and air quality sensitive environment, but the applicant has submitted and updated their previously approved document for the 231

previous application on this matter. These have been updated to allow for the fact that the building is now to be rebuilt rather than adapted and extended.

7.59 The main change from the P13 scheme is the proposed plant installation on the roof comprising 9 air conditioning units, which will be bounded by a 1.5m high timber barrier. The applicant has submitted a noise report showing how they consider this to be acceptable. This is the same methodology, form and location of such equipment as was approved by the Council to discharge the noise conditions attached to P13.

7.60 The Council’s Pollution Control department consider these measures acceptable, but have asked that the gate motor mechanism noise level be set by condition

7.61 Recycling

7.62 The Council’s Recycling Department have advised the recycling storage arrangements they would deem acceptable.

7.63 Requirements specific to this planning application: Frames required: 1 x estate recycling frame, 1 x 1100 litre cardboard bin.

7.64 Requirements for Household Waste This development would require 1 x 1100 litre standard euro bins. The bins would be procured by the developer on completion.

7.65 It is also necessary to consider it is likely that the London Borough of Hounslow will be introducing collections for kitchen waste. Provision for the collection of these materials will need to be made. It is recommended leaving a space 1 metre in depth by 1.5 metres in width for kitchen/ composting waste. This is allows for any changes to the current collection system, and so is highly recommended at this time. It is worth noting however, that as the recycling service and the number of materials that can be collected expands, there should be less need for the capacity for normal domestic refuse.

8.0 PLANNING OBLIGATIONS

8.1 It is considered that a Section 106 Deed should be entered into by the applicant to secure environmental, amenity and play space improvements for the area, and to mitigate for any harm it may cause, in terms of traffic and neighbours’ amenity. This is despite the development having fewer units than would usually trigger such payments. However, these payments are considered to meet the tests set out in Circular 05/05.

8.2 A planning obligation 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 232

development; and (v) reasonable in all other respects.

8.3 The justification for these contributions is detailed in Section 7. In summary, they are the same as those secured under P13 and have not changed as there is no increase in dwellings, no extra floorspace, no change to amenity space.

8.4 The applicant has indicated that they would be willing to sign such a deed, and is content with the proposed Head of Terms, which are as follows and are calculated (where relevant) using the Council’s SPD:

Public Open Space = £4,200

Private Amenity Space = £6,030.95

Play Space = £7,200.00

Environmental Improvements: £7,800.00

Agreement for future residents not to apply for parking permits

Traffic Management Order £2,500

8.5 The applicant has agreed, in writing, to these Heads of Terms, which duplicate those sought and agreed for the previously approved P13.

9.0 EQUALITIES DUTIES IMPLICATIONS

The Council has to give due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, which is available at:

http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/ environment_eias.htm

It is considered that there will be no specific implications with regard to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.

Relevant Section of All other large scale development Relevance Test 1000m2-9,999m2, where the site area is 1ha and less than 2ha

10.0 CONCLUSION:

10.1 This is a largely identical scheme (in appearance) to that of the approved scheme P13, but the same quantum and design of development is proposed through complete demolition and reconstruction using similar, materials. Changes in building regulations and sustainability

233

requirements balanced against pre-application advice on streetscene issues have resulted in the addition to this scheme of an acoustic screen, solar panels and an increased lift overrun to the roof. The former two elements were approved under condition as part of the previous application.

10.2 Ideally, the existing building would be retained, but it has been proven structurally unsound in the long-term and would no longer be readily capable of conversion due to deterioration. The principle of demolition and reconstruction is therefore acceptable.

10.3 Such a new building would ideally be constructed of the same materials. However, the applicant has explained that, due to difficulties in sourcing terracotta, they need to use similar, but not the same materials. On balance and considering that the original building had previously been altered to a significant degree, or received permission to be altered to a significant degree, and given the non-listed status of the existing building, the fact that it is not within a conservation area, and the benefits of the proposed Wet-Cast Stone, this partial change of materials is considered acceptable.

10.4 The development would provide a suitable level of accommodation for future residents, both residential and commercial. The development would preserve and enhance the character and appearance of the area and would not harm neighbours’ living conditions, or pedestrian and highway safety.

10.5 As such, approval is recommended subject to a legal agreement.

11.0 RECOMMENDATION:

GRANT

That planning permission be granted subject to the following conditions and securing the abovementioned planning obligations by the prior completion of a satisfactory legal agreement or unilateral undertaking made under Section 106 of the Town and Country Planning Act 1990 and or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Assistant Director Corporate Governance.

The satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 31/12/11 or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or within Legal Services.

8.6 If the legal agreement or unilateral undertaking is not completed by the date specified above (or any agreed extended period), then the Director of Environment or Assistant Director - Environment Department (Regulatory & Development Services) or Development Control Support Manager is hereby authorised to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010, 234

development plan policies and the Planning Obligations SPD, as described in this Report.

8.7 If planning permission is refused (for the reasons set out above), the Director of Environment or Assistant Director - Environment Department (Regulatory & Development Services) or Development Control Support Manager (in consultation with the Chair of Sustainable Development Committee) is hereby authorised to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it (a) duplicates the planning application, and (b) that there has not been any material change in circumstances in the relevant planning considerations, and (c) that a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time.

Reasons:

The development is considered to be acceptable infill development and would provide a suitable standard of accommodation for future residents, subject to a s106 agreement. The development would preserve and enhance the character and appearance of the area and would not harm neighbours’ living conditions, or pedestrian and highway safety and complies with policies ENV-B.1.1 (New Development), ENV-B.1.5 (Environmental Improvements), ENV-P.1.5 (Noise Pollution, H.4.1 (Housing Standards and Guidelines), T.1.2 (The Movement Implications of Development), T.1.4 (Car and Cycle Parking and Servicing Facilities for Developments), T.2.1 (Pedestrian Access), T.4.3 (Traffic Implications of New Development), T.4.4 (Road Safety), IMP 6.1 (Planning Obligations) of the Adopted Unitary Development Plan.

Conditions:

Given that a number of conditions on the previously approved application were discharged, and the applicant has submitted the same information as part of this application, it is not considered necessary to repeat these conditions, at least in the same form. Others have been retained, or added, due to the modified nature of the scheme.

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON To accord with the provisions of Section 91 (1) (a) of the Town and Country Planning Act 1990)

2. The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans submitted therewith (Design and Access Statement, Structural Survey, Planning Statement, Sustainability Checklist, Statement of Community

235

Involvement, Townscape and Heritage Impact Assessment, Transport Statement, Flood Risk Assessment, Acoustic Reports, Waste Management Strategy, Energy Statement, Renewable Energy Standard Form, Air Quality Assessment, Drawing Numbers P-11 REV C, P-12 REV B, P-13 REV C, P-20, P21, P22 rev B, P-40 REV A, P-42 REV A, P- 46 REV A, P47 REV A, received 04/05/11.

D P-14 REV C, P-15 REV F received 15/09/11

Drawing Number T100075/P/0001 received 12/01/11

Target Emission Rate document, SAP checklist, Energy Statement, Rainwater Harvesting document, Ventilation Strategy, received 12/07/11.

Energy statement received 15/07/11.

Wet Cast Stone Justification and Planning Statement page 16 Addendum received 01/08/11

Code for Sustainable Homes Pre-Assessments for Houses and Apartments received 09/08/11

Moulding Methodology Statement received 16/08/11

Control of fumes and odour for residential and restaurant, including sound attenuation to any plant document and Scheme for ventilation of restaurant and residential premises including sound attenuation to any plant and standard or dilution document/Statement of ventilation strategy, Proposed maintenance schedule for commercial kitchens, Gem Air Quality Assessment, Drawing Numbers CHR_W_OO1, CHR_W_OO2, 3(13); Rainwater Harvesting statement, Gartec Platform Lift details dated 22/07/10, Method Statement and Scheme of Construction Practice, Strip out and Demolition statement 31/08/11, Drawing Number 006036X1PC, Waste Strategy dated 21/12/10, Drawing Number P-01, received 01/09/11.

Lombard Red Brick Sample, Meadowstone Amber Pre-cast Standard Portland Wet Cast Stone Sample, Natural Slate Sample, Amber precast WCVWA/NB/1/101 Wet Cast Stone Sample, Tecu Patina Copper Sample, received 08/09/11

Acoustic Design Review – Practical Acoustics Ltd dated 19/10/10. Acoustic Construction Drawings – Conran and Partners. Noise Impact Assessment – Practical Acoustics Ltd dated 6/09/10. External Building Fabric Assessment - Practical Acoustics Ltd dated 19/01/11- All received 01/09/11.

Weathering and Texture Characteristics of Wet Cast Stone statement provided by Amber PreCast received 15/09/11.

Drawing Numbers P-14 REV E, P-15 REV G, P50 received 07/10/11) and approved by the Local Planning Authority, or as shall have been 236

otherwise agreed in writing by the Local Planning Authority before the buildings are occupied. REASON To ensure the development is carried out in accordance with the planning permission.

3. The ground levels shall not be raised or otherwise altered from those shown on the approved plans, without the prior approval of the Local Planning Authority in writing. REASON To ensure the form and size of the buildings and site layout are at existing ground levels in the interests of the amenities of the adjoining residents, in accordance with policies ENV-B 1.1 and H 4.1 of the Town and Country Planning Act 1990.

4. No demolition or construction work shall take place on the site except between the hours of 0800 to 1800 on Mondays to Friday and 0900 to 1300 on Saturdays and none shall take place on Sundays and public holidays without the prior agreement of the Local Planning Authority in writing. REASON In order to safeguard the amenities of adjoining residential properties, and to ensure that the proposed development does not prejudice the amenities of the locality in accordance with policies (a) ENV.B.1.1 New development (b) ENV.P.1.5 Noise pollution

5. The development hereby approved shall be carried out in accordance with the approved method statement and scheme of construction practice which cover the following matters: (i) any illumination of the site during construction (ii) measures to ensure that all mud and other loose materials are not carried on the wheels and chassis of any vehicles leaving the site (iii) measures to minimise dust nuisance caused by the operations and to ensure that no dust or other debris is carried on to the adjoining properties (iv) considerate contractor scheme (v) boundary treatment for the construction site (vi) details of size and location of construction compound The construction scheme so approved should be fully implemented prior to commencement of construction operations. REASON In order to safeguard the amenities of adjoining residential properties and in the interests of road safety, and to ensure that the proposed development does not prejudice the amenities of the locality in accordance with policies (a) ENV.B.1.1 New development (b) ENV.P.1.5 Noise pollution (c) ENV.P.1.6 Air pollution (d) ENV.P.1.7 Light pollution (e) T.4.4 Road Safety of the Hounslow UDP.

237

6. Details of facilities for the loading, unloading and turning of vehicles shall be in accordance with approved Transport Assessment and implemented in accordance with such approval prior to first occupation of any part of the development. REASON To ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety along the adjoining highway in accordance with policy ENV.B.1.1 New development, policy T.4.4 Road Safety.

7. Materials will be in accordance with those listed- Lombard Red Brick Sample, Meadowstone Amber Pre-cast Standard Portland Wet Cast Stone Sample, Natural Slate Sample, Amber precast WCVWA/NB/1/101 Wet Cast Stone Sample, Tecu Patina Copper Sample- and submitted 08/09/11, and listed above, and in the case of the Wet-Cast stone, of a finish to be approved in writing. Development shall be carried out in accordance with the approved details and any additional materials will require the prior written approval of the Local Planning Authority. REASON In order that the Council may be satisfied as to the details of the development in the interests of the visual amenity of the area and to satisfy the requirements of policy ENV-B1.1 New Development.

8. No fans, louvres, ducts or other external plant shall be installed without the prior approval of the Local Planning Authority in writing. REASON To protect the visual amenities of the area, and to ensure that the proposed development does not prejudice the amenities of the locality in accordance with policies (a) ENV.B.1.1 New development (b) ENV.P.1.5 Noise pollution (c) ENV.P.1.6 Air pollution

9. No work or associated activities including deliveries /loading /unloading /servicing /or parking or manoeuvring of vehicles by staff and/or visitors shall be carried out on the premises on any Sunday or Bank Holiday nor before 8am or after 6pm on Monday - Friday nor before 8am or after 1pm on Saturdays. REASON To safeguard the amenities of nearby occupiers and the area generally in accordance with policies (a) ENV.B.1.1 New development (b) ENV.P.1.5 Noise pollution

10. The arrangements for storing and collection of domestic and commercial refuse or waste and recycling shall not be carried out otherwise than in accordance with the Waste Strategy submitted 01/09/11 and shall be completed before any part of the development hereby permitted is occupied. REASON To safeguard the amenities of the area and in accordance with policies ENV.B.1.1 New Development and ENV-P.2.4. Recycling Facilities in 238

New Developments.

11. The development shall be constructed in accordance with the Acoustic Design Review – Practical Acoustics Ltd dated 19/10/10. Acoustic Construction Drawings – Conran and Partners. Noise Impact Assessment – Practical Acoustics Ltd dated 6/09/10. External Building Fabric Assessment - Practical Acoustics Ltd dated 19/01/11- (All received 01/09/11 ) in order to protect against excessive external noise and the transmission of sound, and any works that form part of such a scheme shall be completed before any part of the development is first occupied or used. REASON To ensure satisfactory environmental conditions for the occupiers/employees of the proposed building/carpark and to prevent noise disturbance to adjoining and nearby properties in accordance with policy ENV.B.1.1 New development and policy ENV.P.1.5 Noise pollution.

12. The development shall not be occupied until the approved scheme for the control of fumes and odours for both the residential and restaurant premises, including details of sound attenuation for any necessary plant, have been implemented. REASON In order that the Local Planning Authority may be satisfied as to the arrangements for preventing loss of amenity to adjoining and neighbouring premises due to fumes, smells and noise in accordance with policy ENV.B.1.1 New development and policy ENV.P.1.6 Air pollution.

13. The development shall not be occupied until the approved scheme for the ventilation of the restaurant and residential premises of an appropriate outlet level, including details of sound attenuation for any necessary plant and the standard or dilution expected have been implemented. REASON In order that the Local Planning Authority may be satisfied as to the arrangements for preventing loss of amenity to adjoining and neighbouring premises due to fumes, smells and noise in accordance with policy ENV.B.1.1 New development, policy ENV.P.1.5 Noise pollution and policy ENV.P.1.6 Air pollution.

14. Prior to occupation the development shall be constructed in accordance with the approved Air Quality Assessment, which ensures an acceptable scheme of ventilation for habitable rooms of the dwellings on the facades where an excess of 40 ugm-3 NO2, predicted by a dispersion model with verification as described in LAQM TG 03, to ensure the level of air pollution in these rooms does not exceed the NO2 National Air Quality Objective and EU Limit Values. REASON To provide a reasonable standard of living conditions for future occupiers in accordance with policy ENV.B.1.1 New development and policy ENV.P.1.6 Air pollution

239

15. The development shall be constructed in accordance with the approved shopfront details, including elevations, materials and sections prior to the occupation of any part of this development. REASON In the interests of the visual amenities of the area locality and to accord with policies ENV.B.1.1 New Development, S.4.2 Shopfronts and S 4.4 Access to Shopping Facilities

16. Prior to occupation the residential units shall be constructed in accordance with the Code for Sustainable Homes Pre-Assessments submitted 09/08/11 unless otherwise agreed in writing by the Local Planning Authority. REASON To comply with the London Plan Policies 5.1-5.7 and to ensure the overall environmental sustainability of the development.

17. The development shall be constructed in accordance with the Energy Statement submitted with this application and the methodology implemented prior to occupation, unless otherwise agreed in writing by the Local Planning Authority. REASON To comply with the London Plan Policies 5.1-5.7 and to ensure the overall environmental sustainability of the development.

18. The commercial uses hereby permitted shall not be open to customers outside the following times (8am-11pm Mon-Sat, 9am-10.30pm Sun) and customers to have left the premises within 30 minutes of closing. REASON In order to safeguard the amenities of adjoining residential properties

19. The premises shall be used for A1, A2, A3 use classes only and for no other A use class purpose (including use class A5 Takeaway, either in part or as a whole unit) of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). REASON The Council is satisfied that the uses hereby approved would not result in detriment to adjoining properties but would wish to control future changes of use within the same Class in the interests of amenity

20. Dining or drinking shall not take place anywhere on the site except within the building. No dining is to take place on the pavement. REASON To ensure that the proposed development does not prejudice the amenities of the locality in accordance with policies (a) ENV.B.1.1 New development (b) ENV.P.1.5 Noise pollution (c) ENV.P.1.6 Air pollution (d) ENV.P.1.7 Light pollution

21. The use hereby permitted shall not be begun until details of the 240

arrangements for storing of waste and recycled materials have been submitted to and approved by the Local Planning Authority. The arrangements for storing waste and recycled materials shall not be carried out otherwise than in accordance with any approval given and shall be completed before any part of the accommodation hereby permitted is occupied. REASON To safeguard the amenities of the area and in accordance with policy ENV.B.1.1 New development ENV-P.2.4. Recycling Facilities in New Developments

22. No plumbing or pipes other than rainwater pipes shall be fixed to the external faces of the building(s). REASON To safeguard the appearance of the premises and the locality in general, in accordance with policy ENV.B.1.1 New development

23. No building, structure, plant or other apparatus, other than that approved shall be erected, placed or fixed to any part of the roof or the external faces of the building. REASON To safeguard the appearance of the premises and the locality in general, in accordance with policy ENV.B.1.1 New development

24. The roof of the building shall not be used for any purpose other than as a means of escape in emergency or for maintenance of the building. REASON To safeguard the amenities of the adjoining premises and the area generally in accordance with policy ENV.B.1.1 New development.

25. The parking hereby permitted shall be clearly marked out on site and be used only for purposes of vehicle parking by the occupiers of or visitors to the premises. REASON To ensure that the parking accommodation provided within the site is utilised by occupants of the site to meet the car parking standards of the Local Planning Authority, accordance with policies ENV.B.1.1 New development and T.1.4 (Car Parking Standards)

26. No playing of musical instruments or operation of sound amplification equipment shall take place in any part of the premises open to the public, before 11 am, nor after 11 pm (10.30pm on Sunday) , on any day/at any time so as to be audible outside the premises. REASON To ensure that the proposed development does not prejudice the amenities of nearby occupiers or the area generally, in accordance with policies (a) ENV.B.1.1 New development (b) ENV.P.1.5 Noise pollution

27. Staff shall not be present on any commercial portion of the premises after a period of 60 minutes has elapsed following the approved closing 241

times. REASON To protect the amenities of nearby residential properties in accordance with policies (a) ENV.B.1.1 New development (b) ENV.P.1.5 Noise pollution

28. The construction of the two townhouses shall not take place, nor shall any other part of the development be occupied, until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is occupied or in accordance with a timetable agreed in writing with the local planning authority. Development shall be carried out in accordance with the approved details. REASON To safeguard the visual amenities of the locality and privacy of adjoining properties .

29. A splay of 2.4m x 2.4m shall be provided on the northern side of the access, the depth measured from the back of the footway and the widths outwards from the edges of the access, and no fence, wall or other obstruction to visibility exceeding 0.6m in height above the surface of the adjoining highway shall be erected within the areas of such splays. REASON In the interests of road safety.

30. Before the development hereby permitted is occupied the platform lift should be constructed, as in the approved plans which ensure it meets appropriate disability standards. REASON To provide satisfactory access for people with disabilities.

31. No commercial unit shall be greater than 220m2 in total for D1 use. REASON To safeguard the amenities of nearby occupiers and the area generally from excessive use and servicing in accordance with policies; ENV.B.1.1 New development and ENV.P.1.5 Noise pollution.

33 The ground floor and roof terraces shown on the approved drawings shall be retained as private amenity space. They shall be permanently maintained as open space for the use, benefit and recreation of persons residing in the development hereby permitted. REASON: In the interests of the amenities of the occupants of the development.

34. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measures detailed within the FRA:

242

1. Internal access from all flats be available to an area of dry refuge.

2. Access from the basement level to areas of dry refuge will be available at all times. REASON To reduce the risk of flooding to the proposed development and future occupants .

35. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any order revoking or re-enacting that order) no enlargement of the townhouses or any additional structures/buildings within the curtilage of the site shall be carried out.

REASON: In order not to prejudice the amenities of the adjoining properties and in order that the Local Planning Authority is able to exercise control over future development of the site in accordance with policy H6.4 Extensions and Alterations of the Hounslow UDP and policy H6.2 Environmental Improvements in residential areas

36 The motorised gate mechanism shall not generate noise in excess of 20Db at a point 1m from the motor and the mechanism maintained according to the manufacturers recommendation.

REASON: To safeguard the amenities of occupiers and neighbouring residents

37. The Local Planning Authority shall be notified immediately if additional contamination is discovered during the course of the development. A competent person shall assess the additional contamination, and shall submit appropriate amendments to the scheme for decontamination in writing to the Local Planning Authority for approval before any work on that aspect of development continues. Before the development is first brought into use the agreed scheme for decontamination shall be fully implemented and a written validation (closure) report submitted to the Local Planning Authority for approval.

REASON: Contamination is known or suspected on the site due to a former land use. The LPA therefore wishes to ensure that the development can be implemented and occupied with adequate regard for public and environmental safety.

Informatives:

a. In relation to the wheel washing system specified above, the preferred distance between the wheel wash and the exit to the highway is 100 metres, although it is recognised that the constraints of the site may not make this practical. If site staff are instructed by a Council Officer to stop vehicle movements to and from the site if any incidents occur, they must 243

comply with the instructions. For any further advice, contact the Council's Community Environment Team on 020 8583 5070. b. The building contractors should take note of, and act upon advice given in the BS5228 Code of Practice "Control of Noise on Construction Sites". Before commencement of the works the building contractors should, giving as much notice as possible, notify the occupants of properties surrounding the site of the nature and duration of works and the permitted hours of work. The building contractors should also provide such occupants with the name and telephone number of a responsible person who can be contacted for advice or in the event of a need to complain. c. The cost of amending the traffic order will have to be borne by the applicant. Alterations to the parking bays on the carriageway will also need to be carried out. For further information contact the Council’s Traffic Section on 02085834871. d. S106 planning benefits: The application is subject to a Section 106 Legal Agreement. e. The applicant is advised that this planning permission does not override the need to obtain a licence under the Licensing Act 2003. Please contact the Council's Licensing team for further information. f. Surface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

244

Appendix 1: Extent of Existing, Approved (P12), Proposed Building and Approved (P13, which this application seeks to replicate), as seen from Netheravon Road, where it would be most visible.

245

Background Papers: The contents of planning file referenced on the front page of this report, save for exempt or confidential information as defined in the Local Government Act 1972, Sch. 12A Parts 1 and 2

246 247 Agenda Item 12

SUSTAINABLE DEVELOPMENT COMMITTEE 27 th October 2011 e-mail: [email protected]

References: P/2011/1574 00248/137/P1

Address: 137 Chiswick High Road, Chiswick, London, W4 2ED.

Ward: Chiswick Homefields

Proposal: Demolition of existing petrol filling station buildings and erection of a new bank building (use class A2) and servicing/parking area.

Drawing numbers: BRS.2271.01-1a, ES1, ES2, ES3, S1, S2, A5, A6, A1.1 and A1.2 received 09.06.11.

A2, A3 and A4 received 19.07.11.

A1.0 received 05.09.11.

110222 E700 TDv1 received 28.09.11.

Application received: 09/06/2011

1.0 SUMMARY

1.1 This application is for the demolition of the existing petrol filling station buildings and erection of a new bank building (use class A2) and servicing/parking area.

1.2 With appropriate safeguarding conditions the proposed development would be acceptable and approval has been recommended.

2.0 SITE DESCRIPTION

2.1 The site is on a corner plot located on the southern side of Chiswick High Road with Brackley Road to the west. It is bound to the south by No.1 Brackley Road. No.135 Chiswick High Road is to the east. The Packhorse and Talbot public house opposite the site to the west, is a building of local townscape character. The site has most recently been used as a petrol filling station.

2.2 The surrounding area contains a mix of commercial and residential uses on Chiswick High Road with Brackley Road being residential.

2.3 There are three existing means of access, one from Chiswick High Road and two from Brackley Road and the site currently has an open frontage to both of these roads. Metered parking bays exist on Brackley Road near the corner with Chiswick High Road and there are single yellow lines on two sides of the site. 248 2.4 The site has a Public Transport Accessibility Level (PTAL) of 5 (Very Good) based on a ratio of 1-6, with 6 being excellent.

3.0 HISTORY

137 Chiswick High Road, W4 2ED

3.1 00248/137- Use as a covered retail market. 143/P4

Approved December 1949.

3.2 00248/137- Demolition of sales office extension, alterations to main 143/P15 building, installation of underground fuel storage tank and widening of access to Brackley Road.

Approved 18.02.1977.

3.3 00248/137- Demolition of existing building, erection of 3-storey office 143/P17 building fronting Brackley Road and construction of car park at rear.

Approved 26.07.1978.

3.4 00248/137- Demolition of outbuildings, construction of staff car park 143/P18 and alterations to sales/office building including new shop front.

Approved 30.04.1981.

3.5 00248/137- Installation of gate surrounded by barbed wire at 143/P20 entrance to vehicle hire depot.

Approved 22.01.1985

3.6 00248/137- Demolition of existing building, canopy and pump 143/P21 islands and erection of new sales building incorporating convenience store, new canopy, pump island and parking.

Approved 10/09/1996.

4.0 DETAILS

4.1 The proposed building has a contemporary style and is single-storey. It would measure 20.5m wide across the site frontage and would be 6.84m high increasing to 7.85m high at the entrance on the corner. It would be 16.93m long on the frontage facing Brackley Road and would be the same height on this elevation. It would have an internal floor area of 412m 2. At the rear it would be set off the boundary with No.1 Brackley Road by a minimum of 12m.

249 4.2 The building would have predominately glazed frontages to Chiswick High Road and Brackley Road. At the rear a brick veneer elevation is proposed and this would be set within ‘panelised sand coloured stucco framing’. A limestone planter is proposed along the length of the rear elevation. An aluminium metal coping cap is proposed along the top of the rear elevation. A clear glazed door would provide access to the bank from the car park and would contain the company signage above it. This signage would be illuminated.

4.3 Sand coloured stucco would also frame the front elevation, which would be predominately glass with the company signage located on a horizontal strip 3m above ground level. An internal pillar is proposed, which helps add structure to the otherwise openly glazed elevation. The front entrance would be entirely glazed other than the aluminium metal coping at roof level and two horizontal stainless steel bands above the entrance door.

4.4 The elevation fronting Brackley Road would have a similar appearance to the front elevation and would contain signage at the main entrance and on the flank elevation.

4.5 Three air-conditioning units are proposed within a sunken area of the roof next to No.135 Chiswick High Road and towards the rear of the building.

4.6 The proposed signage would be blue in colour with ‘Metro Bank’ in red and white text. Illuminated signage is shown on all three elevations. The applicant has confirmed that the signage would be illuminated 24/7 but the internal lighting would be reduced when the bank is closed.

4.7 Parking would be at the rear of the site, with seven spaces indicated, including one disabled space. Access would be from Brackley Road. Eight cycle parking spaces are also indicated and landscaping would be introduced next to No.1 Brackley Road and along the eastern and western boundaries of the car park.

4.8 Pedestrian access to the building would be from the corner fronting Chiswick High Road and would also be possible to the rear for customers using the car park. Two of the existing vehicular means of access would be removed; one from Chiswick High Road and one from Brackley Road. The applicant has confirmed that signage would be included in the car park to discourage non-customers.

4.9 The proposed hours of use are 8am – 8pm Monday – Friday, 8am – 6pm on Saturdays and 11am – 5pm on Sundays.

5.0 CONSULTATIONS

5.1 Fifty-six neighbouring residents were consulted on 14.06.1. Ten replies were received commenting as follows:

Comment Response

250 There is a concern that noise from the A standard condition could be proposed air con units will result in used to ensure that the rating disturbance for neighbouring residents. level of noise emitted from this Relocation of the units towards the front site, shall be lower than the of the building has been suggested or existing background noise level soundproofing, with ducting towards the by 10dB. A technical front of the building and sound proof specification has been cladding. submitted to demonstrate that this would be achievable.

The issue of security has been raised by a The applicant has suggested that number of residents. Could the car parking a chain could be used to secure area be gated after operating hours to the car park out of hours and that prevent access by pedestrians and CCTV would be installed here. vehicles? Details of the security of the car park could be required by condition.

Concerns have also been raised re vehicles The figures used in the Transport manoeuvring on Brackley Road should the Assessment are based on an car park be full on arrival. 61 vehicles an American drive-through bank and hour would use the site in peak times. are not considered directly Congestion and safety concerns have been comparable. The proposed traffic raised. movements are considered to be less than the number suggested in the Transport Statement and would not result in harm to local traffic conditions or road safety.

Car parking should be for staff not The applicant has confirmed that customers. Customers are likely to use the staff would be sourced locally spaces to shop on the high road as well as meaning that car use would be use the bank. unnecessary and signage would be used to deter unauthorised use.

Opening hours of 9am - 8pm Mon -Fri, 9am The proposed opening hours of - 6pm Sat and 11am - 4pm on Sunday have 8am – 8pm Monday – Friday, 8am been suggested to those proposed. – 6pm on Saturdays and 11am – 5pm on Sundays

Servicing should be limited to the hours of This has been agreed by the operation and should not occur outside developer. A planning condition these hours . could be included to control on any decision for approval.

The level of lighting during opening hours This would normally apply to should be subject to restrictions. illuminated signage and could be controlled by condition.

251 Non-reflective glass should be used on the The applicant has agreed to this west facing elevation. and a condition would be included to ensure that non-reflective glass would be used on the west facing elevation.

Several trees should be planted on the Trees at the flank of the building pavement at Brackley Road to soften the are likely to restrict access for impact of the stark glazing. pedestrians on the public footpath. However, a condition controlling boundary treatment would allow appropriate planting at the boundary with Brackley Road at the car park.

The height of the proposed building will The proposed building would be have an effect on the view from the flat on below the balcony at 135 the 1st and 2nd floor of 135 Chiswick High Chiswick High Road and would Rd. not affect the views from this neighbouring property.

The back entrance should only be used for The use of the back entrance is those using the car park. considered unlikely to harm the living conditions of neighbours.

The architecture of Chiswick High Road is a The appearance of the building mishmash of styles, but one thing it does would be commercial in nature. A lack is a first rate piece of modern condition securing submission of architecture. I urge Metro Bank to give us materials would help ensure the one. Moreover, Metro Bank must remember appearance is in keeping with the that Chiswick is a residential area where surrounding streetscene. families come to stay. A new building should reflect this by having an air of permanence about it. Anything that speaks more of “retail park” should be avoided.

5.2 Local members provided the following comments at the Chiswick Area Committee on 27.09.11.

5.3 Members welcomed the proposal as they felt it would create jobs for local people within Chiswick and that the development would be an improvement on the existing vacant site. The proposal was seen as a positive injection of capital into the regeneration of this end of Chiswick High Road. The hours of operation were considered to be beneficial to users of the bank. It was emphasised that the development would need to have good design standards to fit in with other properties on Chiswick High Road and concerns were expressed about the level of noise from the air conditioning units.

252 Environment Agency

5.4 The proposed development falls into a flood risk vulnerability category that is appropriate to the Flood Zone according to Tables D.1 and D.3 of PPS25 and we have NO OBJECTION to the application in this instance for the following reason.

5.5 The River Thames flood defences in this area defend the site to a 1 in 1000 year annual probability of river flooding in any year (<0.1%). Areas of residual flood risk can occur due to failure of the flood defences or a design flood event greater than that mentioned above. However according to the best information available the site lies outside the area of residual risk of flooding.

6.0 POLICY

Determining applications for full or outline planning permission

6.1 When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

Determining applications for conservation area consent

6.2 In considering whether to grant planning permission with respect to any buildings or other land in a conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of the conservation area.

Determining applications in respect of listed buildings

6.3 In considering whether to grant planning permission for development which affects a listed building or its setting, the authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

The Development Plan

6.4 The Development Plan for the Borough comprises the Council's Unitary Development Plan (UDP), Employment Development Plan Document, Brentford Area Action Plan and the London Plan.

The Emerging Core Strategy

6.5 On 12 July 2011, the Council's Cabinet approved that the Core Strategy "Preferred Strategy" should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that very limited weight can be given to it at this stage.

253 The Draft National Planning Policy Framework

6.6 The draft National Planning Policy Framework (NPPF) was published for consultation on 25 July 2011. The NPPF is a consultation document and, therefore, potentially subject to amendment. Nonetheless, as emerging policy, the Local Planning Authority (LPA) considers that the NPPF is capable of being a material consideration. As the Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled and given that the NPPF is still in the consultation stages, the LPA considers that very limited weight can be given to the NPPF at this stage.

6.7 London Plan 2011 (LP)

4.1 Developing London’s Economy

4.12 Improving opportunities

5.2 Minimising carbon dioxide emissions

5.3 Sustainable design and construction

5.13 Sustainable drainage

5.21 Contaminated land

6.1 Strategic approach

6.9 Cycling

6.10 Walking

6.13 Parking

7.1 Building London’s neighbourhoods and communities

7.2 An inclusive environment

7.3 Designing out crime

7.4 Local character

7.6 Architecture

7.15 Reducing noise and enhancing soundscapes

254 6.8 Unitary Development Plan (UDP)

IMP.1.2 The re-use and recycling of urban land and buildings

ENV -B.1.5 New Development

ENV -B.1.5 Environmental improvements

ENV -B.1.9 Safety and security

ENV -P.1.1 Environmental sustainability: environmental impact statements and sustainability checklist ENV -P.1.2 Water pollution and water quality

ENV -P.1.3 Surface water run off

ENV -P.1.4 Waste water management

ENV -P.1.5 Noise pollution

ENV -P.1.7 Light pollution

S.1.3 Non-retail uses in secondary frontages

T.1.4 Car and cycle parking and servicing facilities for developments.

T.2.2 Pedestrian safety and security

T.4.3 Traffic implications of new development

T.4.4 Road safety

T.5.3 Vehicle crossovers and hardstanding

Supplementary Planning Guidance

6.9 Employment Development Plan – Policy EP1 (Location of New Office-based Employment)

7.0 PLANNING ISSUES

7.1 The main planning issues to consider are:

• The acceptability in principle.

• Built form and impact upon character and appearance of the site, surrounding area.

• Effect on neighbours;

• Highway, transport and access; 255 • Sustainability;

• Planning obligations.

The acceptability in principle

7.2 Policy EP1 directs new office based employment to town centre locations. The proposal would be an A2 (Financial and professional services) office- based use within a town centre, which is considered to fall within this description.

7.3 Also of relevance is UDP policy S.1.3, which states that in secondary frontages, changes from retail to non-retail use will be acceptable where the proposed use would not harm the character, vitality and viability of the centre. The acceptability of further non-retail uses will not be made solely by reference to the number of outlets, proportions of floor space or lengths of frontages but will take into account the following criteria:

(i) the likely impact of the proposed use on the variety and activity in the shopping parade. Non-retail uses generally, or that of a particular non-retail use, should not be allowed to dominate the secondary area so as to undermine the retail function;

(ii) the provision of a shop window display or other frontage complementary to the character of the shopping centre;

(iii) the effect of the proposed use, either individually or cumulatively, on the environment, the amenity of adjoining occupiers and on access and highway considerations, particularly relating to on street parking;

(iv) that access is provided to and within the unit for people with impaired mobility and for shoppers with prams and pushchairs.

7.4 The proposed use is considered acceptable in principle, as it would be a typical town centre use within the town centre boundary and is not considered to harm the vitality and viability of the town centre. There would be no loss of a retail unit.

Built form and impact upon character and appearance of the site, surrounding area

7.5 London Plan policy 7.1 promotes good quality environments and requires development to be designed to improve people’s access to employment opportunities and commercial services. Places of work should be designed to meet the needs of the community at all stages of people’s lives and the design of new buildings and the spaces they create should help reinforce or enhance the character. Legibility, permeability and accessibility of the neighbourhood.

7.6 London Plan policy 7.2 requires all new development to achieve the highest standards of accessibility and inclusive design. 256 7.7 Policy 7.3 seeks to create a safe, secure and appropriately accessible environment where crime and disorder and the fear of crime do not undermine quality of life or community cohesion. Places should be well designed to promote a sense of ownership and respect. These measures should be incorporated at the design stage to ensure that overall design quality is not compromised.

7.8 Policy 7.4 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. Buildings, streets and open spaces should provide a high quality design response that has regard to the pattern and grain of the existing spaces and streets in orientation, scale, proportion and mass.

7.9 Policy 7.6 states that architecture should make a positive contribution to a coherent public realm and streetscape. It should incorporate the highest quality materials and design appropriate to its context. Development should not cause unacceptable harm to the amenity of surrounding land and buildings, particularly residential buildings, in relation to privacy and overshadowing.

7.10 Unitary Development Plan policy ENV-B.1.1 requires development to contribute positively to overall environmental quality and to relate well to the surrounding streetscene.

7.11 The site is in the town centre but is not in a conservation area and there are no specific design criteria covering it other than those set out in the policies listed above. The developer is seeking to create as transparent a building as possible. For this reason the main elevations would be of structural glazing. Pre-application discussions with officers encouraged framing of this glazing to add a degree of permanence to the appearance of the structure. The use of brick at the rear was informed by pre-application discussions with officers and also neighbour consultation by the applicant. Suggested conditions propose control over materials to ensure that the building would relate well to the streetscene.

7.12 The proposed building would be modern in appearance and would address the corner site by presenting commercial elevations to both Chiswick High Road and Brackley Road. It would also have the main entrance on the corner. The proposed glazing and signage would be in keeping with other commercial properties on Chiswick High Road. At the rear the use of materials would relate well to the materials used in the residential properties on Brackley Road. Level access would be provided and the design would be legible, permeable and accessible. It would therefore accord with London Plan policy 7.1 by providing a good quality environment. Level access would be provided in accordance with policy 7.2 and in accordance with London Plan policy 7.4, it would have regard to the form, function and structure of the street and would relate well to the scale proportion and mass of surrounding buildings, which are varied in size, scale and appearance.

7.13 A separate advert consent application would be necessary for the proposed signage.

257 7.14 The layout of the car park at the rear would allow for appropriate manoeuvring space for vehicles. The proposed planting along the boundary would form a buffer between vehicles and pedestrians as well as neighbouring properties. With the applicant proposing a chain barrier during out of hours and monitored CCTV to the car park, the proposal is considered to create a secure environment. For these reasons the proposal is considered to accord with policy 7.3 by creating a safe, secure and accessible environment.

Effect on neighbours

7.15 Policy 7.4 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. It also seeks a high quality design response that is human in scale, ensuring buildings create a positive relationship with street level activity and people feel comfortable with their surroundings.

7.16 UDP policy ENV-B.1.1 requires new development to ensure that adequate daylight and sunlight reaches adjoining properties and minimizes any harm to adjoining properties.

7.17 The proposed building would be set off No.1 Brackley Road by a minimum of 12m and would be attached to No.135 Chiswick High Road, which has a flat above. Comments have been received from neighbouring residents relating to reflective glazing, potential security issues to the rear of the building, noise from air-conditioning units, loss of outlook and use of the car park.

7.18 A technical specification has been provided in relation to the proposed air- conditioning units, which confirms that disturbance to neighbours would be unlikely. A condition is also suggested to ensure that noise levels are restricted to be lower than existing background noise level by 10dB.

7.19 The applicant has confirmed that parking would be for customer use and that signage would be erected to discourage unauthorised parking. No staff parking is proposed, as staff would be sourced locally. It is proposed that the entrance would be protected by a chain after-hours. They have also stated that a security camera would be installed with signs warning of its presence. This would be monitored by a management company on a 24/7 basis. Whilst not delivering the gate sought by neighbouring residents, the proposed security measures are considered to be appropriate for the proposed use.

7.20 The proposed building would be lower than adjoining buildings and neither adjoining property has flank windows. This avoids any loss of outlook for neighbours. Although No.135 Chiswick High Road has a balcony to the top floor flat, this would be higher than the proposed building and faces south, away from Chiswick High Road. No loss of outlook would occur here. No windows would overlook neighbouring properties.

258 7.21 The lack of windows on the flank of No.135 Chiswick High Road and the set in of at least 12m from the boundary with No.1 Brackley Road would avoid any loss of light to neighbouring properties.

7.22 Whilst there would be vehicle movements within the car park, the resultant impacts on immediate neighbours would be mitigated against by a 5m deep area of planting, which would be fenced off from the rear of No.135. Planting and fencing is also proposed along the boundary of No.1 Brackley Road.

7.23 In response to the concerns of residents the applicant has confirmed that internal lighting would be reduced outside opening hours and non-reflective glass would be used on the west facing elevation.

7.24 Subject to appropriate safeguarding conditions to control noise and security measures, the proposed development is considered to accord with London Plan policy 7.4 and UDP policy ENV-B.1.1 and as a result it would not result in harm to the living conditions of neighbouring residents.

Highway, transport and access

7.25 London Plan policy 6.1 encourages patterns of development that reduce the need to travel, especially by car. It also refers to required cycle parking provision.

7.26 London Plan policy 6.13 looks for a balance to be struck between promoting new development and preventing excessive car parking provision that can undermine cycling, walking and public transport use. Developments must also ensure that 1 in 5 spaces provide an electrical charging point to encourage uptake of electric vehicles. The minimum cycle parking standards must be met and provision should be made for the needs of businesses of delivering and servicing.

7.27 UDP policy T.1.4 requires all developments to provide parking and servicing facilities in accordance with the Council’s maximum standards.

7.28 UDP policy T.4.3 states that development will not be permitted if the traffic movement associated with it would increase danger, cause unacceptable noise, congestion or environmental intrusion.

7.29 Council standards set a maximum of 1 space per 600m 2, which would normally allow for a maximum of 1 space for this proposal. However, the previous development on site had 9 parking spaces, not including petrol pump spaces. In comparison, the proposed development would provide 7 off-street spaces including one disabled space and the developer has provided a transport statement, which seeks to justify this higher number based on the previous use. The proposal would result in a net reduction of 2 parking spaces. With prolonged visits more common for the use as a bank, the number of associated vehicle movements is likely to reduce in comparison to the previous use. A condition restricted the hours of use of the petrol station to 7am – 11pm on any day. The proposed hours of operation would be significantly less than this, which will also result in lower traffic movements throughout the day.

259 7.30 Given the previous use of the site as well as the intentions of London Plan policy 6.13, the proposed 7 off-street spaces are considered an acceptable level of off-street parking.

7.31 The applicant has confirmed that servicing would only occur during opening hours. This could be secured by condition, as would the provision of at least one electric charging point.

7.32 Some additional vehicle movements are likely on Brackley Road when the car park is full and vehicles are required to turn. Due to the good public transport links and limited size of the proposed bank, the associated level of traffic is considered unlikely to prejudice highway safety conditions. The proposed development would accord with London Plan policy 6.13 and Unitary Development Plan policy T.1.3.

Sustainability

7.33 London Plan policy 5.1 sets out the strategic approach to achieve an overall reduction in London’s carbon dioxide emissions of 60 per cent by 2025.

7.34 London Plan policy 5.2 seeks to minimise carbon dioxide emissions. Development proposals should make the fullest contributions to minimising carbon dioxide emissions. Non-domestic buildings should meet the target of a 25 per cent reduction in carbon dioxide emissions compared to the 2010 Building Regulations requirements.

7.35 Policy 5.3 seeks the highest quality standards of sustainable design and construction to improve the environmental performance of new developments and to adapt to the effects of climate change over their lifetime. Development proposals should demonstrate that sustainable design standards are integral to the proposal, including its construction and operation and these issues should be considered at the beginning of the design process.

7.36 Policy 5.7 seeks to increase the proportion of energy generated from renewable sources. Renewable energy technologies should be incorporated wherever site conditions make them feasible and where they contribute to the highest overall and most cost effective carbon dioxide emissions savings for a development proposal.

7.37 Policy 5.13 requires development to utilise sustainable urban drainage systems (SUDS) unless there are practical reasons for not doing so, and should aim to achieve greenfield run-off rates and ensure that surface water run-off is managed as close to its source as possible in line with the specified drainage hierarchy.

7.38 The submitted energy statement has yet to demonstrate that the requirements of policy 5.2 of the London Plan would be achieved. However, a roof plan and section have been provided to indicate how photovoltaic panels could be built into the new building. These would not be visible from Chiswick High Road. The detailed calculations would be required by condition.

260 7.39 The submitted Flood Risk Assessment confirms that SUDS would be used. The surface water runoff from the proposed development will be managed as follows:

• runoff from the proposed development will not exceed runoff from the existing site condition; • SUDS will be implemented wherever possible; • surface water runoff will be managed as close to source as is possible; and • surface water runoff will be managed on site for storm events up to and including the 1 in 100 year event plus 30% to allow for the climate change.

7.40 No details have been provided in relation to sustainable design and construction. These could be required by condition.

7.41 Subject to appropriate safeguarding conditions the required information relating to renewable energy and sustainable design and construction can be required prior to commencement or occupation.

7.42 Planning obligations

7.43 Unitary Development Plan policy IMP6.1 states that the Council will seek to ensure that a developer enters into a planning obligation to secure planning benefits related to the proposed development. A payment or other benefit offered pursuant to a section 106 agreement is not material to a decision to grant planning permission and cannot be required unless it complies with the provisions of the Community Infrastructure Levy Regulations 2010 (regulation 122), which provide that the planning obligation must be:

a) necessary to make the development acceptable in planning terms; b) directly related to the development; and c) fairly and reasonably related in scale and kind to the development.

7.44 Accordingly, it is mandatory that each criterion be satisfactorily addressed prior to granting planning permission subject to a section 106 agreement.

7.45 Government Circular 05/2005 provides guidance on the use of planning obligations, which may impose a restriction or requirement, or provide for payment of money from the developer to make acceptable development proposals that might otherwise be unacceptable in planning terms. The Council’s Supplementary Planning Document on Planning Obligations (which was adopted in March 2008) contains guidance on the imposition of planning obligations in compliance with Circular 05/2005. These obligations may offset shortfalls in the scheme or mitigate the impacts of the development.

• No planning contributions are considered necessary.

8.0 EQUAL OPPORTUNITIES IMPLICATIONS POLICY .

8.1 The Council has to give due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, which is available at:

261 http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/en vironment_eias.htm it is considered that there will be no specific implications with regard to the council’s duty in respect of equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.

Relevant Section of Minor Offices/R+D. Light Industry- 1,000m 2 Relevance Test and site area less than 1ha.

9.0 SUGGESTED CONDITIONS

1 A1A The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: A1R. To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990.

2 B5 The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans (BRS.2271.01-1a, ES1, ES2, ES3, S1, S2, A5, A6, A1.1 and A1.2 received 09.06.11, A2, A3 and A4 received 19.07.11, A1.0 received 05.09.11, 110222 E700 TDv1 received 28.09.11) submitted therewith and approved by the Local Planning Authority, or as shall have been otherwise agreed in writing by the Local Planning Authority before the building is used.

REASON: B5R. To ensure the development is carried out in accordance with the planning permission.

3 B4 No development shall take place until samples of the materials to be used in the construction of the external surfaces of the hereby permitted building have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details

(Reason. In order that the Council may be satisfied as to the details of the development in the interests of the visual amenity of the area and to satisfy the requirements of policies ENV B1.1New Development and H6.4 (Extensions and alterations).

4 C34 During construction works an appropriate wheel-washing system shall be provided to remove mud, stones and any other extraneous materials from the wheels and chassis’ of construction vehicles exiting the site and all loads of construction materials, excavation spoil or other such matter shall be fully covered in order to ensure that no material leaves the site attached to the vehicle which might subsequently be deposited on the highway. The exit from the wheel washing system shall be constructed from a hard, non-porous surfacing material and sited as far away from the exit to the highway as is possible given the constraints of the site and the surface shall 262 be kept clean at all times. Waste water discharged from the wheel washing system shall be stored and disposed of on site and shall not be discharged into the public sewerage system without prior removal of soil, stones and any other suspended material. Suitable measures to minimise dust nuisance caused by the operations and to ensure that no dust or other debris is carried on to the adjoining properties shall also be provided in accordance with the guidance at www.london.gov.uk/mayor/environment/air_quality/docs/construction- dust-bpg.pdf and site lighting shall be designed, positioned and directed so as not to unnecessarily intrude on passing drivers on public highways and so as not to direct light into any windows of properties outside the site.

REASON: In order to safeguard the amenities of adjoining residential properties and in the interests of road safety and to accord with UDP policy T.4.4 (Road safety).

5 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include (proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing material; minor artifacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting etc); proposed and existing functional services above and below ground (eg drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc); retained historic landscape features and proposals for restoration, where relevant).

Soft landscape works shall include (planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme)

Reason: To ensure a satisfactory appearance of the site and improve the visual amenities of the locality in accordance with policy ENV.B.1.1 New development.

6 No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is occupied. Development shall be carried out in accordance with the approved details.

Reason. To safeguard the visual amenities of the locality and privacy of adjoining properties locality in accordance with policy ENV.B.1.1 New development.

263 7 No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority, for a sustainable construction scheme, to comply with the “essential” standards for materials in the Mayor’s Sustainable Design and Construction SPG. These being: 50% timber and timber products from Forest Stewardship Council (FSC) source and balance from a known temperate source. Insulation materials containing substances known to contribute to stratospheric ozone depletion or with the potential to contribute to global warming must not be used. Minimise use of new aggregates. These details shall be carried out as approved as part of the development.

Reason: In the interests of sustainability and London Plan policy 5.3 (Sustainable design and construction)

8 No development shall take place until details have been submitted and approved in writing to show that a 25% improvement on 2010 Building Regulations will be achieved in relation to the reduction in carbon dioxide emissions. Improvements should be based on the following hierarchy:

1. Be lean: use less energy 2. Be clean: supply energy efficiently 3. Be green: use renewable energy

Reason: To ensure the fullest contribution towards minimisation of carbon dioxide emissions is achieved in accordance with London Plan policy 5.2 (Minimising carbon dioxide emissions).

9 Unless otherwise agreed in writing by the Local Planning Authority, no development shall take place until details of a Sustainable Drainage Scheme, including measures for harvesting of rainwater, the minimisation of water run-off from the site, aiming for greenfield levels, and the conservation and reuse as appropriate of other water supplies in the building have been submitted to and approved by the Local Planning Authority. These details shall be carried out as approved.

Reason. in the interests of sustainability, the management of surface water run off and Policies 5.13 Sustainable Drainage of the London Plan.

10 C29 No demolition or construction work shall take place on the site except between the hours of 8:00am to 6:00pm on Mondays to Friday and 9:00am to 1:00pm on Saturdays and none shall take place on Sundays and Public Holidays without the prior agreement of the Local Planning Authority.

Reason; To ensure that the proposed development does not prejudice the amenities of the locality in accordance with policy; ENV.B.1.1 New development.

264

11 C27 The use hereby permitted for A2 purposes shall not be carried on outside the following times 8am – 8pm Monday – Friday, 8am – 6pm on Saturdays and 11am – 5pm on Sundays.

(Reason. In order to safeguard the amenities of adjoining residential properties and to ensure that the proposed development does not prejudice the amenities of the locality in accordance with policies ENV.B.1.1 New development and ENV.P.1.5 Noise pollution)

12 Servicing of the use hereby approved shall not take place outside the following times 8am – 8pm Monday – Friday, 8am – 6pm on Saturdays and 11am – 5pm on Sundays.

(Reason. In order to safeguard the amenities of adjoining residential properties and to ensure that the proposed development does not prejudice the amenities of the locality in accordance with policies ENV.B.1.1 New development and ENV.P.1.5 Noise pollution).

13 The rating level of noise emitted from this site, shall be lower than the existing background noise level by 10dB. The noise levels shall be determined at the nearest noise sensitive locations. The measurements shall be made according to BS4142:1997.

Reason: To protect the amenities of neighbouring residents in accordance with Unitary Development Plan policy ENV-B.1.1.

14 The illumination levels of the signage shall not exceed 600cd/m.

Reason: To protect the amenities of local residents and businesses and to accord with policy ENV-P.1.7 (Light Pollution).

15 Prior to occupation, security measures for the car park shall be installed and shall be operational and shall include provision of CCTV monitored on a 24/7 basis and a security chain across the access.

REASON: To ensure an acceptable level of safety and security in accordance with policy ENV-B.1.1 (New development).

16 The use hereby approved shall not commence until a minimum of one electrical charging point has been installed for use in the approved car park.

Reason: To encourage the uptake of electric vehicles in accordance with London Plan policy 6.13 (Parking).

17 The glazing on the west elevation of the building shall be non- reflective glazing and shall not be repaired or replaced otherwise than with non-reflective glazing.

REASON: In order to safeguard the amenities of adjoining residential properties and to ensure that the proposed development does not 265 prejudice the amenities of the locality in accordance with policies ENV.B.1.1 (New development).

18 J12 "Before the development hereby permitted commences: a. A contaminated land Phase 1 desk study report shall be submitted to, and approved in writing by the Local Planning Authority. Should the Phase 1 report recommend that a Phase 2 site investigation is required, then this shall be carried out and submitted to, and approved in writing by the Local Planning Authority. The site shall be investigated by a competent person to identify the extent and nature of contamination. The report should include a tiered risk assessment of the contamination based on the proposed end use of the site. Additional investigation may be required where it is deemed necessary.

b. If required, a scheme for decontamination of the site shall be submitted to the Local Planning Authority, for written approval. The scheme shall account for any comments made by the Local Planning Authority before the development hereby permitted is first occupied. During the course of the development: c. The Local Planning Authority shall be notified immediately if additional contamination is discovered during the course of the development. A competent person shall assess the additional contamination, and shall submit appropriate amendments to the scheme for decontamination in writing to the Local Planning Authority for approval before any work on that aspect of development continues. Before the development is first brought into use: The agreed scheme for decontamination referred to in clauses b) and c) above, including amendments, shall be fully implemented and a written validation (closure) report submitted to the Local Planning Authority for approval.

Reason: Contamination is known or suspected on the site due to a former land use. The LPA therefore wishes to ensure that the development can be implemented and occupied with adequate regard for public and environmental safety.

Supporting notes: a. An initial phase 1 desk study must be submitted with the original application and will include the aims and objectives, data collection, site reconnaissance (walk over survey), and development of the initial Conceptual Model (CM), which identifies all potential pollutant linkages on the site. The report should also make recommendations for the further gathering of information and or intrusive investigation. The full site investigation must include intrusive testing for soil and groundwater contamination, soil gasses, and leachate. The investigation shall be carried out at such points and at such depths as the LPA may stipulate. Risk assessments must adhere to current UK guidance and best practice. b. The scheme for decontamination shall provide details of how each

266 potential pollutant linkage, as identified in the conceptual model, will be made safe. c. In some instances the LPA may require work on site to be ceased whilst the nature of additional contamination is investigated fully. d. The validation report shall revisit the site conceptual model, and provide evidence that each aspect of the decontamination scheme was carried out correctly and successfully. This report shall prove that the development is suitable for its new use. e. We request that site investigation reports or site plans be sent electronically to [email protected] or by post on a cd or dvd wherever possible.

267

2

12

20 2

1 13

PH

1 12

1a 2 104 112 122 120 134

1b & c LB

146

1 148

158 6.1m 164

2

178

182 6.2m

194

192

87

6.0m 95

LB 97

107

LB CHISWICK HIGH ROAD 113 121

GP 123

79 5.6m 133 135

ANNANDALE 145

1a

The Packhorse

149 1b

151 and Talbot 153

2 155 (PH) 2

157 Bank 4

155

165 Bank 167

12 1b 6.5m

1 Comboni

268 1a 2a

28 Missionary Sisters

3a

30 (Convent) 1

Church 2 11

2 7

1 9

Surgery 1 to 6

2 9a

11a 12

13

10

13

1

VERONA COURT 18 19

10 13

13 1

6.5m 48

18 14

20

DEVONSHIRE MEWS

25

BRACKLEY 6 22

ANNANDALE ROAD 17 11

24

11 14 to 56 8 ROAD

27

20

27 60

CHISWICK LANE 19

37 19 26

1 6.6m 36

© Crown copyright. All rights reserved. London Borough of Hounslow 100019263 2011. Agenda Item 13 Sustainable Development Committee 27 th October 2011 email: [email protected] References: P/2011 /1671 00248/N/P22 Address: Gunnersbury Station, Station Approach, Chiswick High Road, Chiswick, London W4 4AN Ward: Turnham Green Proposal: Variation of condition 2 (approved plans) of permission 00248/N/P21 for improvements to Gunnersbury station, incorporating the station concourse and ticket hall, platform access stairs, platform shelters and furniture lighting and security. Drawing Gunnersbury Station Capacity Assessment, Received 10 numbers: August 2011 GA_200-, GA_201-, GA_210-, Received 16 November 2009 GA_101_1, 330_3, 331_2, IM_030_2, IM_032_1, IM_035_1, Received 7 September 2011 GA_301_4, GA_310_5, GA_332_4, GA_334_2, Received 17 October 2011 Application 15 June 2011 received:

1.0 SUMMARY

1.1 The application seeks permission to vary approved details of works to improve Gunnersbury Station. Improvement of the station is required by a planning obligation relating to planning permission for the Chiswick Park office development that is across the road from the site.

1.2 The proposed works include measures to increase the efficiency of passenger movement, as well as security and cosmetic improvements.

1.3 Approval is recommended, as the proposed works would provide practical improvements to the station’s appearance and function, with no objections being received from the relevant rail operators (Network Rail, London Underground and Transport for London). A variation of the existing legal agreement to make reference to this application will be necessary.

2.0 SITE DESCRIPTION

2.1 The application site is Gunnersbury Station, which is located on the southern side of Chiswick High Road, west of the Chiswick Town Centre and opposite the Chiswick Park office precinct. The station is located at the base of the existing BSI Tower and contains both District Line London Underground and London Overground train services.

2.2 The station adjoins residential properties to the south, on Wellesley Road and Grosvenor Road. To the north of the station is the Chiswick Park, which contains multi-storey office buildings and other commercial uses. The site is not within a conservation area.

269

2.3 The station is accessed from Chiswick High Road (main entrance), with a second access via a footbridge linked to Wellesley Road and Grange Road. The station is situated at street level and above an ‘island’ platform in a railway cutting. Access to the platform is from a stairwell at the northern end of the platform.

3.0 HISTORY

3.1 Outline planning permission was granted in 1991 for the development of Chiswick Park with eleven office buildings, to be erected in a number of phases. Subsequent permissions have increased the number of buildings to twelve. At present, nine buildings have been completed or commenced. Buildings 6 and 7, at the northern end of Chiswick Park are the remaining buildings.

3.2 An associated legal agreement included an obligation for the developer of Chiswick Park to fund improvements to Gunnersbury Station to accommodate additional passenger demand generated by the office park development. Planning permission (00248/N/P17) was granted in 2004 for station improvements, with these approved details later being varied in 2006 and 2007, and permission renewed in 2009.

3.3 The most relevant planning history is given below.

3.4 00248/D/P7 Business park (B1 buildings)

Approved 14 January 1991 with legal agreement

3.5 00248/D6 -7/P1 One nine storey and one twelve storey bu ildings for business use (Use class B1) associated plant, standby generators and compactors, landscaping, servicing and access arrangements, together with the reconfiguration of the approved car parking layout

Approved 6 September 2007 with legal agreement

3.6 00248/N/P17 Improvements to Gunnersbury Station, incorporating the station concourse and ticket hall, platform access stairs, platform shelters and furniture lighting and security

Approved 4 November 2004, with minor amendments approved via letter, 11 August 2006

3.7 00248/N/P20 Variation of Condition 2 (the development shall be carried out in accordance with the approved plans) of approved planning permission for improvements to the station.

Approved 29 November 2007

3.8 00248/N/P21 Renew al of permission 00248/N/P17 for improvements to Gunnersbury Station, 270

incorporating the station concourse and ticket hall, platform access stairs, platform shelters and furniture lighting and security dated 04.11.04.

Approved 29 November 2007

4.0 DETAILS

4.1 The application seeks planning permission for a revised scheme of improvements to Gunnersbury Station, which is to be undertaken to satisfy the planning obligation for public transport improvements necessary for the development of the major office precinct at Chiswick Park. The proposed scheme would replace the approved scheme of improvements originally granted permission in 2004, and later subject to minor amendments in 2007, and renewed in 2009. These approved improvements have not been carried out.

4.2 The obligation to improve the station is linked to the phasing of development at Chiswick Park, with the improvements to be completed prior to the occupation of Building 6 of the scheme. The owner of Chiswick Park has advised that they have been unable to obtain agreement from the landlord of the site or Network Rail to enable provision of all of the previously approved improvements. Therefore a further revised scheme of improvements that address the difficulties in providing the approve scheme is now proposed. Network Rail, London Underground and Transport for London do not object to the current application.

4.3 The proposed improvements aim to enhance the station access and signage, and improve pedestrian safety and capacity, through alterations to the ticket gates and station office, and relocation of the platform furniture.

4.4 In more detail the proposed works are:

4.5 Station concourse – Improvements to address existing capacity constraints, improve accessibility for people with luggage/prams and enhance appearance:

• Rearrangement of ticket office to accommodate additional ticket barriers, which would increase the number of automatic barriers by two and the total number of barriers to five (from four), including a new automatic barrier to the eastern footbridge access and double gate

• New ticket windows (two)

• Provision of an automatic wide aisle gate to replace existing manual operated wide gate

• New finishes to concourse area and entrance hall to provide brighter and more pleasant environment

271

• Alterations to communications and electrical equipment

• Improvements to staff room and facilities

4.6 Platform and stairs – Improvements to minimise congestion and improve passenger flow.

• Removal of existing security gate at base of platform staircase to improve access to platform

• Removal of existing passenger seating at base of stairs, provision of a new, narrower shelter on the platform to reduce congestion between waiting and disembarking passengers and enhance passenger flow on stairs

• Replacement of existing seating with new seating

• Repositioning of handrails

• Alterations to display boards

4.7 Pedestrian footbridge – Cosmetic improvements to enhance appearance and perception of security.

• Repair and make good floor surface

• Make good and redecorate columns, balustrade and metalwork

• Make good and decorate soffit

4.8 The applicant has advised that further improvements to enhance the station entrance through new finishes to the approach hall plus new station signage and canopy to the front of the BSI building are proposed, however these will be subject to the approval of adjoining owners.

4.9 The primary changes from the originally approved scheme (P17), as subsequently amended, are:

• The existing heated waiting enclosure will be retained rather than relocated and replaced with a smaller open sided shelter.

• The existing staff facilities and concourse will be enhanced but not extended in area.

• Reconstruction of platform stairs to incorporate additional landing to reduce rise between landings and improve their accessibility is now omitted.

4.10 It is also noted that there is a separate planning obligation for the provision of a pedestrian footbridge to Chiswick Park from Bollo Lane. This footbridge would allow access to Chiswick Park from the east, facilitating use of Chiswick Park underground station as an alternative route, further enhancing public transport access to Chiswick Park and

272

accommodating additional demand from the new office buildings to be built in the later phases of the overall development.

5.0 CONSULTATION

5.1 Relevant statutory bodies, three neighbours and the West Chiswick and Gunnersbury Society were consulted by letter. A site notice advertising the application was also posted, and the application has been advertised in the local press.

5.2 Comments that raised concerns with the proposal were received from two residents and the West Chiswick and Gunnersbury Society. A summary of the comments received and a response is given below.

Comment Response

The proposed improvements, The improvements, along with the while welcome, make only provision of a new footbridge over minor and cosmetic Bollo Lane (to provide an alternative improvements and do not access route from Chiswick Park address the access/safety station), will enhance the functioning of issues resulting from the the station and accommodates future significantly increased growth. A lift and/ or a second stairway passenger numbers from and not presently feasible at this Chiswick Business Park station. (estimated at approximately

7000 workers rising to 10,000 on completion of buildings 6 and 7). There is serious congestion on platforms and the single set of stairs during rush hours.

The Council approves planning See above comment. applications in this area with size, densities and other aspects based on there being good public transport provision, siting proximity to Gunnersbury station. Any improvements must cater for the current and future passenger numbers. A second stairway should be provided together with a lift; a second stairway could be accommodated by providing a new exit on Wellesley Road.

The access stairs to the There are minor changes proposes to platform are difficult to use for that aim to enhance the efficiency and elderly, frail and disabled safety of the access to the platform,

273

people and for those with including relocation of infrastructure young children and the and provision of additional ticket gates platforms are often very to ease congestion and improve crowded. The proposed passenger flows. marginal improvements to the As part of the assessment of this stairs and platform shelters will application, an updated feasibility not address this problem. It study was requested to ascertain should be a condition of whether a lift to the platform was approval that a full traffic risk feasible. This study concluded that and safety assessment should significant constraints existed to the be undertaken in respect of provision of the lift, which would passenger safety and what involve significant disruption to the would happen in an ongoing operation of the station. Both emergency. Network Rail and London Underground concur with this conclusion. The applicant has undertaken a pedestrian flow and fire safety analysis which concludes the proposal would not harm passenger safety, with this having been reviewed and accepted by Network Rail and London Underground.

Oppose the removal of the The applicant has amended the existing heated waiting room proposal to retain the enclosed heated on the platform as this is very passenger waiting room. popular especially during cold and wet weather and was long campaigned for. Other improvements welcomed but the loss of a fully enclosed and heated waiting room would seriously reduce the attractiveness of using the station both for local residents and office workers.

5.3 Transport for London 4/7/11 – No objections.

5.4 London Underground (Infrastructure) 21/6/11 – No comments.

5.5 Network Rail 26/7/11 – Satisfied that the project team has explored the possibility of introducing a lift at the station and with the conclusion that this could not be implemented at a reasonable cost, due to existing constraints at the station. The constraints are both structural and through ownership of adjoining land. Furthermore, the Department for Transport has provided a dispensation in recognition that it is not possible to provide a lift at the station.

274

Network Rail continues to support the proposed improvements to the station subject to:

• A pedestrian flow and fire safety analysis being undertaken • Construction of the Chiswick Park footbridge

6.0 POLICY

6.1 National Guidance

PPS 1 Delivering Sustainable Development PPS 22 Renewable Energy PPS 23 Planning and Pollution Control PPG 24 Planning and Noise

6.2 Determining applications for full or outline planning permission

6.3 When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

6.4 The Development Plan

6.5 The Development Plan for the Borough comprises the Council's Unitary Development Plan (UDP), Employment Development Plan Document, Brentford Area Action Plan and the London Plan.

6.6 The emerging Core Strategy

6.7 On 12 July 2011, the Council's Cabinet approved that the Core Strategy "Preferred Strategy" should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that very limited weight can be given to it at this stage.

6.8 The draft National Planning Policy Framework

6.9 The draft National Planning Policy Framework (NPPF) was published for consultation on 25 July 2011. The NPPF is a consultation document and, therefore, potentially subject to amendment. Nonetheless, as emerging policy, the Local Planning Authority (LPA) considers that the NPPF is capable of being a material consideration. As the Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled and given that the NPPF is still in the consultation stages, the LPA considers that very limited weight can be given to the NPPF at this stage.

275

6.10 London Plan

2.8 Outer London: Transport

6.2 Providing Public Transport Capacity and Safeguarding Land for Transport

6.3 Assessing Effects of Development on Transport Capacity

6.4 Enhancing London’s Transport Connectivity

7.2 An Inclusive Environment

6.11 Unitary Development Plan

ENV -B.1.1 New Development

ENV - B.1.9 Safety and Security

T.1.4 Car and cycle parking for development

T.2.1 Pedestrian Access

T.2.2 Pedestrian Safety and Security

T.2.4 Public Transport Infrastructure

T.3.1 Improvements Sensitive to Particular Users

T.3.2 Access to Public Transport (premises)

7.0 ISSUES

7.1 The main issues to be considered are:

Issue 1: The principle of the development Issue 2: Design and appearance Issue 3: Station access and passenger safety

7.2 The key policies that are applicable and likely matters to be assessed with regard to each of these issues are discussed in further detail below:

Issue 1: The principle of the development

7.3 Policy 2.8 of the London Plan says boroughs should recognise transport needs of outer London by ensuring adequate transport capacity and infrastructure and improving the function and access public transport

7.4 Policy 6.3 of the London Plan says development proposals should ensure that impacts on transport capacity and the transport network are fully assessed and that development should not adversely affect safety on the transport network. 276

7.5 The improvement works are proposed to enhance the function and appearance of the existing station, accommodating the increased demand from offices at Chiswick Park, this being an obligation of a legal agreement associated with the planning permission for the office development. The offices at Chiswick Park area major source of employment in the Borough and contribute significantly to both the local economy and wider economy.

7.6 Similar improvements proposed to meet these aims were approved in 2004 and 2007, and renewed in 2009. These permissions have not been implemented but various improvements to the station have been carried out since the Chiswick Park development has been occupied, including an increase in ticket gates. The applicant advises that it has not been possible to obtain necessary permissions from the landlord or Network Rail to enable provision of all previously approved details, and so this revised scheme of improvements has been submitted for approval. The relevant rail authorities and operators, Network Rail, London Underground and Transport for London do not object to the proposal.

7.7 As the details are submitted in accordance with the planning obligation and provide for improvements to the existing station, the principle of the proposed development is acceptable, subject to them having a positive impact on the appearance and safe, efficient operation of the station, including provision of measures to facilitate disabled access where feasible.

Issue 2: Design and appearance

7.8 PPS 1 gives key principles to be applied to decisions on planning applications to achieve the delivery of sustainable development including design and also says: “ Good Design should contribute positively to making places better for people. Design which is inappropriate 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’. Policy ENV-B.1.1 of the UDP aims to ensure that new development relates well to the site and the character of the area in terms of size, scale, materials and design.

7.9 The proposed improvements include recladding and new finishes to the internal station approaches (concourse and footbridge), as well as an enlarged canopy at the entrance and new station totem sign, the latter items subject to further agreement with landowners.

7.10 These proposed works would enhance the appearance and condition of the interior of the station, providing a more attractive environment for passengers and staff. Therefore the works are satisfactory in this respect.

Issue 3: Station access and passenger safety

7.11 The proposed works aim to accommodate increased demand from additional usage of the station that will result from the Chiswick Park 277

development. Other obligations to develop and implement and Travel Plan for Chiswick Park, fund junction and crossing improvements, fund improved bus services, and build a footbridge to Bollo Lane, would also mitigate the transport impacts of the office development. The proposed footbridge to Bollo Lane from the northern side of Chiswick Park is expected to share the increased demand on the rail network as it would provide an alternative access from the tube.

7.12 As part of the assessment a meeting was held between Council officers, the applicant, Network Rail and London Underground to investigate provision of a lift to the platform and confirm the proposed arrangements for passenger safety were acceptable. Following this the applicant commissioned further studies of the feasibility of a passenger lift and a safety analysis of the impact of the works on passenger flows.

7.13 The existing access points to the station would be maintained with alterations to the existing ticket barriers to provide additional capacity. The completion of the final buildings in the Chiswick Park development will significantly increase the number of employees at the site, adding to demand for public transport. A Station Capacity Assessment that considered the implications for use of Gunnersbury Station expects that usage will increase by around 1,335 passengers (or 29%) by 2016, with this increase including additional demand from sources other than from Chiswick Park (office precinct). However with the construction of the pedestrian footbridge, which will give better access to Chiswick Park station, the expected increase in demand to use Gunnersbury Station will be lower, with the increase being about 770 passengers (17% increase). This is based on existing survey information and floor area, with an estimated 6,915 people expected to work at Chiswick Park on a typical day, of which around 51% would arrive by the Underground.

7.14 At present, the station has four ticket gates. With the expected increase in demand, and provision of the footbridge, the Capacity Assessment recommends that the station have six ticket gates, inclusive of one reserve gate (rounded up from 5.6 using the London Underground’s Station Planning Guideline and Standards criteria).

7.15 The existing recommended ticket gate provision is five, inclusive of a reserve gate, but the pressure at the gateline is moderated by the capacity of the single staircase from the platform, meaning that the existing four gates are satisfactory for the current demand. It is noted that seven gates were approved in 2004 and 2007, but an amended scheme with five gates was approved in 2006 with this referred to in the 2009 renewal application.

7.16 Therefore, the proposed provision of five automatic ticket gates, inclusive of a double-gate as proposed is satisfactory, as this is a 50% increase over the existing peak exit provision, with 3 exit gates and 1 entry to Chiswick High Road (instead of 2 exits and 1 entry) and would, along with other infrastructure and public transport improvements, adequately accommodate increased usage at the station. This is also consistent with the previous approvals. Other works to relocate stair handrails, platform seating, signage and enclosures would also improve passenger flow and 278

safety, especially at the base of the platform stairs where there is presently congestion during peak hours.

7.17 The applicant has undertaken a pedestrian flow and fire safety analysis which concludes the proposal would not harm passenger safety, which satisfies comments from Network Rail.

7.18 Policy 7.2 of the London Plan requires consideration to be given to the principles of inclusive design, particularly to provide access for disabled and elderly people.

7.19 In this instance the proposed improvements throughout the station would make it a more attractive and legible place. However the applicant has so far been unable to provide a fully accessible platform, and like the previously approved works, there is no provision of a lift for disabled access. The Department of Transport issued a dispensation from the requirement to meet disabled access requirements with the previous application in 2007. The same circumstances apply and it is not considered feasible to provide a fully accessible station.

7.20 In this regard the applicant has advised it is not presently possible to provide a lift to the platform owing to structural constraints and land ownership issues. A feasibility study 1 investigated the provision of a lift via two options. Like previous feasibility investigations it concluded there were a number of constraints to be overcome to enable either of these options to be progressed further, which would require significant modifications to the track and signalling infrastructure in addition to considerable structural modifications of the footbridge and reconstruction of the staircase. A further option would also require for public access to be granted across land owned by BSI, for which consent is unlikely to be given. Such work would be complicated and involve significant disruption to the ongoing operation of the station. The conclusion that a lift is not presently feasible is consistent with previous feasibility studies including by Network Rail and permissions granted in 2004, 2007 and 2009, and so the proposed access arrangements are satisfactory, though officers will continue to explore options for a lift with the station owner and operators.

7.21 General improvements to surfacing, signage, ticket barriers, stair handrails, automatic wide aisle gates and platform furniture location will improve accessibility for people with ambulant disabilities as well as partially sighted, blind and deaf persons.

8.0 PLANNING OBLIGATIONS

8.1 UDP policy IMP6.1 states that the Council will seek to ensure that a developer enters into a planning obligation to secure planning benefits related to the proposed development. A payment or other benefit offered pursuant to a section 106 agreement is not material to a decision to grant planning permission and cannot be required unless it complies with the

1 Gunnersbury Station: Provision of Passenger Lifts to Platform Level – Feasibility Study (Issue 1: 22 September 2011 by Arup) 279

provisions of the Community Infrastructure Levy Regulations 2010 (regulation 122), which provide that the planning obligation must be:

(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

8.2 Accordingly, it is mandatory that each criterion be satisfactorily addressed prior to granting planning permission subject to a section 106 agreement.

8.3 Government Circular 05/2005 provides guidance on the use of planning obligations, which may impose a restriction or requirement, or provide for payment of money from the developer to make acceptable development proposals that might otherwise be unacceptable in planning terms. The Council’s Supplementary Planning Document on Planning Obligations (which was adopted in March 2008) contains guidance on the imposition of planning obligations in compliance with Circular 05/2005. These obligations may offset shortfalls in the scheme or mitigate the impacts of the development.

8.4 This planning application is proposed to address an obligation to make improvements to Gunnersbury Station to accommodate increased use resulting from the development. An agreed scheme of improvement works to the station must be completed to the satisfaction of the Council prior to the occupation of Building 6 within Chiswick Park. The aim of the works is to enhance the station’s function to meet additional expected demand from the new office buildings.

8.5 The proposed works are consistent with previously approved details, and it has been satisfactorily demonstrated that the improvements would adequately accommodate the increased passenger demand resulting from the development, subject to the footbridge (covered by a separate obligation) being provided.

8.6 Therefore, once implemented in full to the satisfaction of the Council, the works would satisfy the obligation, and no additional planning obligations are considered necessary as there are no changes proposed to the office accommodation. However the existing legal agreement for Chiswick Park must be varied to refer to this application reference to ensure these improvement works are linked to the development of Chiswick Park. A deed of variation is therefore required.

9.0 EQUALITIES IMPACT ASSESSMENT

280

9.1 The Council has to give due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. An initial relevance test indicated that in relation to disability, the proposal had potential to disadvantageously affect those people with ambulant disabilities, as a fully accessible platform was not proposed.

9.2 Under the Equalities Act the Council and the applicant should ensure that the proposal provides reasonable adjustments where a physical feature/provision or practice or lack of an auxiliary aid puts a disabled person at a substantial disadvantage in comparison to some one who is not disabled. This proposal gives due regard to the disability duty in the design of the improvements as proposed works would enhance the accessibility of the station for people with disabilities through making general improvements to surfacing, signage, providing automatic wide aisle ticket barriers, stair handrails and platform furniture locations to assisting people with ambulant disabilities as well as partially sighted, blind and deaf persons.

9.3 A further physical adjustment to the station design to provide a lift to the platform would make the station fully accessible to people with disabilities (though access to trains may still require manual assistance). No lift is proposed, however it has been satisfactorily demonstrated that it is presently unfeasible to provide a lift due to a number of constraints including physical limitations and land ownership issues. The Department of Transport has previously given a dispensation to the improvement works for not complying with disabled access provisions owing to the significant constraints identified and the implications for the disruption of train services through the station. Officers requested a review of the feasibility of the provision of a lift and the applicant has provided a new feasibility study that investigated options for a lift, which included significant alterations to the station design, and altering railway lines. However none of the options identified were considered feasible, with this conclusion accepted by Network Rail and London Underground.

9.4 Therefore it is considered that if approving or refusing this proposal the Council will be acting in compliance with its duties.

10.0 CONCLUSION

10.1 The works would provide practical improvements to the station’s appearance and function including its accessibility, with no objections being received from the relevant rail operators (Network Rail, London Underground and Transport for London). The development would satisfactorily make provision for the increased passenger demand at the station from the Chiswick Park office development and would improve public transport infrastructure in the locality. A variation of the existing legal agreement to make reference to this permission will be required.

11.0 RECOMMENDATION

11.1 That planning permission be granted subject to the following conditions and securing the abovementioned planning obligations by the prior

281

completion of a satisfactory legal agreement or unilateral undertaking made under Section 106 of the Town and Country Planning Act 1990 and or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Assistant Director Corporate Governance.

11.2 The satisfactory legal agreement or unilateral undertaking outlined above th shall be completed and planning permission issued by 27 January 2012 or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or within Legal Services.

11.3 If the legal agreement or unilateral undertaking is not completed by the date specified above (or any agreed extended period), then the Director of Environment or Assistant Director – Environment Department (Regulatory & Development Services) or Development Control Support Manager is hereby authorised to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010, development plan policies and the Planning Obligations SPD, as described in Section 8.0 of this Report.

11.4 If planning permission is refused (for the reasons set out above), the Director of Environment or Assistant Director – Environment Department (Regulatory & Development Services) or Development Control Support Manager (in consultation with the Chair of Sustainable Development Committee) is hereby authorised to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it (a) duplicates the planning application, and (b) that there has not been any material change in circumstances in the relevant planning considerations, and (c) that a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time.

12.0 REASONS

12.2 The improvements to Gunnersbury station, incorporating directional signage, station entrances, concourse, ticket hall, platform access stairs, platform shelters, platform furniture and security, are considered an overall improvement to the existing visibility, appearance, accessibility, and efficiency of the station, which would enhance public transport infrastructure in the location and contribute to meeting additional passenger demand resulting from the Chiswick Park office development. Therefore the proposal would satisfy policies ENV-B.1.1 (New Development), ENV-B.1.9 (Safety and security), T.1.4 (Car and cycle parking for developments), T.2.1 (Pedestrian access), T.2.2 (Pedestrian safety and security), T.2.4 (Public transport infrastructure), T.3.1 (Improvement Sensitive to Particular Users) and T.3.2 (Access to Public transport premises) of the adopted Unitary Development Plan; and policies 2.8 (Outer London: Transport), 6.2 (Providing Public Transport Capacity and Safeguarding Land for Transport), 6.3 (Assessing Effects of Development on Transport Capacity), 6.4 (Enhancing London’s 282

Transport Connectivity) and 7.2 (An Inclusive Environment) of the London Plan.

12.3 Conditions and Reasons

Conditions:

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

Reason: To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990)

2. The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans submitted therewith (Gunnersbury Station Capacity Assessment, Received 10 August 2011, GA_200-, GA_201-, GA_210-, Received 16 November 2009, GA_101_1, 330_3, 331_2, IM_030_2, IM_032_1, IM_035_1, Received 7 September 2011, GA_301_4, GA_310_5, GA_332_4, GA_334_2, Received 17 October 2011) and approved by the Local Planning Authority, or as shall have been otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the development is carried out in accordance with the planning permission.

Background Papers: The contents of planning file referenced on the front page of this report, save for exempt or confidential information as defined in the Local Government Act 1972, Sch. 12A Parts 1 and 2

283 1

578 to 586

PH 1a

a to i to a 590 596 9.8m

598 to 608 9.8m

TCB 389

LB

CHISWICK HIGH ROAD 391

403 415

The Grange

SL MP 10 25 to 1

GUNNERSBURY MEWS Works El Sub Sta

GRANGE ROAD 14

27 to 35 23 24 30 11 26 36 to 44

14 to 22

13

11

13

12 10

38 GRANGE ROAD

Gunnersbury Station

50

51 40 42

45 46

47 to 49

52 to 57 1 to 9 to 1 15

46

CHASELEY COURT

58

60

59

61 1

19 to 36

SP

19

33

10.1m

10.4m WELLESLEY ROAD

11.3m 26

26a

26b 26c 28

Belgrave Lodge 28a

34 1 to 12

38 1 to 9 Heston House

Surgery

Grosvenor Court

GUNNERSBURY STATION, CHISWICK, LONDON, W4.

London Borough of Hounslow Mike Jordan c Crown copyright. All rights reserved 100019263 2011 Director of Environment, The Civic Centre, Lampton Road, Hounslow, TW3 4DN

Drawn by: S.C. Scale1/1250 Date 11 - 10 - 2011 O.S. Reference - TQ1978SE 284  Agenda Item 14 SUSTAINABLE DEVELOPMENT COMMITTEE 27 th October 2011 e-mail: [email protected]

References: P/2011/2001 00555/5/P5 Address: 5 Hardwicke Avenue, Hounslow, London, TW5 0PP

War d: Heston East

Proposal: Retrospective application for erection of a single storey rear extension to the house.

Drawing numbers: Amended drawings RS/Oct11/01, /02 & /03 received 17 October 2011, Design and access statement Received 08/07/2011

Applicatio n received: 08/07/2011

1.0 SUMMARY

1.1 This application follows a site visit by Council enforcement officers who established that a breach of planning control had occurred.

1.2 The structure is very similar to one approved in 2007, but slightly larger.

1.3 Although the extension is unusually large, no harm arises as a result of its construction.

1.4 Because of the site layout and the character of the area it is not considered to be excessive, nor to harm neighbours’ living conditions or the appearance of the area.

1.5 Some objections submitted do not relate to the planning merits of the case and should be disregarded.

2.0 SITE DESCRIPTION

2.1 This is a semi-detached bungalow on the northern side of Hardwicke Avenue cul-de-sac. The road is laid out as a semi circle and as a result the properties are all angled away from each other at the rear, resulting in unusually large gardens in some cases, including this property and those either side.

2.2 The application property has an original detached garage on the flank shared with No. 6, which has been converted into a habitable room. The property also has a single storey side and rear extension, canopy over the patio area (built between 2006 and 2008 without planning permission) and an extended side extension (subject of this application) partly completed along the southern site boundary. The application site falls slightly from north to south.

2.3 The original rear garden of this house had an area of 436 square metres. The rear boundary adjoins Channel Close to the east and has a brick wall with a gateway. This gate has been in place since 2006 according to planning records. 285 2.4 The house is finished with painted render and clay roof tiles. It has space for three or more cars to park on the forecourt.

2.5 Internal accommodation comprises three bedrooms, a lounge and kitchen on the ground floor and other ancillary spaces, together with a room in the roof space and a further room in what was originally the detached garage.

2.6 No 6 (the adjacent semi) has a single storey rear extension and a substantial side/rear extension. These stretch the length of the boundary and are 2.8m in height. They were approved by the Council on 16 October 2003 (see below).

2.7 No 4, the other half of the semi, has a single storey side and rear extension approved in February 2000. Behind this a glazed canopy/conservatory second extension with a masonry side wall has been added on the common boundary. This was built without planning permission. It extends to the same depth as the unauthorised canopy at the application site. It is at least eight years old, appearing on council aerial photographs in 2003. There are other outbuildings on the northern boundary with No 3, so that this boundary is fully built up in the same way as No 6.

3.0 HISTORY

Application site:

3.1 00555/5/P1 Erection of a flank and rear extension to house and forward extension to garage Refused 25/04/1978 Reason: obtrusive; harm to neighbours’ amenities. 3.2 00555/5/P2 Retention of single storey flank and rear extension to house and forward extension to garage Approved 09/01/198 1 3.3 00555/5/P3 Conversion of garage to habitable room with new pitched roof Approved 0 6/09/2005 3.4 00555/5/P4 Erection of a single storey rear extension to be used as granny annexe Approved 22/11/2007 3.5 Enforcement An enforcement site visit was carried out on 29 June 2011. This established that the extension was not being carried out in accordance with the approved plans. The owners were advised of their right to make a retrospective planning application. 6 Hardwicke Avenue

3.6 00555/6/P4 Retention of single storey rear extensions Approved 16/10/2003

286 4.0 DETAILS

4.1 The application seeks approval for the single storey side/rear extension which has been partially completed on site. In terms of appearance and layout, the proposal is an amended version of the approved P4 scheme. It covers the same amount of ground area apart from the removal of a light well gap within the extension. It has been moved south slightly as it now adjoins the boundary with No. 6, removing the previously approved 1.2 metres set off. The extension would be directly linked to and part of the main house.

4.2 The extension measures 11.3 metres deep from the rear of the existing side projection. At the rear of this existing projection, the extension measures 4.6 metres wide. It then follows the boundary with No. 6 and increases to 7.4 metres wide at the rear.

4.3 The extension would be finished with a flat roof, 2.9 metres high.

4.4 The extension would have a single window to the rear elevation and two windows and a door on the flank (facing into the site).

4.5 The applicant has four children, one of whom is severely disabled and needs constant care. The P4 permission was for a ‘granny annexe’. The current proposal is merely to extend the house. It is needed to allow the family to care for the severely disabled child who is leaving institutional care provided by this Council. Supporting information and revised plans submitted on 17 October 2011 show this. An existing bedroom is to be retained in the approved side/rear extension. The additional room created would provide a playroom for the child and sleeping accommodation for a live-in carer when needed.

5.0 CONSULTATIONS

5.1 Eight neighbouring residents were notified on 02/08/2011. Five responses were received commenting as follows:

Comment Response

Skips are being left in Channel Not a planning related objection. The Close during building works and placing of skips on the highway is a Channel close is being used for Highways licensing matter. deliveries

The application should not be Not a planning related objection. Planning decided until the gate on the rear permission is not required to install a gate boundary is removed. It provides in a wall. The proposed condition (4) would separate independent access into prevent use as a separate dwelling. The the annex which would enable it to gate has been in place for over five years. become a second residence setting an unacceptable precedent.

287 Work on site is carried out at See Condition 3 unsociable hours

The extensions at the rear of this See paragraphs 7.11 and 7.16. The and other houses on Hardwicke garden is unusually large (250 m 2 remains Avenue are unacceptable unbuilt), the extension is broadly the same overdevelopment causing harm to as one approved in 2007. Although the residents and neighbours, leaving number of additions to the original house is little garden space for residents greater than would normally be allowed, and reducing the garden space at this has to be considered on the merits and this property by more than 50%. circumstances of the case and, in this The property has two rear instance, the addition is not considered extensions already constructed. excessive in its setting. The proposed extension would constitute an extension on an existing extension and this would be a significant breach of planning regulations

The extension has been built The applicants have made a retrospective without planning permission planning application, which they are entitled to do, to seek to rectify the breach of control. Consideration of such applications must be based on planning merits and must set aside the fact of the breach unless the structure is harmful.

The extension fails to meet the 1m See paragraph 7.8. The 1 metre set-off set in from the side boundary guideline is to prevent an overbearing guideline. This could result in effect or loss of light. It is not needed in maintenance problems. this case because the building butts up against a similar building at No 6 the other side of the boundary and it is equally practical in this case to prevent creation of a void

The application form has been See paragraph 7.10. Formation of a gate incorrectly filled in reference to the in the rear fence does not require planning access way to the rear which permission if it does not increase the states that no changes to access height. Channel Close is a public highway are proposed. to which such access is not restricted

There is already a side extension A site visit was carried out. The extension used as a separate dwelling that was not being used in this way (See could be the Granny Annexe paragraphs 7.3, 7.9 and Condition 4). The permission for conversion of the garage into a habitable room is subject to a condition that it only be used as part of the house.

288 The Residential Extension There is no separate street entrance to the Guidelines state that a Granny extension. Use as a separate dwelling Annexe “must not have a separate would not be acceptable and (it was entrance or staircase. The clarified on 17 October 2011) is not extension should be internally proposed. Condition 4 would prevent use connected to the rest of the house as a separate dwelling. The previously and cannot include a separate approved extension was connected to the kitchen”. house only by an open canopy. None is The submitted plans clearly show proposed this time. Instead, there is a that the development has a direct internal link and the extension would separate entrance and that it is not be integral to the property. connected to the rest of the house.

This retrospective application is a The application must be considered on the flagrant breach of the planning planning merits – i.e.: process, circumventing planning control and the democratic right of Is its appearance and its effect on the residents to voice concerns. Is character of the area acceptable? Council Tax being paid by Is its effect on neighbours’ living conditions residents? Is the latest acceptable? development being adapted for use by a disabled person? Or is and this another ruse? Does it comply with relevant planning policies for a building of its purpose?

Allegedly the owner at 5 Planning decisions cannot be taken on the Hardwicke Avenue has contacts basis of allegations about non-planning within Hounslow Council. I believe matters. The report sets out the planning this development is for commercial merits of the application. The scale, design reasons and planning permission and position of the building and its effects would not have been sought had on neighbours are all considered in objections not been made. reaching a conclusion. A member of the family worked for the Council until about 2007, but no longer does so. This was declared in a previous application.

6.0 POLICY

Determining applications for full or outline planning permission

6.1 When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

289 The Development Plan

6.2 The Development Plan for the Borough comprises the saved policies in the Council’s Unitary Development Plan (‘UDP’), the Employment Development Plan Document, the Brentford Area Action Plan and the London Plan.

6.3 The London Plan was adopted in July 2011.

6.4 The UDP was adopted in December 2003 and amended and saved as of 28 September 2007 by Direction from the Secretary of State.

6.5 The Employment Development Plan Document was adopted on 25 November 2008 and the Brentford Area Action Plan was adopted on 27 January 2009. Neither is relevant to this case.

Supplementary Planning Documents:

Planning Obligations Air Quality

6.6 These SPDs were adopted on 11/03/08, following public consultation in July and August 2007. They are part of the Local Development Framework, but are not relevant to this case.

Supplementary Planning Guidance

6.7 1997 Supplementary Planning Guidance - The Supplementary Guidance was subject to formal public consultation and, unlike normal SPG, subject to an inquiry process and consideration by a government Inspector. The Inspector’s report recommended the appendices be removed from the plan, as they added to its bulk, cost and complexity and may well have consumed further resources at the first review of the UDP. He also considered that they could stand alone away from the main plan as SPG. This was what the Council did. During the consultation process, objections were received from individual house builders and the HBF. The guidance was amended as part of the process. The Council did not therefore consider it necessary to reconsult on this proposed guidance, but simply to use it in light of the suggested amendments and the Inspector’s comments.

6.8 Residential Extensions Guidelines - The information contained in the Residential Extension Guidelines underwent two months of public consultation prior to adoption as Unitary Development Plan Supplementary Planning Guidance in August 2003 under Policy H.6.4.

6.9 Unitary Development Plan Policies

ENV -B.1.1 New Development. H.6.4 Extensions and Alterations T.1.4 Car and cycle parking and servicing facilities for developments

290 6.10 Supplementary Planning Guidance Policies

Residential Extension Guidelines

Section 1 Single Storey rear extensions

6.11 Supplementary Planning Guidance 1997

1. Design and Layout 2. Safety and Security Guidelines 9. Form and Design 10. Private Amenity Space

7.0 PLANNING ISSUES

Principle

7.1 Council planning policies ENV-B.1.1 and H.6.4 support the principle of household extensions provided that no harm to neighbours’ living conditions or the character and appearance of the locality would result. In conjunction with these policies, the Residential Extension Guidelines were introduced to ensure that a balance is struck between protecting neighbours’ interests, keeping a good quality and attractive street scene, and meeting applicants’ reasonable expectations for increased accommodation.

7.2 The primary issues to consider in this planning application are the effect of the extension (and its use) on neighbours and the effect on the appearance of the building and the area.

7.3 The principle of use as a ‘granny annexe’ was decided in 2007 when the Council gave planning permission for a slightly smaller extension. This is not now proposed, but the extension is needed in order to provide for the care needs of a severely disabled person. The preamble to UDP policy H.6.4 says: “The Council will have regard to special housing needs, such as the housing needs of extended families and people with disabilities, but the extension or alteration must not have an undue adverse impact on neighbouring properties. As the principles are the same, it is recommended that the condition imposed in 2007 requiring that the extension be used only for purposes ancillary to the occupation of the house as a family dwelling should be repeated in this instance (Condition 4). See paragraph 7.9 below. The effect on neighbours and the character of the area must be assessed in the context of this guidance from H.6.4.

Impact on neighbours

7.4 UDP policy ENV-B.1.1 states that all new development should be of a scale and mass so as not to cause harm to neighbouring properties.

7.5 Section 1 of the Residential Extension Guidelines states that proposals for single storey rear extensions on semi-detached properties should usually measure no more than 3.65 metres in depth to ensure no loss of light is experienced to neighbouring windows. 291 7.6 The property has a number of rear extensions which are lawful. These project a maximum of 7.2 metres from the rear elevation of the house.

7.7 The subject extension sits to the rear of the property but projects far deeper than the Guidelines recommend. This depth was approved in the 2007 (P4) application. The depth has no harmful effect on the adjacent property (No. 6) due to the deep extension which runs along the boundary of that property blocking any effect on daylight, sunlight or amenity that might have arisen had that extension not been there.

7.8 The extension, as built, has removed the 1.0m set in from the side boundary. The gap in this case was a light well of maximum size two metres wide by 2.9 metres deep, and a 1.2 metre wide corridor adjacent to the existing, much larger, extension at No. 6 described above (see Paragraph 2.2). It is not considered that this increase in the scale of the extension has harmed neighbours’ living conditions, since it can barely be seen, if at all, from within the property to the south. The extension is separated from the property to the north by 10 metres due to the unusual width of the garden. Objections have been received to the effect that the removal of this set in results in problems for maintaining the wall. However, because the extension at No. 6 sits along the length of the boundary, it is equally practical to abut the two to prevent the creation of a void. This objection was not from the adjoining neighbour. These set-offs are normally sought to protect neighbours’ living conditions by preventing loss of light and outlook. In this case the lack of a set off makes no difference because of the extension at No. 6.

7.9 The Council resists the creation of new self-contained residential accommodation in back gardens and in this case the extension would not be separate but be used by a member of the family who requires additional space to so that she can receive appropriate care. In view of its scale, a condition (4) is proposed ensuring that the extension remains part of the original house, and does not become a separate self-contained unit.

7.10 Objections have also been received to the installation of a gate into the rear fence and the harmful effect this access is having through noise and disturbance and parking in the area. No gate is shown on the submitted plans. Planning permission is not required to install a gate within a wall if the height does not increase (it is ‘Permitted Development’), and planning law has no provision for enforcing rights of way. Channel Close is public highway to which the frontagers (including residents of Hardwicke Avenue) would appear to have a right of access.

7.11 A further objection relates to an overdevelopment of the site and a reduction in the amenity space available for occupiers of the property. The extension leaves approximately 250 square metre private rear garden space – still the majority of the rear garden. This is well above the minimum considered acceptable under Section 10 of the Council’s Supplementary Guidance. It is therefore considered that the extension, although larger than would usually be approved, would not represent overdevelopment of the site.

292 7.12 In relation to the hours of construction, which is a concern of some neighbours, a condition (No 3) should be placed on any approval, restricting the construction hours to those normally enforced under pollution control legislation, to improve the situation for neighbouring residents during completion of the work.

7.13 It is therefore considered that the proposal would not harm neighbours’ living conditions and therefore conforms to UDP policy ENV-B.1.1 and the intent of the Residential Extension Guidelines.

Design and appearance

7.14 UDP Policy ENV-B.1.1 promotes high quality design that enhances the overall environmental quality and townscape.

7.15 The extension is to the rear of the property and so does not harm the general street scene of Hardwicke Avenue.

7.16 Although the extension is large, and bigger than would usually be approved, Hardwicke Avenue is characterised by a number of large extensions, owing to the wide angle of each garden. The extension’s length and height has already been approved in the P4 application and its width is only marginally different. As no material change in circumstances has occurred at the adjacent site since this approval, it is considered that the extension would maintain the character and appearance of the rear of this property, notwithstanding the increase in breadth (which is limited to the infill of the light well).

7.17 It is therefore considered that the proposed extension would not harm the appearance and character of the property or the area, in accordance with UDP policy ENV-B.1.1 and the intent of the Residential Extension Guidelines.

8.0 EQUALITIES DUTIES IMPLICATIONS

8.1 The Council has to give due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, which is available at:

http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/en vironment_eias.htm

it is considered that there will be no specific implications for the Council’s obligation in respect of its equalities duties and that, if approving or refusing the proposal, the Council will be acting in compliance with its duties.

Relevant Section of Relevance Test: Householder developments

9.0 CONCLUSION

9.1 Although the application is deeper than would usually be approved, the development would not harm neighbours’ living conditions nor the character 293 or appearance of this site. Moreover, the proposal meets a special need which the council wishes to support. Approval is therefore recommended.

10.0 RECOMMENDATION:

APPROVAL

Reasons:

The extension is larger than would usually be approved. However, owing to the applicant's special circumstances, to the lawful extension to the adjacent property, to the size and shape of the garden and the extension's position on the south boundary, no unacceptable effect on neighbours' living conditions or the character and appearance of the site as a whole has resulted from the development. The proposal is therefore in line with adopted Unitary Development Plan Policies ENV-B.1.1 and H.4.1, and the intent of the Council's Residential Extension Guidelines and other supplementary planning guidance.

Conditions:

1 B3 Matching Materials. 2 B5 Detailed Applications. 3 C29 Hours of work (8:00am to 6:00pm on Mondays to Friday and 9:00am to 1:00pm on Saturdays and not Sundays and Public Holidays) 4 C9 The extension hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 5 Hardwicke Avenue.

294 80

2 295

CHANNEL CLOSE © Crown copyright. All rights reserved. London Borough of Hounslow 100019263 2011. 101 4 3

SUTTON ROAD

2

1

66

74 70

68

82

72 64

90

58

92

98

76 42

80 77 2

El Sub Sta

1 70

2

1

296

64

69 10 1 19

CHANNEL CLOSE 6

CHANNEL CLOSE 63

HARDWICKE AVENUE 7 8 8 10

9 12

13

CAMBORNE WAY

18

57 12 14 17

11 13

15 13

CHANNEL CLOSE

39

56 20 51

© Crown copyright. 5 Hardwicke Avenue, Hounslow All rights reserved. London Borough of Hounslow 100019263 2011. Agenda Item 15 SUSTAINABLE DEVELOPMENT COMMITTEE 27 th October 2011 Sam Collins Email: [email protected]

References: P/2011/2124 00890/F/P18

Address: 111 Power Road, Chiswick

Ward: Turnham Green

Proposal: Extension of time frame for planning permission 00890/F/P17 dated 31 July 2008 for the renovation and reorganisation of existing units, creating new units on the ground floor to the north and east, ground and first floor to the south. New build rooftop extension of 1-storey to the west and 2 storey to the south of existing building.

Drawing numbers: Existing plans

514 L 000-P0, 514 L 001-P0, 514 L 002-P0, 514 L 010-P0, 514 L 011-P0, 514 L 012-P0, 514 L 015-P0, 514 L 020-P0, received 1 st May 2008

Proposed plans

514 L 101-P1, 514 L 102-P1, 514 L 201-P1, received 29 th May 2008

514 L 103-P2, 514 L 150-P0, received 25 th June 2008

514 L 104-P3, 514 L 105-P2, 514 L 201-P2, 514 L 302-P3, received 9 th July 2008

Supporting documents

Design and Access Statement, Framework Travel Plan, received 1 st May 2008

Meet the Neighbours 1, received 2 nd June 2008

Design Response, received 25 th June 2008

Application received: 26 th July 2011

1.0 SUMMARY

1.1 This application is for the renewal of planning permission 00083/F/P17 that expired on 31 st July 2011. This application was validated on 26 th July 2011 2971 prior to its expiry. The application was previous assessed against the adopted Unitary Development Plan, Supplemental Planning Guidance and Planning Obligations Supplementary Planning Document. Since the application was approved, subject to a legal agreement on 14 th July 2008, a revised London Plan has been adopted and the Employment Development Plan Document. The proposal is considered to comply with the relevant policies of these documents and is therefore recommended for approval.

2.0 SITE DESCRIPTION

2.1 Power Road Industrial Estate is an established Industrial Estate covering approximately 72,000m 2. It is located to the west of Chiswick and is accessed from both Chiswick High Road to the south and Gunnersbury Avenue to the west. The Employment Development Plan Document highlights the Power Road Industrial Estate as a Locally Significant Industrial Estate.

2.2 The application site is located on a prominent corner location to the north east of Power Road, and lies within the Power Road Industrial Estate. The site currently contains a two-storey office and light industrial building with a flat roof to the front and a saw tooth roof with north lights roof to the rear. The building dates back to the 1930’s and is constructed in a mixture of load bearing masonry and framed construction. The site is visible from Chiswick High Road. The building is shown below;

2.3 The Lightbox is a business centre providing 7,580m 2 of general B1 space and houses several small to medium sized businesses. It is operated by Workspace Group plc who own over 100 sites within London; the company ethos is to provide flexible, managed workspace to businesses. In this location, most units are B1 (b) Research and Development and B1(c) Light Industrial. The company also has two other Chiswick Sites, Chiswick Studios, which is adjacent to the application site, and the Barley Mow Centre, which is occupied predominantly by B1 (a) office use.

2982 2.4 The Lightbox building underwent a major renovation in 2006 when most of the units were refurbished and the internal layout was reconsidered to include an internal atrium and new glazed entrance.

2.5 The building backs onto the rear of properties within Thorney Hedge Road, and the associated Conservation Area.

3.0 HISTORY

3.1 There is extensive planning history relating to this site, the most recent planning history is detailed below;

00890/F/P12 Removal of roof and creation of additional second storey

Refused 24 th October 2001

00890/F/P14 Removal of north light roof and creation of second floor with flat roof for B1/B8 purposes

Refused 12 th December 2002

00890/F/P16 Internal re-modelling and refurbishment, installation of new entrance and atrium with glass roof. Replacement of existing roof panels and north lights and creation of new opening to the front elevations to building to create accessible workspaces for people with disabilities.

Approved 11 th November 2005

00890/F/P17 Renovation and re-organisation of existing units, creating new units on the ground floor to the North and East, ground and first floor to the South. New build roof top extension, of 1-storey to the West and 2- storey to the South of existing building.

Approved at SDC 14 th July 2008

Legal Agreement Completed 31 st July 2008

4.0 DETAILS

4.1 This application is for the extension of time frame for planning permission 00890/F/P17 dated 31 July 2008 for the renovation and reorganisation of existing units, creating new units on the ground floor to the north and east, ground and first floor to the south. New build rooftop extension of 1-storey to the west and 2 storey to the south of existing building.

2993 4.2 The applicant has applied for a three year extension to the current planning permission.

Details of Planning Consent 00890/F/P17

4.3 The roof extension to the west of the building would be single storey and would be located on top of the existing flat roof. It would increase the height of the building by 1.90 metres above the existing saw tooth roof. The proposed single storey extension would increase the height of the building to 11.10 metres, with an additional 1.50 metres in height added by the additional louvered plant screens.

4.4 The extension would have a flat roof and be finished with rendered walls. The windows would also be reinstalled to improve thermal properties and control over ventilation.

4.5 The roof extension to the south of the building would create an additional two storeys and would replace the existing saw tooth roof. It would extend 3.30 metres above the existing high point and have a largely flat roof with a sculpted metal seam roof and wall. The gable end walls of the original saw tooth roof have been retained at either end. It would raise the height of the building to a total height of 13.90 metres, with an additional 0.55 metres added by the lift enclosure.

4.6 The proposal includes a terraced area to the third floor of the building and a glazed walkway to the western elevation. An overhang and ribbon sunshade will provide solar shading to the western elevation of the building. The windows to the new build areas are to be metal profile, double glazed units with horizontal solid solar shading, vertical to the west and horizontal to the south.

4.7 The southern and western elevation of the extension would have a living wall to its elevations and there would be three solar panels located to the north of the building and to the southern roof slope.

3004 The proposal also includes the provision of a lift to the western elevation. This is to provide access to the additional floors.

5.0 CONSULTATIONS

5.1 Over 140 neighbouring properties were notified by letter on 25 th August 2011. A site notice was erected at the site on 16 th August 2011, and an advertisement was placed in the Hounslow Chronicle on 19th August 2011.

5.2 Two responses have been received and can be summarised as follows;

Obje ction Re sponse Loss of sunlight and daylight to rear This proposal subject to this of properties in Thorney Hedge application does not vary from the Road previously approved application Loss of privacy and overlooking to (00890/F/P17). It is therefore not the rear gardens of properties in considered that there would be any Thorney Hedge Road additional loss of sunlight or privacy to the rear of properties in Thorney Hedge Road.

6.0 POLICY

Determining applications for full or outline planning permission

6.1 When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

Determining applications for conservation area consent

6.2 In considering whether to grant planning permission with respect to any buildings or other land in a conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of the conservation area.

Determining applications in respect of listed buildings

6.3 In considering whether to grant planning permission for development which affects a listed building or its setting, the authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

The Development Plan

6.4 The Development Plan for the Borough comprises the Council's Unitary Development Plan (UDP), Employment Development Plan Document, Brentford Area Action Plan and the London Plan.

3015 The emerging Core Strategy

6.5 On 12 July 2011, the Council's Cabinet approved that the Core Strategy "Preferred Strategy" should go out to consultation. As emerging policy, the Local Planning Authority (LPA) considers that the emerging Core Strategy is capable of being a material consideration. Given that the emerging Core Strategy is still in the consultation stages, the LPA considers that very limited weight can be given to it at this stage.

The draft National Planning Policy Framework

6.6 The draft National Planning Policy Framework (NPPF) was published for consultation on 25 July 2011. The NPPF is a consultation document and, therefore, potentially subject to amendment. Nonetheless, as emerging policy, the Local Planning Authority (LPA) considers that the NPPF is capable of being a material consideration. As the Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled and given that the NPPF is still in the consultation stages, the LPA considers that very limited weight can be given to the NPPF at this stage.

6.7 In addition to the draft NPPF Central Government Guidance to be applied is mainly set out in Planning Policy Guidance Notes, Planning Policy Statements and Government Circulars, with particular emphasis for this application on:

PPS 1 Delivering Sustainable Development PPS 4 Planning for Sustainable Economic Growth PPS 5 Planning for the Historic Environment PPS 13 Transport PPS 22 Renewable Energy PPS 25 Development and Flood Risk

6.8 The most relevant policies in the London Plan are considered to be:

Chapter 2: London’s Places Policy 2.7 Outer London: Economy Policy 2.17 Strategic Industrial Locations

Chapter 4: London’s Economy Policy 4.1 Developing London’s Economy Policy 4.4 Managing Industrial Land and Premises

Chapter 5: London’s Response to Climate Change Policy 5.1 Climate change mitigation Policy 5.2 Minimising carbon dioxide emissions Policy 5.3 Sustainable design and construction Policy 5.4 Retrofitting Policy 5.6 Decentralised energy in development proposals Policy 5.7 Renewable energy Policy 5.8 Innovative energy technologies Policy 5.9 Overheating and cooling

3026 Policy 5.10 Urban Greening Policy 5.11 Green roofs and development site environs Policy 5.12 Flood risk management Policy 5.13 Sustainable drainage Policy 5.15 Water use and supplies Policy 5.21 Contaminated land

Chapter 6: London’s Transport Policy 6.1 Strategic approach Policy 6.3 Assessing effects of development on transport capacity Policy 6.9 Cycling Policy 6.10 Walking Policy 6.13 Parking

Chapter 7: London’s Living Places and Spaces 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 7.14 Improving air quality Policy 7.15 Reducing noise and enhancing soundscapes

Chapter 8: Implementation, Monitoring and Review Policy 8.1 Implementation Policy 8.2 Planning obligations

6.9 The UDP was adopted in December 2003 and was amended and saved as of 28 September 2007 by Direction from the Secretary of State. The relevant UDP policies are considered to be:

IMP.1.1 Integrating Patterns of Land Use and the Provision of Transport IMP.1.2 The Reuse and Recycling of Urban Land and Buildings IMP 6.1 Planning Obligations ENV-B 1.1 All New Development ENV-B 2.2 Conservation Areas T.1.2 The Movement Implications of Development T.1.4 Car and Cycle Parking and Servicing Facilities for Developments T.2.1 Pedestrian Access T.4.3 Traffic Implications of New Development Appendix 3 Parking Standards

Employment Development Plan Document

E1 Maintaining Employment Capacity E2 Locations for Employment EP6 Preferred Industrial Locations and Locally Significant Industrial Sites

3037 7.0 PLANNING ISSUES

7.1 The main issues in the determination of this application area

• The acceptability in principle of the proposal • Planning Policy Changes • Relevant Policies

The acceptability in principle of the proposal

7.2 Planning Permission 00890/F/P17 was approved subject to legal agreement on 14 th July 2008. The legal agreement was completed on 31 st July 2008. This application seeks to renew this planning permission which expired on 31 st July 2011, for a further three years. The original application was assessed against relevant National Planning Policy Statements and policies within the London Plan (adopted February 2008), Unitary Development Plan (UDP) (adopted in 2003) and Supplementary Planning Guidance. The proposal is unchanged from the previously approved development. Saved policies of the UDP remain applicable, therefore it is not necessary to assess the current application against these policies.

7.3 A process that allowed an extension of time for the implementation of a planning permission was brought into force on 1 st October 2009 via the Town and Country Planning (General Development Procedure) (Amendment No.3) (England) Order 2009 (SI 2009 No.2261). This measure has been introduced in order to make it easier for developers and LPAs to keep planning permissions alive for longer during the economic downturn so that they can more quickly be implemented when economic conditions improve.

7.4 In current circumstances, government guidance is that local authorities should take a positive and constructive approach towards applications which improve the prospect of sustainable development being taken forward quickly. The development proposed is an application for extension which by definition has been judged to be acceptable in principle at an earlier date. While these applications should, of course, be determined in accordance with s.38(6) of the Planning and Compulsory Purchase Act 2004, LPAs should, in making their decisions, focus on development plan policies and other material considerations (including national policies on matters such as climate change) which may have changed significantly since the original grant of permission.

7.5 None of the conditions on the original permission have been approved. Therefore if the current application were to be approved, it would be necessary to attach the relevant conditions from the original consent.

7.6 Since granting of planning permission reference 00890/F/P17 on 14 th July 2008, a revised London Plan (July 2011) and the London Borough of Hounslow Employment Development Plan (25 th November 2008) have now been adopted. The application must therefore be assessed against this adopted policy.

3048

Planning Policy Changes

Revised London Plan (Adopted July 2011)

7.7 The London Plan is the overall strategic plan for London, setting out an integrated economic, environmental, transport, and social framework for the development of London over the next 20-25 years. The first London Plan was published in 2004, and an updated version was published in February 2008. London elected a new mayor in May 2008, and subsequently a full review of the London Plan was announced. The revised London Plan was adopted in July 2011.

7.8 Chapters Two and Four of the revised London Plan seek to address constraints and opportunities in the economic growth of outer London and managing (and improving) the stock of industrial capacity to meet both the strategic and local needs of small and medium sized enterprises, start ups and businesses requiring more affordable workspace. The proposal is for an additional 1,873m 2 of general B1 space, within a Locally Significant Industrial Estate and would redevelop and extend older premises to better meet the needs of current and future occupiers. The proposal would therefore comply with the requirements of Chapters Two and Four of the revised London Plan.

7.9 Chapter Five of the revised London Plan sets out a comprehensive range of policies to under pin London’s response to Climate Change including climate change mitigation and adaptation, waste, aggregates, contaminated land and hazardous substances. Policy 5.2 requires proposals to make the fullest contribution to minimizing carbon dioxide emissions through being lean (use less energy), clean (supply energy efficiently) and green (renewable energy).

7.10 The proposed includes several design features which would enhance the sustainable credentials of the existing building and proposed extension. These include the introduction of a ribbon sunshade and vertical solar shades to enhance solar gain and regulate the thermal properties of the building and the installation of solar panels to allow for the generation of electricity to the building. Further details would be required by way of condition.

7.11 Chapter Six of the revised London Plan seeks to encourage the integration of transport and development through supporting development that generates high levels of trips at locations with high public transport accessibility and supporting measures that encourage shifts to more sustainable modes of transport.

7.12 The application would meet the requirements of UDP policy T.1.2 in terms of the proposed car parking provision to the building. The site is located within an area of Public Transport Accessibility Level 3, which is considered average, although there are a number of rail and bus routes just beyond the adopted 12-minute walking distance. The applicant has submitted a Travel

3059 Plan for the development and a financial contribution of £40,000 towards public realm and street scene improvements to encourage pedestrian movements. Overall the proposed development would comply with requirements of Chapter Six of the revised London Plan.

Employment Development Plan Document (adopted 25 th November 2008)

7.13 The purpose of the Employment Development Plan Document (DPD) is to plan the future use of land for employment including industrial and commercial uses in the London Borough of Hounslow. This is achieved through directing new employment development to appropriate locations and the management, protection and release of industrial and commercial land and buildings.

7.14 The Employment DPD lists Power Road Industrial Estate as a Locally Significant Industrial Site. Policies E1, E2 and EP6 requires that Locally Significant Industrial Sites are promoted, managed and protected for industrial uses, warehousing and related uses. The proposal would provide additional floorspace for general industrial use (B1a, B1b and B1c) and therefore the proposal would comply with the principles of the Employment Development Plan Document.

8.0 EQUALITIES DUTIES IMPLICATIONS

8.1 The Council has to give due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section Following a relevance test, which is available at: http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/en vironment_eias.htm it is considered that there will be no specific implications with regard to the council’s duty in respect of equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.

Relevant Section of Relevance Major- Offices/R+D, Light Industry Test comprising 1,000m2-9,9999m2+, where site area between 1ha-2ha

9.0 RECOMMENDATION

9.1 That the extension of time frame for planning permission 00890/F/P17 dated 31 July 2008 be granted for a period of three years subject to the following conditions and securing the planning obligations agreed under planning permission 00890/F/P17 by the prior completion of a satisfactory legal agreement or unilateral undertaking made under Section 106 of the Town and Country Planning Act 1990 and or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Assistant Director Corporate Governance.

9.2 The satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 27 th January 2012 or

30610 such extended period as may be agreed in writing by appropriate officers within the Department of Environment or within Legal Services.

9.3 If the legal agreement or unilateral undertaking is not completed by the date specified above (or any agreed extended period), then the Director of Environment or Assistant Director – Environment Department (Regulatory & Development Services) or Development Control Support Manager is hereby authorised to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010, development plan policies and the Planning Obligations SPD, as described in Section 8.0 of this Report.

9.4 If planning permission is refused (for the reasons set out above), the Director of Environment or Assistant Director – Environment Department (Regulatory & Development Services) or Development Control Support Manager (in consultation with the Chair of Sustainable Development Committee) is hereby authorised to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it (a) duplicates the planning application, and (b) that there has not been any material change in circumstances in the relevant planning considerations, and (c) that a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time.

9.5 Reason

Subject to appropriate safeguarding conditions, it is considered that this application for the extension of time frame for planning permission 00890/F/P17 dated 31 July 2008 for the renovation and reorganisation of existing units, creating new units on the ground floor to the north and east, ground and first floor to the south. New build rooftop extension of 1-storey to the west and 2 storey to the south of existing building would not harm the appearance of the existing building, the existing street scene, the neighbours living conditions or the appearance of the adjoining Conservation Area. On balance, the development is in accordance with Policies ENV-B.1.1 (New development), ENV-B.2.2 (Conservation Areas), E.1.5 (Development involving the loss of or changes in employment uses), Policy T.1.2 (The Movement Implications of Development), and T.1.4 (Car and cycle parking and servicing facilities for developments) of The London Borough of Hounslow Unitary Development Plan (2003), Employment Development Plan Document and policies of the revised London Plan (adopted July 2011).

10.0 CONDITIONS

1. Time Limits

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

30711

To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990.

2. In accordance with the approved plans

The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the above numbered plans and approved by the Local Planning Authority (before the building is occupied). Any applications for variation shall be accompanied, inter alia, by overlay drawings provided by the applicant for comparison with the permitted scheme.

To ensure the development is carried out in accordance with the planning permission .

3. Samples to be submitted

No development shall take place until samples of the materials and a sample board of the materials to be used in the construction of the external surfaces of the buildings and balconies hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

In order that the Council may be satisfied as to the details of the development in the interests of the visual amenity of the area and to satisfy the requirements of policy ENV B1.1 (New development), and (H6.4 Extensions and alterations).

4. Construction Times

No demolition or construction work shall take place on the site except between the hours of 08.00 to 18.00 on Mondays to Friday and 08.30 to 13.00 on Saturdays and none shall take place on Sundays and public holidays without the prior agreement of the Local Planning Authority.

In order to safeguard the amenities of adjoining residential properties.

5. Construction

During construction works an appropriate wheel-washing system shall be provided to remove mud, stones and any other extraneous materials from the wheels and chassis’ of construction vehicles exiting the site and all loads of construction materials, excavation spoil or other such matter shall be fully covered in order to ensure that no material leaves the site attached to the vehicle which might subsequently be deposited on the highway. The exit from the wheel washing system shall be constructed from a hard, non- porous surfacing material and sited as far away from the exit to the highway as is possible given the constraints of the site and the surface shall be kept clean at all times. Waste water discharged from the wheel washing system shall be stored and disposed of on site and shall not be discharged into the

30812 public sewerage system without prior removal of soil, stones and any other suspended material. Suitable measures to minimise dust nuisance caused by the operations and to ensure that no dust or other debris is carried on to the adjoining properties shall also be provided in accordance with the guidance at www.london.gov.uk/mayor/environment/air_quality/docs/construction-dust- bpg.pdf and site lighting shall be designed, positioned and directed so as not to unnecessarily intrude on passing drivers on public highways and so as not to direct light into any windows of properties outside the site. Details the amount and type of waste that will be produced and how it will be reused, recycled or disposed of during the construction process shall also be submitted.

6. Sustainable Construction

No development shall take place until details have been submitted to and approved by the Local Planning Authority, for a sustainable construction scheme, to comply with the "essential" standards for materials in the Mayor's Sustainable Design and Construction SPG. These being- 50% timber and timber products from Forest Stewardship Council (FSC) source and balance from a known temperate source.- Insulation materials containing substances known to contribute to stratospheric ozone depletion or with the potential to contribute to global warming must not be used.- Minimize use of new aggregates- Reduce waste during construction and demolition phases and sort waste stream on site where practical -Specify use of reused or recycled construction materials -minimising solar gain in summer - minimising water use -protecting and enhancing green infrastructure- outdoor lighting should be energy efficient and minimise light lost to sky.- All boilers installed must be low NOx boilers, conforming to at least NOX class 5.

(Reason. In the interest of sustainability and comply with essential standards in the London Plan and with London Plan Policy 5.3)

7. On-site renewable energy

No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority, for a scheme meeting the requirements of Policy 5.2 of the Consolidated Draft London Plan (2010) which asks for a 25% reduction in regulation CO 2 emissions below the Part L 2010 TER - through energy efficiency or/and renewables).The details shall be carried out as approved.

Reason: To minimise the impact of the development and to contribute to meeting the renewable energy targets in the Mayor's London Plan 5.2 (Minimising carbon dioxide emissions.

8. Sustainable Urban Drainage Scheme

Unless otherwise agreed in writing by the Local Planning Authority, no development shall take place until details of a Sustainable Drainage

30913 Scheme, including measures for living roofs and/or walls, harvesting of rainwater, the minimisation of water run-off from the site, aiming for greenfield levels, and the conservation and reuse as appropriate of other water supplies in the building have been submitted to and approved by the Local Planning Authority. These details shall be carried out as approved.

(Reason. in the interests of sustainability, the management of surface water run off and Policies 5.13 Sustainable Drainage and 5.11 Green Roofs and development site environs) of the London Plan.)

9. Refuse storage and recycling

The development hereby permitted shall not be occupied until details for the storage in a suitable enclosure and subsequent disposal of waste and for the separation and storage in a suitable enclosure and the subsequent disposal for processing of recyclable materials generated by the development have been submitted to and approved in writing by the local planning authority. The details so approved shall be put into effect before the development is first occupied and shall be permanently retained thereafter. The waste and recyclable materials shall only be stored within the areas so approved and not outside the site.

To ensure that waste from the development is properly dealt with in the interests of neighbours' living conditions, the appearance of the area, and sustainability.

10. Hard and Soft Landscaping

No development shall take place until full details of both hard and soft landscape works including the living wall, boundary treatments, have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; other vehicle and pedestrian access and circulation areas; hard surfacing material; minor artefacts and structures.

Soft landscape works shall include planting plans; written specifications including cultivation and other operations associated with plant and grass establishment; schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme and a 5 year maintenance programme.

All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the local planning authority.

To ensure a satisfactory appearance of the site and improve the visual amenities of the locality in accordance with policy ENV.B.1.1 New development.

31014 11. Parking

Before first occupation of the buildings the loading, unloading and turning space, and marking out and allocation of those parking spaces (including spaces for people with disabilities), and details of cycle parking/stands in accordance with the scheme shall be submitted and approved in writing and such spaces shall be permanently available and not be used for any other purpose. The development shall be carried out in accordance with the approved details.

In order to prevent obstruction and inconvenience to users of the adjacent highway and the premises, and in the interests of road safety available in accordance with policy ENV.B.1.1 New development and policy T1.4 Car and Cycle Parking and servicing facilities for developments and T4.4 Road Safety.

12. Noise

The noise generated from roof-top plant and equipment, should be inaudible when assessed from the nearest noise sensitive receptor and the level of noise emitted from roof-top plant and equipment, shall not be less than 10dB(A) below the existing background noise levels (LAeq), when measured from the nearest noise sensitive receptor, over any 24 hour period'

To protect the occupiers of the development from noise in accordance with policy ENV.B.1.1 New development.

Informatives a. The building contractors should take note of, and act upon advice given in the BS5228 Code of Practice "Control of Noise on Construction Sites". Before commencement of the works the building contractors should, giving as much notice as possible, notify the occupants of properties surrounding the site of the nature and duration of works and the permitted hours of work. The building contractors should also provide such occupants with the name and telephone number of a responsible person who can be contacted for advice or in the event of a need to complain. b. S106 planning benefits: The application is subject to a Section 106 Legal Agreement.

31115 312 313 SUSTAINABLE DEVELOPMENT COMMITTEE 14 th July 2008 Sam Collins Email: [email protected]

References: P/2008/1518 00890/F/P17

Address: 111 Power Road, Chiswick

Ward: Turnham Green

Proposal: Renovation and re-organisation of existing units, creating new units on the ground floor to the North and East, ground and first floor to the South. New build roof top extension, of one storey to the West and 2- storey to the south of existing building.

Drawing numbers: Existing plans

514 L 000-P0, 514 L 001-P0, 514 L 002-P0, 514 L 010-P0, 514 L 011-P0, 514 L 012-P0, 514 L 015-P0, 514 L 020-P0, received 1 st May 2008

Proposed plans

514 L 101-P1, 514 L 102-P1, 514 L 201-P1, received 29 th May 2008

514 L 103-P2, 514 L 150-P0, received 25 th June 2008

514 L 104-P3, 514 L 105-P2, 514 L 201-P2, 514 L 302-P3, received 9 th July 2008

Supporting documents

Design and Access Statement, Framework Travel Plan, received 1 st May 2008

Meet the Neighbours 1, received 2 nd June 2008

Design Response, received 25 th June 2008

Applicat ion received: 1st May 2008

1.0 SUMMARY

1.1 The site is located on a prominent corner location within Power Road Industrial Estate and is occupied by a newly refurbished industrial building, which provides 7,580m 2 of flexible space, which is used for office, research and development and light industrial use. A previous application in 2005 3141 was approved for internal remodelling and the installation of a new glazed entrance and internal atrium to the building. 1.2 The proposal is for an additional 1,873.8m 2 of general B1 space to a Locally Significant Industrial Estate, which would redevelop and extend older premises to better meet the needs of the current and future users. The development would consist of a single storey roof top extension to the west and a further two storey roof top extension to the south and is considered to sustain and enhance the employment capacity of the Industrial Estate, enable sustainable modes of travel and not impact upon the surrounding amenity.

1.3 Furthermore, following amendments, the proposal is considered to preserve the character of the original building, the existing street scene, setting of the adjoining conservation area and the amenity of neighbouring residents. The proposal would comply with relevant London Plan and UDP policy and it is recommended that on completion of the necessary legal agreement, the Director of Environment be authorised to grant planning permission subject to conditions.

2.0 SITE DESCRIPTION

2.1 Power Road Industrial Estate is an established Industrial Estate covering approximately 72,000m 2. It is located to the west of Chiswick and is accessed from both Chiswick High Road to the south and Gunnersbury Avenue to the west. The Employment Development Plan Document highlights the Power Road Industrial Estate as a Locally Significant Industrial Estate.

2.2 The application site is located on a prominent corner location to the north east of Power Road, and lies within the Power Road Industrial Estate. The site currently contains a two-storey office and light industrial building with a flat roof to the front and a saw tooth roof with north lights roof to the rear. The building dates back to the 1930’s and is constructed in a mixture of load bearing masonry and framed construction. The site is visible from Chiswick High Road. The building is shown below;

3152

2.3 The Lightbox is currently a business centre providing 7,580m 2 of general B1 space and houses several small to medium sized businesses. It is operated by Workspace Group plc who own over 100 sites with London; the company ethos is to provide flexible, managed workspace to businesses. In this location, most units are B1 (b) Research and Development and B1(c) Light Industrial. The company also has two other Chiswick Sites, Chiswick Studios, which is adjacent to the application site, and the Barley Mow Centre, which is occupied predominantly by B1 (a) office use.

2.4 The Lightbox building underwent a major renovation in 2006 when most of the units were refurbished and the internal layout was reconsidered to include an internal atrium and new glazed entrance.

2.5 The building backs onto the rear of properties within Thorney Hedge Road, and the associated Conservation Area.

3163 3.0 HISTORY

3.1 There is extensive planning history relating to this site, the relevant planning history is cited below;

00890/F/P12 Removal of roof and creation of additional second storey Refused 24 th October 2001 00890/F/P14 Removal of north light roof and creation of second floor with flat roof for B1/B8 purposes Refused 12 th December 2002 Reasons: The proposed development, by reason of its size, position, and appearance, would be unduly obtrusive and detract from the visual amenities of neighbouring residential properties and would not preserve or enhance the setting of Thorney Hedge Conservation Area. This would be contrary to policies ENV 1.1, ENV 1.2 and ENV 2.1 of the Council's Unitary Development Plan. 00890/F/P16 Internal re-modelling and refurbishment, installation of new entrance and atrium with glass roof. Replacement of existing roof panels and north lights and creation of new opening to the front elevations to building to create accessible workspaces for people with disabilities. Approved 11 th November 2005 4.0 DETAILS

4.1 The proposal is for the provision of an additional 1873.8m 2 of general B1 use including office, research and development and light industry. This additional space will be created through the erection of a single storey roof extension to the west of the building and a two-storey roof extension to the south.

4.2 The roof extension to the west of the building would be single storey and would be located in top of the existing flat roof. It would increase the height of the building by 1.90 metres above the existing saw tooth roof. The proposed single storey extension would increase the height of the building to 11.10 metres, with an additional 1.50 metres in height added by the additional louvered plant screens.

4.3 The extension would have a flat roof and be finished with rendered walls. The windows would also be reinstalled to improve thermal properties and control over ventilation.

4.4 The roof extension to the south of the building would be to create an additional two storeys and would replace the existing saw tooth roof. It would extend 3.30 metres above the existing high point and have a largely flat roof with sculpted metal seam roof and wall. The gable end wall of the original saw tooth roof have been retained at either end. It would raise the

3174 height of the building at the point to a total height of 13.90 metres, with an additional 0.55 metres added by the lift enclosure.

4.5 The proposal includes a terraced area to the third floor of the building and a glazed walkway to the western elevation. An overhang and ribbon sunshade will provide solar shading to the western elevation of the building. The windows to the new build areas are to be metal profile, double glazed units with horizontal solid solar shading, vertical to the west and horizontal to the south.

4.6 The southern and western elevation of the extension would have a living wall to its elevations and there would be three solar panels located to the north of the building and to the southern roof slope.

4.7 The proposal also includes the provision of a lift to the western elevation. This is to provide access to the additional floors.

5.0 CONSULTATIONS

5.1 Over 130 neighbouring residents were notified on 13 th May 2008. A site notice was placed outside the property, and an advertisement was placed in the Hounslow Chronicle on 22 nd May 2008.

5.2 A total of 7 letters of objection have been received.

Comments Response Loss of outlook to the rear of The current location of the properties in Thorney Hedge Road building, set back from the rear of properties in Thorney Hedge Road will largely mitigate the visual impact Loss of sunlight and daylight to rear The location of the building and of properties in Thorney Hedge its position as due west would Road mean there would be a negligible loss of light to the properties Loss of privacy and overlooking to The two storey extension to the the rear gardens of properties in south of the building proposes Thorney Hedge Road only three small obscured windows to the eastern elevation Impact on the character of the The building is only visible from adjoining Conservation Area the rear of the rear of the properties in Thorney Hedge Road, further it is considered that the scale and design would not adversely impact upon the setting of the THCA Increased noise and disturbance to The proposal would not residential properties on Thorney increase vehicular activity at the Hedge Road site and the use of the premises 3185 would be restricted to general B1 use. Impact of the proposed roof line on The proposed design and roof the appearance of the property line would retain the appearance and character of the existing property

6.0 POLICY

6.1 Determining applications for full or outline planning permission

When determining applications for planning permission, the authority is required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

6.2 The Development Plan

The Development Plan for the Borough comprises the Council's Unitary Development Plan (UDP) and the London Plan. The UDP was adopted in December 2003 and was amended and saved as of 28 September 2007 by direction from the Secretary of State. The 'London Plan (Consolidated with Alterations since 2004)' was adopted in February 2008.

6.3 Material considerations and emerging policies

As part of its prospective Local Development Framework, the authority has prepared two draft development plan documents (‘DPDs’): the Employment Development Plan Document and Brentford Area Action Plan, which are subject to Examination Hearings in March and April 2008 respectively. The authority has also prepared two draft supplementary planning documents (‘SPDs’) in relation to ‘Planning Obligations’ and ‘Air Quality’. As emerging policy, the two DPDs and two SPDs are material considerations in determining applications for planning permission.

6.4 London Plan

Policy 2A.1 Sustainability Criteria Policy 3B.1 Developing London’s Economy Policy 3B.2 Office Demand and Supply Policy 3B.4 Industrial Locations Policy 4B.3 Maximising the potential of sites Policy 4A.3 Sustainable Design and Construction Policy 4B.1 Design Principles for a compact city Policy 4B.2 Promoting World Class Architecture and Design Policy 4B.4 London’s Buildings: retrofitting Policy 4B.5 Creating an Inclusive Environment Policy 4B.8 Respect Local Context and Communities

3196 6.5 Unitary Development Plan

IMP.1.1 Integrating Patterns of Land Use and the Provision of Transport IMP.1.2 The Reuse and Recycling of Urban Land and Buildings IMP 4.1 Primary Locations for Economic Development IMP 6.1 Planning Obligations ENV-B 1.1 All New Development ENV-B 2.2 Conservation Areas E 1.1 Location of New Economic Development E.2.3 Improvement of Employment Sites E.2.4 Improvement of Employment Premises E.3.1 Disabled Access T.1.2 The Movement Implications of Development T.1.4 Car and Cycle Parking and Servicing Facilities for Developments T.2.1 Pedestrian Access T.4.3 Traffic Implications of New Development Appendix 3 Parking Standards

6.6 Supplementary Planning Guidance

Employment Development Plan Document – July 2007

E1 Maintaining Employment Capacity E2 Locations for Employment E4 Diversity in Employment EP5 Location of New Industrial and related uses

EP6 Locally Significant Industrial Sites

EP9 Small and Medium Sized Enterprise

Planning Obligations – March 2008

7.0 PLANNING ISSUES

7.1 The main issues in the determination of this application area • The acceptability in principle of the proposal • Impact upon the appearance of the building and existing street scene • The impact upon the setting of the adjoining Thorney Hedge Conservation Area • Impact on adjoining residents • Traffic, parking and access • Are sustainable building principles applied? • Is the balance of community benefits appropriate to mitigate the impact of the development?

The acceptability in principle of the proposal

3207 7.2 The Lightbox currently provides 7,580m 2 of general B1 use space. The proposal is for the creation of an additional 1,873.8m 2 B1 use including general office, Research and Development and Light Industry use to the existing industrial premises, set within an existing Industrial Estate. This would increase the overall floorspace of the building by approximately 24%. The development would seek to provide flexible B1 space to smaller businesses on flexible short-term contracts. The proposal would include the continued refurbishment and enlargement of existing premises.

7.3 Policy ENV-B.1.1 of the Unitary Development Plan states that new development should be compatible with, and seek to enhance the character of the area in terms of size, scale, materials and design. UDP Policy E.1.1 states that when considering new employment proposals the Council will encourage patterns of land use which contribute to urban regeneration and the re-use of previously developed land and a diverse range of employment opportunities, both in type and size, which are accessible and sustainable within the Borough.

7.4 Policy E.2.3 promotes, where practicable, the refurbishment of older industrial/warehousing and office premises to meet the current operational requirements of such uses, including the conversion of older premises into smaller units and the redevelopment of existing premises which are unsuitable for the operational requirements of current industrial/warehouse users.

7.5 The Employment Development Plan Document states that the Council will sustain and enhance employment capacity through the protection of locally significant industrial sites across the borough promote employment uses that do not impact on the surrounding amenity and are accessed by sustainable modes of transport. The Council will work with partners to enhance local employment opportunities for residents through opportunities for enhancing the knowledge and skills of residents and retaining business in the borough, which will enable more sustainable patterns of travel to work.

7.6 The Employment DPD also states that proposals for new industrial/ warehousing and related development will be directed to the borough’s ‘Preferred Industrial Locations’ (PIL), ‘Industrial Business Parks’ (IBP) and ‘Locally Significant Industrial Sites. Redevelopment and/or a change of use of land and/or buildings from industrial, warehousing and related uses in a Preferred Industrial Location or Locally Significant Industrial Site will be acceptable if the primary function of the PIL or LSIS for industrial uses is not Undermined, there is no significant net loss of industrial employment capacity and the proposal is in accordance with UDP and other DPD policies.

7.7 The proposal is for additional general B1 use to a Locally Significant Industrial Estate, which would redevelop and extend older premises to better meet the needs of the current and future users. The proposed extensions are considered to sustain and enhance the employment capacity of the Industrial Estate, enable sustainable modes of travel and not impact

3218 upon the surrounding amenity. Therefore the principle of the application is considered acceptable. This is discussed further in the following sections;

Impact upon the appearance of the building and existing street scene

7.8 Policy ENV B.1.1 states that the Council will consider all development proposals with regard to ensuring that proposals make a positive contribution to overall environmental quality. In particular development should relate well to its site and the scale, nature, height, massing, character and use of the adjacent townscape.

7.9 111 Power Road lies with Power Road Industrial Estate and is located on corner of Power Road. The building is visible from Chiswick High Road and is a visible element within Power Road from the south. The existing street scene is characterized by a mix of two and three storey industrial buildings of differing designs, scales materials and use.

7.10 The existing building is a traditional industrial building built in the 1930’s. The roof has a flat roof to the western aspect but a saw cut roof with roof lights to the rear. The newly added triangular glazed entrance is a significant feature of the building frontage.

7.11 The western elevation of the building has a flat roof, which provides a largely flat, horizontal profile to the building. This profile has been retained, although the extension would give an additional storey to the building. Following amendments the extension has been designed to preserve the appearance of the separate bays, which collectively create the overall building design. This has been done through reflecting the current building line in the extension with protruding bays to the north and central areas of the elevation.

7.12 Another key feature of the existing building is the prominent saw tooth roof to the east and south of the building. This will be retained to the rear (east) of the building. The two storey extension to the south of the building would require the removal of the current saw tooth roof, however the gable end of the ‘saw tooths’ will be retained to the eastern elevation. This will ensure that an important feature of the building is retained within the modern extension.

7.13 Furthermore, it is also noted that through the design of the glazed walkway to the western elevation of the third floor, the saw tooth roof would remain visible from Power Road. This will provide a point of interest to the elevation and provide an interesting contrast between the modern extension and the industrial, original roof line.

7.14 The two storey extension to the southern elevation would be located to the most prominent section of the building, and would be visible from both Power Road and Chiswick High Road. The extension would be two storey on top of the existing two storey building and contain a terraced area to the southern and western elevations on the third floor.

3229 7.15 Without question, the extension would add bulk to the existing building and create a prominent frontage onto Power Road. The building has been designed to do just this and the corner of the building is dominated by the overhang of the extension and ribbon sunshade. These are intended to draw attention to the building and emphasize the existing triangular, glazed entrance.

7.16 The existing street scene is characterized by a mix of two and three storey industrial units of differing sizes, designs and materials. The prominent corner location of the building allows for a development of individual character and design, and this proposal is considered to be of a high standard of design and construction, and would enhance the appearance and character of the industrial estate.

7.17 It is also noted that the proposal would include a living wall to the southern and western elevation of the building. The proposed elevations provide a good opportunity for this, and it is considered that the living wall would help to soften the appearance of the building, while providing vegetation to the area; something which is lacking at present.

7.18 The horizontal sun shading to the south and the vertical sun shading to the west also serves to add interest to the building, and accentuate the strong horizontal and vertical lines of the design.

7.19 Therefore overall, it is considered that the design of the building would both preserve and reflect the appearance of the original building, while providing the prominent corner location, with a bold and modern addition. The proposal would result in the enhancement of the current building and the wider area and is considered acceptable.

The impact upon the setting of the adjoining Thorney Hedge Conservation Area

7.20 UDP Policy ENV-B.2.2 states that any development within or affecting the setting of a conservation area must preserve or enhance the character and appearance of the conservation area, in terms of the existing architecture’s scale, design and materials.

7.21 The application site is not located with a Conservation Area, however the rear of the site backs onto Thorney Hedge Conservation Area. The character appraisal notes that the Thorney Hedge development has the qualities of the nearby estates within a more compact area. The tree-lined crescent is set back from the Victorian section of the High Road and is an unexpected retreat from the more recent development on the northern side of Chiswick High Road. The estate has not been augmented to any great degree and the completeness and decorative quality of the Victorian buildings is considered an important quality to preserve.

7.22 It is not considered that the proposed development would impact upon the setting of the conservation area. It is clear from the character appraisal the character of the area is defined by its Victorian frontages, London Plane

32310 tree-lined streets and ‘suburb feel’. The proposed development would not impact upon the Thorney Hedge street scene and the good sized rear gardens to the properties serve to separate the industrial estate from the residential area.

7.23 It is also noted that the proposed works would be predominantly located to the western elevation of the building and not immediately adjacent to the conservation area. The existing eastern elevation is characterized by the saw tooth roof, which would be largely retained. Where the two-storey extension necessitates the removal of the existing roof, the gable ends of the saw tooth will be preserved within the façade.

7.24 Furthermore, the roof of the two-storey extension has been designed with a standing seam metal roof and wall. This would add interest to the elevation and break up the horizontal roofline, whilst reflecting the character and detailing of the saw tooth roof. Therefore it is considered that the proposal would preserve the character of the Thorney Hedge conservation area.

Impact on adjoining residents

7.25 Policy Env-B1.1 states that in assessing a new development the Council must ensure that adequate daylight and sunlight reaches adjoining properties and minimize any detrimental impact on adjoining properties.

7.26 The site is located within Power Road Industrial Estate, however the rear of the building backs onto the rear garden area of properties in Thorney Hedge Road. The building lies to the west of the properties in Thorney Hedge Road and lies 3.75 metres from the rear of the gardens and 14.75 metres from the rear wall of properties in at its nearest point.

7.27 It is noted that the location of the two-storey roof extension would be positioned 9.0 metres from the rear garden and 28.0 metres from the rear wall of 45 Thorney Hedge Road at its nearest point. The two-storey extension would see an increase in height by 3.30 metres above the existing high point. The total height of the building would measure 13.90 metres, with an additional 0.55 metres added by the lift enclosure. A mansard roof has been included to the eastern elevation.

7.28 It is considered that the position of the proposed two-storey extension would be in an acceptable position, located to the south west corner of the building and set back from the residential properties to the rear. Although the extension would increase the height of the building to 13.90 metres it is considered that due to the significant set back and the position of the building to the west of the properties, there would not be an undue loss of sunlight or daylight to the surrounding residential buildings.

7.29 The proposed single storey roof extension would be located to the west of the building and would extend the current flat roof by 1.90 metres above the existing saw tooth roof. The total height of the building would extend to 11.10 metres, with an additional 1.50 metres in height added by the additional louvered plant screens.

32411

7.30 Although the building at this point is much closer to the residential properties, only 4.0 metres from the rear boundary at it nearest point, the actual single storey extension would be sited no closer to the rear walls of the properties than the two-storey extension. The height of the building would increase to 11.10 metres with additional plant screens above, however the position of the extension to the far side of the building means that the extension would be barely visible. As a result, it is not considered that the extension would result in a loss of sunlight, daylight or outlook to the adjoining residential properties.

Traffic, parking and access

7.31 Before granting permission the Council must be satisfied that proposals for new development will be readily accessible by sustainable modes of transport. UDP Policy T.1.2 highlights that proposals should ensure that development promotes access by walking, cycling, and public transport with the aim of maximising the proportion of trips by these modes.

7.32 The applicant has submitted a Framework Travel Plan for the development, which states that the site is at present, well served by public transport and by private car. The site benefits from a dedicated cycle route which follows the A4, has 4 different bus routes within a 15 minute walk and lies 500m to the north of Gunnersbury Station. The Public Transport Accessibility Level indicates that the site is situated in a grade 3 area of below average access, although there are a number of rail and bus stations located just beyond the adopted 12-minute duration walking distance.

7.33 All developments must also provide parking and servicing facilities in accordance with Council Standards, as set out in UDP appendix 3. The Council’s parking standards require that the maximum parking standard for General B1 use is 1 space per 200m 2. Therefore for the resulting building, 47 spaces would be required. In instances where units are smaller than 300m 2, this may result in a greater proportion of car parking in order to facilitate the operational requirements of the business.

7.34 The current parking provision at the site is 66 car parking spaces with 1 disabled bay. The applicant has stated that no additional car parking will be provided.

7.35 The Council Car Parking standards are maximum standards, and there is allowance within Council policy for the development of smaller units, which may require additional parking and areas located within a CPZ. The site is located within a CPZ.

7.36 The applicants have proposed a Travel Plan and a contribution to the street scene to encourage access to public transport. Current car parking provision is adequate to accommodate the new development and the effective reduction will encourage travel by more sustainable transport modes. The development will serve to bring the parking provision closer to the standards set in Council policy guidance and is therefore acceptable.

32512

Are sustainable building principles applied?

7.37 Planning Policy Statement 1: Delivering Sustainable Development (PPS1) sets out the Government's overarching planning policies on the delivery of sustainable development through the planning system.

7.38 Sustainability underpins many of the UDP policies and The London Plan. These require developments not only to be sustainable in transport terms; but also to include appropriate recycling facilities and to minimise waste; to include energy efficiency measures and promote the use of renewable energy; and not to significantly increase the requirement for water supply or surface water drainage.

7.39 UDP Policies ENV-B.1.1 (New Development), ENV-P.1.3 (Surface Water Run Off), ENV-P.2.1 (Waste Management), ENV-P.2.4 (Recycling Facilities in New Developments), and London Plan policies 4A.7, 4A.8 and 4A.9 and the Mayors ‘Sustainable Design and Construction require that all developments should include recycling facilities and minimise waste, include energy efficiency measures, be sustainable in transport terms, promote the use of renewable energy and not significantly increase the requirement for water supply or surface water drainage.

7.40 Furthermore, the London Plan SPG on construction says that the annual total surface water run-off should not be increased by the development. PPS25 says LPAs should in determining planning applications give priority to the use of Sustainable Urban Drainage Systems. Essential Standards for this are the use of Sustainable Drainage Systems (SDS) measures, wherever practical and to achieve a 50% attenuation of the undeveloped site's surface water run off at peak times.

7.41 The proposal includes several design features, which would enhance the sustainability of the existing building and proposed extension. These include the ribbon sunshade and horizontal and vertical solar shades, which would look, to enhance solar gain control and regulate the thermal properties of the building. In addition it is also proposed to install three solar panels to the southern and northern ends of the buildings, these would allow for the generation of electricity to the building.

7.42 The proposal also includes the provision of a green ‘living wall’ to the southern and western elevations of the two-storey extension. The Living Wall will mature and develop to give all year round colour and interest and provide a vegetated habitat and green space without encroaching on or destroying valuable land.

Is the balance of community benefits appropriate to mitigate the impact of the development?

7.43 UDP policy IMP6.1 states that, in appropriate situations, the Council will seek to ensure that a developer enters into a planning obligation to secure planning benefits related to the development. Planning decisions impact on

32613 the local area and it is important when assessing a planning application to examine the overall consequences of a proposal on the locality and what the benefits and impacts of a development will be. Where these consequences and impacts can be mitigated by off-site measures, planning obligations may be appropriate.

7.44 Circular 05/2005 considers whether what is requested is reasonable in scale and kind to what is being proposed. This depends on whether what is being required: A) Is needed to enable the development go ahead; or B) In the case of a financial payment, will the contribution meet the cost of providing the sought facility; or C) Is otherwise so directly related to the permitted development that it ought not to be permitted without it; or D) Is intended to offset the loss of or impact on any amenity resource present or on site prior to development.

7.45 If approval were to be considered, the main areas listed below would form the basis for negotiation for inclusion into any s106 agreement.

Measures to offset the loss of, or impact on, resources present on site

• £24,000 towards Training and Job Brokering • £7,500 towards Construction Training

Measures directly related to the development to provide an acceptable balance of uses

• £40,000 towards public transport and improvements to the pedestrian environment and pedestrian safety, to include street lighting improvements.

8.0 EQUAL OPPORTUNITIES IMPLICATIONS

8.1 With regards to access and facilities for people with disabilities, UDP and London Plan polices seek to ensure that development proposals and refurbishments are designed so as to be fully accessible to people with disabilities or impaired mobility.

8.2 Part M of the Building Regulations ensures that all new buildings allow access for people with disabilities. This scheme provides satisfactory access, parking and facilities for disabled people, and is subject to safeguarding conditions.

9.0 RECOMMENDATION

32714 9.1 That the Director of Environment be authorised to grant planning permission subject to the following conditions and securing the planning obligations in para 7.45 above by the prior completion of a Section 106 deed, the exact terms of which shall be negotiated in accordance with the above by the Director of Environment on the advice of the Director of Legal Services.

9.2 The legal agreement outlined above shall be completed and planning permission issued by 30 th July. If the legal agreement is not completed then the Director of Planning be authorised to refuse planning permission for the reasons that the proposal should include enhancements to the public domain, and amenity.

9.3 In the event that the planning application is refused (for non-completion of s106 agreement within set timeframe), the Director of Environment (in consultation with the Chair of SDC) is hereby authorised to approve any further application for planning permission, which duplicates the planning application provided that the legal agreement is agreed and completed.

9.4 Reason

It is considered that this application for the renovation and re-organisation of existing units, creating new units on the ground floor to the North and East, ground and first floor to the South. New build roof top extension, of one storey to the West and 2-storey to the south of existing building would not harm the appearance of the existing building, the existing street scene, the neighbours living conditions or the appearance of the adjoining Conservation Area. On balance, the development is in accordance with Policies ENV-B.1.1 (New development), ENV-B.2.2 (Conservation Areas), E.1.5 (Development involving the loss of or changes in employment uses), Policy T.1.2 (The Movement Implications of Development), and T.1.4 (Car and cycle parking and servicing facilities for developments) of The London Borough of Hounslow Unitary Development Plan, (2003), and policies of The London Plan Spatial Development Strategy for Greater London Adopted February 2004.

10.0 CONDITIONS

1. Time Limits

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

To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990.

2. In accordance with the approved plans

The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans submitted herewith and approved by the Local Planning Authority (before the building is occupied). Any applications for variation shall be

32815 accompanied, inter alia, by overlay drawings provided by the applicant for comparison with the permitted scheme.

To ensure the development is carried out in accordance with the planning permission .

3. Samples to be submitted

No development shall take place until samples of the materials and a sample board of the materials to be used in the construction of the external surfaces of the buildings and balconies hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

In order that the Council may be satisfied as to the details of the development in the interests of the visual amenity of the area and to satisfy the requirements of policy ENV B1.1 (New development), and (H6.4 Extensions and alterations).

4. Construction Times

No demolition or construction work shall take place on the site except between the hours of 08.00 to 18.00 on Mondays to Friday and 08.30 to 13.00 on Saturdays and none shall take place on Sundays and public holidays without the prior agreement of the Local Planning Authority.

In order to safeguard the amenities of adjoining residential properties.

5. Construction

During construction works an appropriate wheel-washing system shall be provided to remove mud, stones and any other extraneous materials from the wheels and chassis’ of construction vehicles exiting the site and all loads of construction materials, excavation spoil or other such matter shall be fully covered in order to ensure that no material leaves the site attached to the vehicle which might subsequently be deposited on the highway. The exit from the wheel washing system shall be constructed from a hard, non- porous surfacing material and sited as far away from the exit to the highway as is possible given the constraints of the site and the surface shall be kept clean at all times. Waste water discharged from the wheel washing system shall be stored and disposed of on site and shall not be discharged into the public sewerage system without prior removal of soil, stones and any other suspended material. Suitable measures to minimise dust nuisance caused by the operations and to ensure that no dust or other debris is carried on to the adjoining properties shall also be provided in accordance with the guidance at www.london.gov.uk/mayor/environment/air_quality/docs/construction-dust- bpg.pdf and site lighting shall be designed, positioned and directed so as not to unnecessarily intrude on passing drivers on public highways and so as not to direct light into any windows of properties outside the site. Details the amount and type of waste that will be produced and how it will be

32916 reused, recycled or disposed of during the construction process shall also be submitted.

6. Community Environment Team Notification

Start of works on site shall be notified to the Council’s Community Environment Team on 020 8583 5070

In order to safeguard the amenities of adjoining residential properties, the amenities of the locality, and highway safety, and to enable the Council to monitor works on site to ensure that it is carried out in a safe and neighbourly fashion for the above reasons in accordance with Polices ENV- B.1.1 (New Development), ENV-P.1.5 Noise Pollution, ENV-P.1.6 Air Pollution, and ENV-P.1.7 (Light Pollution).

7. Refuse storage and recycling

The development hereby permitted shall not be occupied until details for the storage in a suitable enclosure and subsequent disposal of waste and for the separation and storage in a suitable enclosure and the subsequent disposal for processing of recyclable materials generated by the development have been submitted to and approved in writing by the local planning authority. The details so approved shall be put into effect before the development is first occupied and shall be permanently retained thereafter. The waste and recyclable materials shall only be stored within the areas so approved and not outside the site.

To ensure that waste from the development is properly dealt with in the interests of neighbours' living conditions, the appearance of the area, and sustainability.

8. Landscaping details

No development shall take place until full details of both hard and soft landscape works including the living wall have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; other vehicle and pedestrian access and circulation areas; hard surfacing material; minor artefacts and structures.

Soft landscape works shall include planting plans; written specifications including cultivation and other operations associated with plant and grass establishment; schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme and a 5 year maintenance programme.

To ensure a satisfactory appearance of the site and improve the visual amenities of the locality in accordance with policy ENV.B.1.1 New development.

33017 9. Landscaping

All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the local planning authority.

To ensure a satisfactory appearance of the site and improve the visual amenities of the locality in accordance with policy ENV.B.1.1 New development.

10. Boundary Treatment

No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment. The boundary treatment shall be completed before any of the units hereby permitted are first occupied. The development shall be carried out in accordance with the approved details.

To safeguard the visual amenities of the locality and privacy of adjoining properties locality in accordance with policy ENV.B.1.1 (New development).

11. Parking

Before first occupation of the buildings the loading, unloading and turning space, and marking out and allocation of those parking spaces (including spaces for people with disabilities), and details of cycle parking/stands in accordance with the scheme shall be submitted and approved in writing and such spaces shall be permanently available and not be used for any other purpose. The development shall be carried out in accordance with the approved details.

In order to prevent obstruction and inconvenience to users of the adjacent highway and the premises, and in the interests of road safety available in accordance with policy ENV.B.1.1 New development and policy T1.4 Car and Cycle Parking and servicing facilities for developments and T4.4 Road Safety.

12. Disabled Access

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

To provide satisfactory access for people with disabilities in accordance with policy, ENV-B.1.1 New Development and E.1.3 Disabled Access.

13. Sourcing of materials

33118

No development shall take place until a statement on the sourcing of materials to be used in the building, involving reuse, recycling and other sustainable sourcing of materials to be used in the construction and fitting out of the building wherever possible has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

In the interests of sustainability.

14. Renewable Energy

No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority, for a scheme of reducing carbon emissions from the total energy needs (heat, cooling and power) of the development by at least 10%, but aiming for 20% if technically possible, by the on-site generation of renewable energy. The development shall be carried out in accordance with the approved details.

To minimise the impact of the development and to contribute to meeting the renewable energy targets in the Mayor's London Plan

15. Emissions

No development shall take place until details have been submitted and approved in writing by the local planning authority for a scheme of Low NOx boilers, conforming to at least NOX class 3 or better. The development shall be carried out in accordance with the approved details.

To protect air quality and to comply with the essential standards of the London Plan

16. Noise

The noise generated from roof-top plant and equipment, should be inaudible when assessed from the nearest noise sensitive receptor and the level of noise emitted from roof-top plant and equipment, shall not be less than 10dB(A) below the existing background noise levels (LAeq), when measured from the nearest noise sensitive receptor, over any 24 hour period'

To protect the occupiers of the development from noise in accordance with policy ENV.B.1.1 New development.

17. Sustainable Urban Drainage Scheme

No development shall take place until details of a Sustainable Drainage Scheme, including measures for the harvesting of rainwater, the minimisation of water run-off from the building, by at least 50% of that of the undeveloped site, and the conservation and reuse as appropriate of other water supplies in the building have been submitted to and approved in

33219 writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

In the interests of sustainability and the management of surface water run off.

Informatives a. The building contractors should take note of, and act upon advice given in the BS5228 Code of Practice "Control of Noise on Construction Sites". Before commencement of the works the building contractors should, giving as much notice as possible, notify the occupants of properties surrounding the site of the nature and duration of works and the permitted hours of work. The building contractors should also provide such occupants with the name and telephone number of a responsible person who can be contacted for advice or in the event of a need to complain. b. S106 planning benefits: The application is subject to a Section 106 Legal Agreement.

33320 Agenda Item 16

Guidance to the Sustainable Development Committee on National Planning Policy

The following note is intended to supplement individual committee reports and provides guidance to Members on National Planning Policy for consideration in reaching decisions and/or providing comments on planning applications.

Planning Policy Guidance Notes (PPGs), and Planning Policy Statements (PPSs), which are replacing PPGs, set out the Government’s national policies on different aspects of land use planning in England. The following provides an overview of each PPG and PPS. It does not seek to address all issues specific to a proposal, as these are outlined in each individual committee report.

Planning Policy Statement 1: Delivering Sustainable Development (January 2005) sets sustainable development as the core principle underpinning planning and lists the Government’s four aims for achieving sustainable development: • social progress which recognises the needs of everyone; • effective protection of the environment; • the prudent use of natural resources; and, • the maintenance of high and stable levels of economic growth and employment.

Paragraph 13 lists key principles that should be applied to ensure that decisions taken on planning applications contribute to the delivery of sustainable development, including high quality inclusive design.

Planning Policy Statement: Planning and Climate Change – Supplement to Planning Policy Statement 1 (December 2007) sets out how planning should contribute to reducing emissions and stabilising climate change and take into account the unavoidable consequences. Applicants for planning permissions should consider how well their proposal for development contribute to the Government’s ambition of a low-carbon economy and how well adapted they are for the expected effects of climate change.

Planning Policy Guidance 2: Green belts (January 1995, amended March 2001) sets out objectives for the green belt including retaining openness through controls on development. New development is only acceptable if it is for specific purposes, identified in para. 3.4, and PPG2 emphasises that it is for the applicant to show why permission should be granted for inappropriate development.

Planning Policy Statement 3: Housing (June 2010) The overall aim of this statement is to ensure that everyone has the opportunity of living in a decent affordable home in a community where they want to live. It supports the delivery of decent homes through the efficient use of land, good design, and a mix of sizes and tenures. Housing should be in suitable locations with a good range of community facilities and with good access to jobs, key services and infrastructure.

Planning Policy Statement 4: Planning for Sustainable Economic Growth (December 2009) sets out planning policies for economic development including retail, leisure and entertainment, offices, factories, warehouses and other B Use Classes, arts, culture and tourism development. The policies in this statement also apply to other development, excluding housing, which provide employment opportunities, generate wealth or produce or generate economic output or product.

334 Planning Policy Statement 5: Planning for the Historic Environment (March 2010) sets out planning policies on the conservation of the historic environment. Planning has a central role to play in conserving our heritage assets and utilising the historic environment in creating sustainable places.

Planning Policy Statement 7: Sustainable Development in Rural Areas (August 2004) Not applicable

Planning Policy Guidance 8: Telecommunications (August 2001) sets out the Government’s planning guidance on the siting and design of telecommunication systems and installations. PPG 8 offers guidance on environmental and health issues and consultation procedures.

Planning Policy Statement 9: Biodiversity and Geological Conservation (August 2005) sets out planning policies on the protection of biodiversity and geological conservation interests.

Planning Policy Statement 10: Planning for Sustainable Waste Management (July 2005 ) sets out the approach of sustainable management using the 'waste hierarchy' of reduction, reuse, recycle and compost, using waste as a source of energy and disposing of waste only as a last resort. In determining planning applications, locational needs together with wider environmental and economic benefits of sustainable waste management are material considerations. The design and layout of new development should also support sustainable waste management.

Planning Policy Statement 12: Local Spatial Planning (June 2008) explains what local spatial planning is, and how it benefits communities. In additions it sets out the Government's policy on local spatial planning, which plays a central role in the overall task of place shaping and in the delivery of land uses and associated activities. The statement should be taken into account by the local planning authority in preparing development plan documents and other local development documents which will eventually replace the Unitary Development Plan.

Planning Policy Guidance 13: Transport (January 2011) sets out objectives of PPG13 (as set out at Paragraph 4) are to integrate planning and transport at the national, regional, strategic and local level to: 1. promote more sustainable transport choices for both people and for moving freight; 2. promote accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling, and 3. reduce the need to travel, especially by car.

Planning Policy Guidance 14: Development on Unstable Land (1990) explains the effects of unstable land on development. Consideration is given to the responsibilities of the different parties and the need for instability to be taken into account in the planning process is emphasised.

Planning Policy Guidance 17: Planning for Open Space, Sport and Recreation (July 2002) For all open spaces of public value local authorities should: • avoid any erosion of recreational function and maintain or enhance the character of open spaces; • ensure that open spaces do not suffer from increased overlooking, traffic flows or other encroachment;

335 • protect and enhance those parts of the rights of way network that might benefit open space; and • consider the impact of any development on biodiversity and nature conservation.

Planning Policy Guidance 18: Enforcing planning control (December 1991) outlines the general approach to enforcement, including the primary responsibility of local planning authorities in breaches of planning control that would unacceptably affect public amenity or the existing use of land and buildings meriting protection in the public interest.

Planning Policy Guidance 19: Outdoor Advertisement Control (March 1992) sets out guidance on the display of outdoor advertising, for which control can be justified on the grounds of amenity and public safety.

Planning Policy Guidance 20: Coastal Planning (October 1992) Not applicable.

Planning Policy Statement 22: Renewable energy (August 2004) sets out policies for renewable energy and the vital role the development of renewable energy can play in facilitating the government’s objectives for sustainable development and climate change. The statement also identifies key principles that local planning authorities should adhere to in their approach to planning for renewable energy include promoting and encouraging a full range of renewable energy sources, and considering the wider environmental and economic benefits of all renewable energy proposals.

Planning Policy Statement 23: Planning and Pollution Control (November 2004) advises that any consideration of the quality of land, air or water and potential impacts arising from development, leading to impacts on health, is capable of being a material planning consideration, in so far as it arises or may arise from or may affect any land use.

Planning Policy Guidance 24: Planning and Noise (September 1994) outlines the considerations to be taken into account in determining planning applications both for noise sensitive developments and for those activities which will generate noise; introduces the concept of noise exposure categories for residential development, encourages their use and recommends appropriate levels for exposure to different sources of noise. Also advises on the use of conditions to minimise the impact of noise.

Planning Policy Statement 25: Development and Flood Risk (Revised March 2010) aims to ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest flood risk. Where new development is exceptionally necessary in areas of flood risk, the guidance seeks to prevent an increase in flood risk elsewhere, and where possible, reducing flood risk overall.

336