For enquiries on this agenda please contact James Geach 020 8547 5062 e-mail: [email protected]

This agenda is available at: www.kingston.gov.uk/CommitteeMinutes

AGENDA

A meeting of the DEVELOPMENT CONTROL COMMITTEE will be held at the Guildhall, on TUESDAY 26 MARCH 2013 at 7:30 pm

Members of the Committee

Councillor Vicki Harris (Chair)

Councillor David Cunningham Councillor David Ryder-Mills Councillor Ken Smith Councillor Chrissie Hitchcock Councillor Richard Hudson Councillor Malcolm Self Councillor Frank Thompson Councillor Derek Osbourne

EMERGENCY EVACUATION ARRANGEMENTS

On hearing the alarm which is a loud siren please leave the building by the nearest available fire exit and assemble by the triangle at the front of the Guildhall. Anyone requiring assistance to evacuate the building should go to the refuge areas which are situated outside Committee Room 1 and the Mayor’s Parlour where you will be met by a member of the building management team and assisted from the building.

RECORDING OF THE MEETING - This meeting will be recorded and the recording will be available on the web site with the agenda and minutes.

FILMING - residents and journalists/media wishing to film meetings are permitted to do so but are asked to give advance notice of this and respect any concerns expressed by people on being filmed.

A LARGE PRINT COPY OF THE AGENDA can be requested in advance.

2

Speaking on Planning Applications, Enforcement, or Tree Preservation Orders

The arrangements for speaking on applications are based on both sides having equal time to make their points to Councillors. To make sure that the meeting runs in a way which is fair to everyone, these arrangements will be followed without any exceptions being made. The full scheme is at http://www.kingston.gov.uk/information/your_council/council_and_democracy/ council_and_decision_making/getting_your_voice_heard.htm

Everyone wishing to speak on an application, Enforcement Action or Tree Preservation Order must have registered THREE days before the meeting. Objectors must have responded to the consultation on an application

Registration deadline: 10:00am, Friday 22 March 2013 To register please contact James Geach on 020 8547 5062 or e-mail: [email protected].

Time for speaking - FIVE minutes is allowed for each side on each application. This time has to be shared by however many there are on each side. If there are a large number of speakers people must decide amongst themselves on a spokesperson or some other arrangement.

The Chair of the meeting has no discretion to extend the time limit.

Speakers may find it helpful to have made some notes on what they want to say, so that they make the most of the speaking time. The notes attached to the original consultation letter from the Planning Officer will have explained the things that the Committee can't take account of - loss of view, property values etc.

The order of speaking is: 1. Planning applications Enforcement/Tree Preservation Orders 2. Planning Officer to present item 3. Objector(s) (5 minutes) Land/property owner (5 minutes)

4. Applicant (5 minutes) The Council as applicant and/or supporters of the action proposed (5 minutes) 5. Questions from Committee: 6. Objector(s) (5 minutes) Land/property owner (5 minutes) Applicant (5 minutes) The Council as applicant and/or supporters of the action proposed (5 minutes) 7. Sweep up by Planning Officer 8. Questions from Committee to Officers 9. Debate and decision by Committee

PUBLIC PARTICIPATION ARRANGEMENTS FOR OTHER ITEMS

Questions and contributions to the debate will be accepted at the Chair’s discretion as the meeting progresses on: • applications on which other authorities/agencies have requested views other items in Part 1 of the agenda, falling outside the arrangements for speaking on planning applications. 3

AGENDA

APOLOGIES FOR ABSENCE AND ATTENDANCE OF ALTERNATE MEMBERS

DECLARATIONS OF INTERESTS

1. MINUTES

To confirm the minutes of the meeting held on 12 February 2013.

2. PLANNING APPLICATIONS Appendix A

3. URGENT ITEMS AUTHORISED BY THE CHAIR

DATES OF FUTURE MEETINGS: 30 April 2013 12 December 2013 12 June 2013 30 January 2014 18 July 2013 13 March 2014 11 September 2013 23 April 2014 24 October 2013 Meetings to be held at the Guildhall, High Street, Kingston starting at 7.30pm.

APPENDIX A

DEVELOPMENT CONTROL NEIGHBOURHOOD COMMITTEE

TUESDAY 26 MARCH 2013 REPORT BY HEAD OF PLANNING & TRANSPORT PLANNING APPLICATIONS

INDEX

ITEM REGISTER ADDRESS DESCRIPTION RECOMMENDATION PAGE NO NO NO

A1 13/10038 Lovelace School, Mansfield Removal of existing temporary PERMIT A2 Road, , KT9 2RN classroom building and erection of single storey building comprising four classrooms together with a canopy link, cycle store and hard and soft landscaping. A2 13/10053 Part of 6 Lenelby Road, 2 Red Application under Section 73 to amend PERMIT A20 Lion Road and 366 Ewell Road, Condition 32 (approved plans) of , KT6 7AX planning permission 09/10155/FUL (redevelopment of site to provide commercial units on the ground floor within Use Classes A1, A2, A3 and A4 and 50 residential dwellings comprising 18 x 1-bedroom, 27 x 2-bedroom and 5 x 3-bedroom apartments) to include minor material amendments.

Report 282318 APPENDIX A

DEVELOPMENT CONTROL NEIGHBOURHOOD COMMITTEE

TUESDAY 26 MARCH 2013 REPORT BY HEAD OF PLANNING & TRANSPORT PLANNING APPLICATIONS

INDEX

ITEM REGISTER ADDRESS DESCRIPTION RECOMMENDATION PAGE NO NO NO

A3 13/12022 Land At 1 Penrhyn Road, Redevelopment of site to provide part PERMIT A37 Kingston Upon Thames, KT1 three part four part five storey building 2BT for a mixed use scheme comprising 145sqm (GIA) of D1 (Education and Community Use) with ancillary student accommodation, cycle parking and landscaping and 115 self contained student accommodation units on the upper storeys. A4 13/16075 Christ Church School, Pine Removal of existing temporary PERMIT A71 Gardens, Surbiton, KT5 8LJ classrooms and erection of a single storey building comprising four classrooms and new substation building; installation of a new multi-use games area (MUGA), new cycle parking, creation of new pedestrian access route from together with hard and soft landscaping.

Report 282318

- DEVELOPMENT CONTROL COMMITTEE

26 MARCH 2013

REPORT BY THE

HEAD OF PLANNING & TRANSPORT

PLANNING APPLICATIONS

All recommendations for planning permission in this section are automatically subject to the condition limiting the duration of the permission required by Sections 91 and 92 of the Town and Country Planning Act (as amended) 1990 unless permission is to be granted for a limited period or unless there is a specific recommendation that the period for such duration be other than the period referred to in the standard condition. All background papers are incorporated into Planning Application Reports.

The policies listed are those from the Royal Borough of Kingston upon Thames the Local Development Framework Core Strategy, Adopted April 2012.

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Development Control Committee Date of Meeting: 26/03/2013

A1 Register No : 13/10038/FUL Address : LOVELACE SCHOOL, MANSFIELD ROAD, CHESSINGTON, KT9 2RN

(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285. [Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

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Ward : Chessington North and Hook Description of Proposal : Removal of existing temporary classroom building and erection of single storey building comprising four classrooms together with a canopy link, cycle store and hard and soft landscaping. Plan Type : Full Application Expiry Date : 05/04/2013

Applicant's Plan Nos :

5118290/A/2000/A - Existing Site Plan Received 08/02/2013 5118290/A/2001/A - Existing Floor Plan Received 08/02/2013 5118290/A/2003/A - Existing Roof Plan Received 08/02/2013 5118290/A/2004/B - Proposed Elevations Received 08/02/2013 5118290/A/2005/B - Proposed Floor Plan Received 08/02/2013 5118290/A/2006/B - Proposed Roof Plan Received 08/02/2013 5118290/A/2007/B - Proposed Site Plan Received 08/02/2013 5118290/A2002/A - Existing Elevation Received 08/02/2013 Design & Access Statement Received 08/02/2013 Planning - Construction Logistics and Management Plan Received 08/02/2013 Planning Statement Received 08/02/2013 School Travel Plan Received 08/02/2013 Transport Statement Received 08/02/2013

BASIC INFORMATION

National Planning Policy Framework (NPPF) 2012

Development Plan : Plan July 2011 LDF Core Strategy Adopted April 2012

Policies

LONDON PLAN JULY 2012 LP 3.18 Education facilities LP 5.2 Minimising carbon dioxide emissions LP 5.3 Sustainable design and construction LP 5.7 Renewable energy LP 6.10 Walking LP 6.13 Parking LP 6.9 Cycling LP 7.16 Green Belt A3

LDF CORE STRATEGY CORE POLICIES CS 01 Climate Change Mitigation CS 02 Climate Change Adaptation CS 03 The Natural and Green Environment CS 05 Reducing the Need to Travel CS 06 Sustainable Travel CS 07 Managing Vehicle Use CS 08 Character, Heritage and Design CS 15 Future Needs of Kingston University, Kingston

LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM01 Sustainable Design and Construction Stan DM05 Green Belt, Metropolitan Open Land (MOL) DM06 Biodiversity DM08 Sustainable Transport for new Development DM09 Managing Vehicle Use for New Development DM10 Design Requirements for New Developments DM23 Schools

Previous Relevant History

07/10322/FUL Erection of a 20 unit cycle shelter Permit with expiry adjacent to existing bin store condition + condition 13/02/2008 08/10006/FUL Erection of a single storey detached Permit with expiry timber cabin on the edge of the school condition + condition playing field to the rear of the main 03/04/2008 school building to provide additional classroom/storage facilities. 09/10037/FUL Erection of a temporary modular Permit with conditions building to provide a Classroom and 27/05/2009 Children's and Families Centre, including the provision of a fenced outdoor play area within the existing nursery playground 09/10221/FUL Provision of a single storey a Permit with conditions permanent modular nursery 04/02/2010 classroom, including all associated works and internal refurbishment. Works include the removal of 1 tree and re-planting as per tree report 10/10141/FUL Erection of a single-storey (3 modular) Permit with conditions classroom extension to existing 26/10/2010 modular building including meeting room and toilets

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11/10248/FUL Installation of a 68m x 4m wall Permit with conditions mounted canopy 08/12/2011 94/0715/FUL Erection of temporary classroom Permit Conditions 07/07/1994 95/2060/FUL Erection of temporary classroom Permit Conditions 17/05/1995 96/2112/FUL Retention of temporary classrooms Permit Conditions 18/09/1996 98/2124/FUL Retention of temporary classrooms Permit Conditions 25/09/1998

Consultations

1. Neighbour Notification - 123 surrounding owner/occupiers have been consulted with 2 letters of objection received. Concerns raised relate to parking and highway impacts and the generation of future development. 2. Neighbourhood Traffic Engineer - No objection, subject to conditions. (a) The main access routes to the school will continue to operate within vehicular flow capacity and that there is sufficient free on-street parking space in the wider area around the school to accommodate the additional parking demand. (b) Atkins’ revised Transport Statement (TS) dated March 2013, has assessed the effect of four additional rooms and an increase of 30 pupils attending the school from September 2013, added to the existing 510 pupils. It goes on to provide a “Sensitivity Test” showing the impact of a future expansion to a “3 form entry” school with a total number of pupils of 630, (as per the TS originally submitted with this planning application). However, information given by Learning and Children’s Services confirms that the application proposals could facilitate an increase of up to 90 pupils. Although not specifically assessed in the revised TS, it is implicit that the impact of 90 pupils will not have a detrimental impact on the surrounding highway network, given that the “Sensitivity Test” finds an increase of 120 pupils to be acceptable. (c) The Transport Statement predicts the future number of trips by car calculated using existing modal splits and concludes that there will be minimal impact on traffic flows. Also, for parents parking to drop off/pick up children in the roads around the school, the amount of parking will remain well below on-street capacity. It goes on to say that the successful implementation of additional School Travel Plan measures will further reduce the impact on parking and traffic levels. (d) The TS and the draft School Travel Plan are now consistent in setting a reduction target of 31% down from the existing 33% by November 2013. (e) I concur with the overall conclusions of the TS, i.e. that the main access routes to the school will continue to operate within vehicular flow capacity and that there is sufficient free on-street parking space in the wider area around the school to accommodate the additional parking demand. In A5

particular, the conclusions of the sensitivity test, for a future increase of 120 pupils, show that a maximum increase of 90 pupils that could be facilitated by the current application proposals would present no significant problems on the highway network. (f) There is no proposal to increase on-site parking provision and the number of spaces accommodated remains at 44. The TS reports at Table 14 that the maximum cumulative number of staff using the on-site car parks in the existing situation was surveyed as being 81.8% (36 cars). This indicates that the parking demand by additional staff could be accommodated within the existing car park capacity. (g) The London Plan cycle parking standard is 1 space per 10 staff/pupils. The TS indicates that the requirement has been calculated for 627 users (540 pupils + 87 staff), i.e. 63 spaces. This represents the total requirement, according to standards, following the immediate increase in pupils and staff in September 2013 brought about by the current planning application. (h) The number of cycle spaces proposed is 65 for both staff and pupils and the drawings show a block of 45 additional cycle spaces. This is slightly below the standards in terms of the future expansion to a 3 form entry school but, given that it is a substantial increase over the current provision of only 20 cycle stands, no objection is raised. 3. Sustainable Travel Officer - No objection in principle, subject to conditions. However, the proposed target of a reduction in car use from 33% to 25% by Nov 14 is not considered realistic. Given that the school will be expanding to its full capacity over a number of years, it is recommended that the travel plan set a target to achieve this target over the longer timescale by 2018 with targets for smaller incremental reductions in car use set year on year. 4. Tree and Landscape Officer - No objection, subject to replacement planting. 5. Carbon Reduction & Sustainability Officer – No objection, the application meets the 25% reduction in CO2 emissions as required for a development of this nature. 6. Sport England – No objection. 7. Elmbridge Borough Council – No objection.

Site and Surroundings

8. The application site relates to the Lovelace Primary School, located at the western end of Mansfield Road. The application site has an area of approximately 3.76 ha or 37653 sq m. 9. Adjoining the site to the north is the Hook Youth Club and fields, to the east, north east and south east are residential properties on Devon Way, Stormont Way and Mansfield Road, to the south are open fields and to the west is a wooded area with the A3 beyond. There are also a number of residential roads that extend off these main roads which adjoin the school boundary. 10. The application site falls within the Green Belt and both Mansfield Road and the footpath to the north of the application site are designated as part of the Strategic Walking Network. The application site has one tree that is subject to A6

a Tree Preservation Order (TPO). 11. The application site has a Public Transport Accessibility Level (PTAL) of 1a (Very Low).

Proposal

12. The application relates to the removal of the existing temporary classroom building and the erection of a single storey building comprising four classrooms together with a canopy link, cycle store and hard and soft landscaping. 13. The application proposes the removal of 2 existing mobile temporary classrooms (127 sq m) and the erection of a permanent building comprising of 4 classrooms (340 sq m). One of the existing temporary buildings is used as a Staff room. 14. It is proposed that the school will increase by one whole new form of entry (7 new classes) in total. However, this increase is planned over a 7 year period and this current application only seeks the increase in capacity of the school by a maximum of 90 pupils. At this stage it is anticipated that a second planning application will be considered by the Council in late 2013/early 2014 for the additional classrooms. 15. The new classrooms will provide accommodation to the existing class within the temporary structure, one additional reception class in year 2013/14, another reception class for school year 2014/15, and another in 2015/16. As such, this means that the proposal would result in 30 additional children year on year. 16. The proposed building would be located to the north of the existing school building and would measure 14.4 m (wide) x 26.5 m (deep) with a height of between 4 - 4.4 m given the mono-pitched roof. The proposed classroom building would be constructed of brick panels with white polyester powder coated aluminium framed windows and doors. The roof would be a single ply membrane with 10 roof lights and a line of solar panels. 17. The application also includes the erection of a corridor linking the proposed classrooms to the existing building, cycle parking and landscaping. 18. The proposed corridor would be constructed of a polycarbonate roof and side screens with a steel post and frame.

Assessment

The main considerations material to the determination of this application are:

• Principle of Proposed Development • Impact on Character of Area • Impact on Neighbour’s Residential Amenity • Highways and Parking • Trees • Legal Agreements • Sustainability • Other Material Considerations A7

Principle of Proposed Development

19. Due to demographic and economic pressures and the high quality and reputation of local schools, demand for school places in all areas of the borough has increased considerably in recent years and is forecast to increase further. Demand within the Chessington and Hook (Chessington North & Hook and Chessington South electoral wards) areas is high and unless additional places are provided in a timely manner, the Council will be unable to meet its statutory duty to provide for those of its resident children who want places in state-funded schools. 20. In this instance, the governing body of Lovelace Primary School has agreed to the Council's proposal that the school should be permanently expanded from two- to three-form entry from September 2014 onwards and that, as a precursor to that, the school should admit a 'bulge' Reception class in September 2013. It currently has three 'bulge' classes going through, in Years 2, 3 and 4. 21. The proposed additional classrooms would be sited to the north of the existing school building on land that is designated as Green Belt. 22. Policy CS3 of the Councils LDF Core strategy states that The Council will protect and improve Kingston's valued natural and green environment by: (a) seeking to ensure that residents have access to an interconnected network of safe, well managed and maintained areas of open space through the implementation of routes in the 'South West London Greenways Network Expansion - Feasibility Report', Kingston's Green Spaces Strategy, Park Management Plans and Annual Implementation Plans (b) protecting Kingston's open space network from inappropriate development through its open spaces designations; Green Belt, Metropolitan Open Land (MOL), Thames Policy Area, Sites of Importance for Nature Conservation (SINCs), Local Nature Reserves, Local Open Space, School Open Spaces, Green Corridors, Green Chains and Allotments, as shown on the Proposals Map (c) promoting the management of biodiversity in light of the threats arising from climate change and future development growth, by working in partnership with a range of organisations on projects to protect and enhance Kingston's Open Space Network. This will not only provide increased wildlife habitats, but will also link wider parts of Kingston, allowing easier movement and reducing isolation of habitats. (d) protecting and enhancing Kingston's playing fields and ensuring that opportunities for the extension of existing provision or new recreation, children's play and sports facilities are encouraged; especially those that meet identified needs. 23. Policy DM5 of the LDF Core Strategy states that the Council will: (a) only allow development on sites adjacent to the Green Belt, MOL or other open space designation that does not have a detrimental impact on its visual amenities and respects the size, form and use of that open space, in accordance with national guidance

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(b) ensure new development contributes to the provision and improvement of the quality, quantity, variety and accessibility of public open space, play and sports facilities, to meet the needs it generates in accordance with the local provision and accessibility standards set out in Annex 3 and the Planning Obligations SPD, or Community Infrastructure Levy charge (c) ensure that development proposals do not result in the whole or partial loss of public open space, outdoor recreation facilities or allotments unless a replacement site or facility provides a net benefit to the local community and visitors in terms of the quality, availability and accessibility of open space or recreational opportunities (d) ensure that development proposals do not harm open spaces which: (i) contribute to the character, appearance and heritage value of the Borough's open space network (ii) create focal points and valuable amenity space within the built up area (iii) form part of an area of value for wildlife, sport or recreation (e) ensure all new provision of sports and play meet qualitative standards and optimise accessibility to all users, including the local community and visitors. 24. Additionally, Policy 7.16 of the London Plan (July 2011) states that the strongest protection should be given to London's Green Belt, in accordance with national guidance. Inappropriate development should be refused, except in very special circumstances. Development will be supported if it is appropriate and helps secure the objectives of improving the Green Belt as set out in national guidance. 25. Section 9 of the National Planning Policy Framework (NPPF) sets out that the Green Belt serves five purposes: (a) to check the unrestricted sprawl of large built-up areas; (b) to prevent neighbouring towns merging into one another; (c) to assist in safeguarding the countryside from encroachment; (d) to preserve the setting and special character of historic towns; and (e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land. 26. As with previous Green Belt policy, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. 'Very special circumstances' will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. 27. Paragraph 89 of the NPPF states that a local planning authority should regard the construction of new buildings as inappropriate in Green Belt. Some exceptions to this are:

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(a) the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building; (b) the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces; (c) limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development. 28. The application would involve the removal of existing temporary classrooms which have a floor area of 127 sq m. The proposed four new classrooms would have a floor area of 340 sq m, thus resulting in an overall increase in building footprint of 213 sq m. The proposed building would not: (a) Result in the unrestricted sprawl of an urban space (b) Would not result in towns merging together (c) Is replacing existing buildings and would be on existing hard standing so would not result in encroachment 29. It is also considered that the proposal would: (a) Not result in a disproportionate addition to the existing building (b) Replace an existing building, albeit a smaller one (c) Would be located on existing hard standing. 30. When assessing the principle of the development on this local open space it is also necessary to consider planning policy which seeks the provision of adequate school places. 31. Policy 3.18 of the London Plan states that development proposals which enhance education and skills provision will be supported, including new build, expansion of existing facilities or change of use to educational purposes. Those which address the current projected shortage of primary school places will be particularly encouraged. Proposals which result in the net loss of education facilities should be resisted, unless it can be demonstrated that there is no ongoing or future demand. 32. Policy SB1 (j) of the Councils LDF Core Strategy states that the Council will support the expansion of Lovelace and Ellingham Primary Schools. 33. Policy CS15 of the Councils LDF Core Strategy states that the Council will facilitate improvements to the school estate and make provision for a permanent increase in the number of school places to meet increasing demand through the expansion of existing schools and the provision of new schools. Potential for shared and community use will be provided for. 34. Policy DM23 of the LDF Core Strategy states that the Council will: (a) Designate and protect open space on school sites as shown on the Proposals Map and seek to ensure that school expansion proposals retain open space and that all options to re-organise/expand schools within the existing built footprint are explored, with a presumption against A10

a net reduction in open space (b) Assess proposals for new schools and school expansion against the following criteria: (i) the size of the site, its location and suitability to accommodate a new school or school expansion taking account of compatibility with surrounding uses, and existing planning policy designations (e.g. Conservation Areas, MOL, Green Belt) (ii) the impact on green open space, games pitches, outdoor play and amenity space, taking account of the character of the area, whether the site is within an area of open space deficiency and whether the school has sufficient outdoor space for play and games (iii) the location and accessibility of the site in relation to: the intended catchment area of the school; public transport; the local highway network and its ability to accommodate new or additional school trips without adverse impact on highway safety; safe and convenient walking and cycling routes to schools (iv) the extent to which the building design contributes towards the government target that schools and colleges should be zero carbon from 2016 (see policies CS1 and CS2). 35. The proposed classrooms are necessary in order to meet demand for primary school places across the borough. The Councils LDF Core Strategy identified the need to expand Lovelace School within the South of the Borough Neighbourhood policy. The proposed development of green belt land is also considered to be acceptable and accords with the NPPF and London Plan. As such, it is considered that the principle of the development is acceptable, subject to compliance with other development plan policies.

Impact on Character of Area

36. The application site is located within a predominantly residential neighbourhood of Chessington. As such, the majority of the built environment consists of two storey dwellinghouses. However, the application is a school site with a large building foot print. The building is part one, part two storey, constructed of brick with concrete interlocking tiles and some areas of flat roof. 37. The proposed building would be constructed of brick panels with white polyester powder coated aluminium framed windows and doors. The roof would be a single ply membrane with 10 roof lights and a line of solar panels. Views of the proposed building would be limited from the street scene and public realm given its siting to the rear of the existing school building and the enclosed nature of the site. The proposed roof would be mono-pitched with a maximum height of 4.4 m reducing to 4 m. 38. The proposed building, with regards to its design and external appearance, is considered to be acceptable. The scale of the building is appropriate and the materials chosen seek to blend the building into the existing school structure. As such, the proposal is not considered to harm the character or appearance of the surrounding area.

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39. The proposed corridor linking the proposed classrooms to the existing school building would be constructed of a polycarbonate roof and side screens with a steel post and frame. 40. 45 cycle parking spaces are proposed to the southern side of the existing building. The cycle parking will be enclosed and covered as shown in the Green Travel Plan submitted. 41. The proposed corridor and cycle parking structures are considered to be acceptable. The structures would be located well within the application site and are the types of ancillary structures commonly found with school buildings. As such, they are not considered to harm the character or appearance of the surrounding area and in accordance with Policy DM10 of the Councils LDF Core Strategy.

Impact on Neighbours’ Residential Amenity

42. The application site is located within a predominantly residential neighbourhood and is bounded by dwellings on Devon Way, Stormont Way and Mansfield Road. 43. A school falls within Use Class D1 and the use of the site will remain unchanged as a result of this application. Lovelace School currently has capacity for 510 children who use the school for educational purposes and the outdoor areas for recreation and play. The application proposes an addition of up to 90 children upon the existing enrolment. The proposed increase in pupil numbers is not considered to result in such additional numbers so as to cause problems in terms of noise and general disturbance from the educational use. 44. The proposed classroom building and the enclosed corridor would be sited approximately 87 m from the nearest residential dwelling on Stormont Way and 100 m from the nearest dwelling on Field Close. Given the distances between the proposed buildings and the nearest existing residential dwelling, the proposal would not have a detrimental impact upon their amenities in terms of loss of outlook, privacy or daylight/sunlight. As such, the proposal is considered to comply with Policy DM10 of the Councils LDF Core Strategy.

Highways & Parking

45. Policy DM23 states that the Council will assess proposals for new schools and school expansion against the location and accessibility of the site in relation to: (i) the intended catchment area of the school (ii) public transport (iii) the local highway network and its ability to accommodate new or additional school trips without adverse impact on highway safety (iv) safe and convenient walking and cycling routes to schools. 46. Policy DM8 of the Councils LDF Core Strategy states that to support and promote the use of sustainable modes of travel to development sites the Council will:

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(a) require all significant new development, including schools, workplaces and residential developments to develop and implement a robust and effective Travel Plan (b) prioritise the access needs of pedestrians and cyclists in the design of new developments and protect and enhance pedestrian and cycle access routes to, and where possible, through development sites, including the protection or enhancement of the strategic cycling and walking networks, as shown on the Proposals Map (c) require new development to provide facilities on-site for cyclists as appropriate, including showers, lockers and secure, convenient cycle parking, in accordance with minimum standards. 47. Policy DM9 of the LDF Core Strategy states that to ensure that new development does not contribute to congestion or compromise highway safety the Council will: (a) require all major developments to submit a Transport Assessment based on TfL's Best Practice Guidance (b) require new development to comply with car parking standards and implement parking management schemes (c) restrict eligibility for on-street parking permits for residents of new developments located in controlled parking zones (d) require new development to provide car club and electric vehicle infrastructure where appropriate in accordance with minimum standards. 48. The primary school is located in a residential area in West Chessington. The school is bordered by the A3 to the west, open space / playing fields to the north and south, and Stormont Way to the east. The main access roads include Mansfield Road, Devon Way, Stormont Way and Newlands Way. 49. The road network surrounding Lovelace Primary School is residential in nature with the main access road, Mansfield Road, forming one of the larger residential roads in the area. Mansfield Road is a wide single carriageway road linking the school to the A243 Hook Road / Leatherhead Road, a major trunk road linking the M25 to Kingston. In addition to Mansfield Road, Devon Way forms one of the other larger residential roads in the area. Devon Way is a single carriageway road linking the school to Clayton Road (which leads onto the A243). 50. The school currently has capacity for 510 students and 85 employees. This application would increase the enrolment by 90 children in total, 30 in year 2013/14, 30 in year 2014/15 and another 30 in 2015/16. The school currently has two existing access points off Mansfield Road and Devon Way. The main vehicular entrance to the school car park is off Mansfield Road. On-site there are 34 car parking spaces which are mainly used by staff. 51. The application site has a Public Transport Accessibility Level (PTAL) of 1a (very low). The application site is within 750 m of 5 bus routes (K4, 465, 467, 71 & 671). In particular, bus route K4 is within 250 m of the school. The low PTAL level that has been calculated is reflective of the lack of a nearby railway station and local bus services running within a close vicinity of the school. However, as the catchment area for the school is likely to be

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localised, the lack of a nearby rail service is of more significance to staff. However, there is a local bus service running in the vicinity of the school which connects to Kingston, Surbiton and railway station from Mansfield Estate to Kingston Hospital. 52. As part of the proposed school expansion no additional car parking would be provided. The application does propose 45 additional cycle parking spaces. 53. A Transport Statement and School Travel Plan have been submitted as part of this application. These documents assess the existing highway network with the existing capacity and travel patterns from the school usage and predict the impact of an increase in 30 pupils per year. 54. The application would result in a possible maximum increase of 90 children attending Lovelace School with 6 additional staff. For the proposed school expansion, the future trip generation for the site has been determined using the School Travel Plan, assuming that the modal share will not change from the existing situation. The existing mode share data has been applied to the total proposed numbers of 30 additional pupils and 2 staff per year to determine the future trip generation following the completion of the school expansion. The results are summarised below:

55. The submitted Transport Statement demonstrates that the proposed school expansion would increase the number of trips to the school. By using the existing modal split, it is anticipated that the additional 30 pupils and 2 staff would result in an increase of 10 car trips, 1 car share, 1 bus trip, 1 by cycle, 15 walking, 3 using the car and then walking and 1 scooter. Over the 3 years of additional classes, and based on current data, this would lead to an increase of 30 car trips, 3 car share, 3 bus trips, 3 by cycle, 45 walking, 9 using the car and then walking and 3 scooter. Taking this into account, the report concludes that this increase, and the measures proposed within the Green Travel Plan, would not result in harm to the surrounding highway network. 56. Concerns have been raised with regards to on-street parking as a result in the development. Based on the average six metre parking space length, there are currently around 563 legal parking spaces available within the vicinity of the school available along the streets during the hours surveyed. These spaces A14

are within a reasonable walking distance of Lovelace Primary School. It should be noted that the parking surveys included all parked vehicles, including those associated with the commuters and residents, therefore is not all attributable to school activity. As stated above, the Transport Statement concludes that there would be 30 additional car trips, 27 by pupils and 3 by staff (over the three year intake). Parking beat surveys were undertaken on Wednesday 30 th January 2013 between 07:00 – 16:45. This survey concluded that at 08:30 (peak of parking) only 29.2% of parking spaces were occupied in the local area at that time. As such, the additional number of predicted vehicular trips generated, based on an increase of 30, for the peak time of 08:30 would take the on-street parking use up to 30.2%. Data has also been provided to demonstrate that if the school did gain approval in the future for 7 new classrooms (i.e. increase of 210 pupils) the maximum on street parking capacity would only increase to 67%. It is also noted that these parked vehicles are unlikely to occupy their space for any longer than 15 minutes. 57. Noting the Councils Neighbourhood Traffic Engineers and the Sustainable Travel Officers comments, it is considered that the existing highway network has sufficient capacity to maintain on-street parking and highway safety with the addition of 90 pupils over the next three school years. The Green Travel Plan as submitted sets out a number of actions to promote sustainable travel modes using either public transport, cycling or walking to the school by both pupils and staff. On the basis that conditions are applied to ensure that cycle parking, buggy parking and scooter parking are provided, the proposal is considered to be acceptable. A condition should also be applied to any consent ensuring that the School Travel Plan is reviewed annually. 58. Given the mitigation measures proposed, it is considered that the proposal would not result in the unacceptable harm on highway safety in the local area and would promote the use of sustainable modes of transport. The proposal therefore complies with Policies CS6, CS7, DM8 & DM9 of the Councils LDF Core Strategy and Policy 6.9 of the London Plan.

Trees

59. The application would result in the loss of 8 small trees in a triangle of soft landscaping to the north of the existing school building, within the play area. Noting the Councils Tree and Landscape Officers comments, the removal of these trees is considered to be acceptable, subject to their re-provision in accordance with Policy DM10 of the Councils LDF Core Strategy which seeks 2 for 1 replacement. These replacements could be secured by condition. 60. The application proposes cycle parking facilities to the front of the school, near to an existing mature Willow tree. Noting the Councils Tree and Landscape Officers comments, this relationship is considered to be acceptable. Legal Agreements

61. No legal agreement is required with this application.

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Sustainability

62. The proposed classroom building is less than 500 sq m in floor area. As such, no BREEAM requirements are sought, in line with Policy DM1 of the Councils LDF Core Strategy. Nevertheless, Policy DM1 does state that buildings that are undergoing refurbishment or extension, but where the alterations are too small to be assessed under BREEAM are encouraged to comply with the policies for existing buildings set out in the Council's Sustainable Design and Construction SPD. 63. At this stage the Council does not have a Sustainable Design and Construction SPD. As such, the applicant sets out within the Design & Access Statement how the proposal responds to the Energy Hierarchy, as set out in Policy 5.2 of the London Plan. 64. Policy 5.2 of the London Plan states that development proposals should make the fullest contribution to minimising carbon dioxide emissions in accordance with the following energy hierarchy: (a) Be lean: use less energy (b) Be clean: supply energy efficiently (c) Be green: use renewable energy 65. Energy and sustainability features of the classroom design include: (a) The 'Connect' classrooms have been designed to achieve high levels of energy efficiency. (b) Solid external walls means the building cost less to heat cool and maintain. (c) Openable windows providing fresh air to classrooms. Adopting natural vent principles. (d) Natural ventilation reduces CO2 build up in classrooms. (e) All ventilation complies with Building regulations Part L2A and Part F. (f) The Connect classrooms have renewable built in with both Solar PV and Air Source Heat pumps. (g) An electronic panel to display the power being provided by the Solar PV system. (h) Solar Panels by Conergy Powerplus 220 Monocrystalline 220Wp. Efficiency rating of 80%. (i) Inverter are to be provided to enable supply back to the UK grid. Ofgem approve meter back to fuse board. (j) Lighting controlled by conventional switches together with PIR absence detection. (k) Low pressure hot water provided by air - to - water heat pump. Supplying the under floor heating. (l) All internal rooms are ventilated with extract fans with PIR detection and maximum 15 minute overrun. (m) All basins within the building have sensor taps to reduce wastage of A16

water. (n) All external windows and door glazing is to achieve 1.6W/m2k (o) Thermal Insulation in the concrete floor slab is to achieve 0.033 W/mK 66. Noting the Councils Carbon Reduction and Sustainability Officers comments, the proposed development is acceptable in terms of carbon dioxide emissions and therefore accords with Policy DM1 of the Councils LDF Core Strategy and Policy 5.2 of the London Plan.

Other Material Considerations

67. There are no other material considerations associated with this application.

Reason for Approval

68. The proposed classroom building, by reason of it's design, scale and siting, would not result in the unacceptable development of green belt land, would preserve the character and appearance of the area and street scene and would not have a detrimental impact upon highway safety, residential amenity or tree's and landscaping. The proposal therefore complies with Policies SB1, CS1, CS3, CS6, CS7, CS8, CS15, DM1, DM5, DM8, DM9, DM10 & DM23, Policies 3.18, 5.2, 6.9 & 7.16 of the London Plan (July 2011) and Section 9 of the NPPF.

Recommendation :

Approve subject to the following conditions: 1 The development hereby permitted shall be commenced within 3 years from the date of this decision. Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990. (As amended) 2 The development hereby permitted shall be carried out in accordance with the following approved plans: School Travel Plan, Transport Statement, 5118290/A/2007/B - Proposed Site Plan, Planning Statement, Design & Access Statement, Planning - Construction Logistics and Management Plan, 5118290/A/2000/A - Existing Site Plan, 5118290/A2002/A - Existing Elevation, 5118290/A/2001/A - Existing Floor Plan, 5118290/A/2003/A - Existing Roof Plan, 5118290/A/2005/B - Proposed Floor Plan, 5118290/A/2006/B - Proposed Roof Plan, 5118290/A/2004/B - Proposed Elevations Reason: For avoidance of doubt and in the interests of proper planning. 3 Works required to implement the development hereby permitted shall be carried out in accordance with the Kier Construction 'Planning - Construction Logistics and Management Plan' which shall be maintained throughout the entire construction period. Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

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4 Details of secure cycle parking facilities for the occupants of, and visitors to, the development hereby approved have been submitted to and approved in writing by the Local Planning Authority before they are implemented on site. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times. Reason: To ensure the provision of satisfactory cycle storage facilities and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012. 5 The School Travel Plan shall be implemented in accordance with details in the submitted School Travel Plan document and shall be updated and submitted to the Local Planning Authority annually for approval. The travel plan update will contain the results of annually repeated staff and pupil travel surveys, will demonstrate progress towards meeting targets and will contain an updated action plan setting out proposed travel plan measures for the following year. Reason: To promote the use of sustainable modes of transport and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012. 6 Secure, covered parking for buggies and scooters and covered parental waiting areas shall be provided before the development is first brought into use in accordance with details to be submitted to and approved in writing by the Local Planning Authority within 3 months of the date of this decision. Reason: To ensure the provision of satisfactory buggy/scooter storage facilities and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012. 7 A landscaping scheme including where applicable the retention of the existing trees shall have been submitted to and approved in writing by the Local Planning Authority prior to first occupation of the development hereby approved. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only.

Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 8 The landscape scheme as previously submitted and approved shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the areas shown to be so landscaped shall be A18

permanently retained for that purpose. Alterations that affect these approved landscape details must be previously agreed to in writing by the local planning authority.

Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 9 The existing temporary modular classrooms, as approved under planning application 94/0715 & 95/2060, shall be removed and the hard standing restored to its previous condition to be used as play areas for the school pupils prior to occupation of the development hereby approved. Reason: In order to ensure the re-provision of Local Open Space, the provision of a children's playground for occupiers of this development and to safeguard the amenities of neighbouring residential occupiers in accordance with Policies DM5 & DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

Informative(s)

1 In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.

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Development Control Committee

Date of Meeting: 26/03/2013

A2 Register No : 13/10053/FUL

Address : PART OF 6 LENELBY ROAD, 2 RED LION ROAD AND 366 EWELL ROAD, SURBITON, KT6 7AX

(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285. [Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

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Ward : and Hook Rise Description of Proposal : Application under Section 73 to amend Condition 32 (approved plans) of planning permission 09/10155/FUL (redevelopment of site to provide commercial units on the ground floor within Use Classes A1, A2, A3 and A4 and 50 residential dwellings comprising 18 x 1-bedroom, 27 x 2- bedroom and 5 x 3-bedroom apartments) to include minor material amendments. Plan Type : Full Application Expiry Date : 23/04/2013

Applicant's Plan Nos :

11-014/300 - Engineering Layout Received 11/03/2013 11-014/302 - External Works Layout Received 11/03/2013 11-014/303 - External Works Construction Details Received 11/03/2013 11-2074-255 - Proposed Screen Wall to Boundary with Received 11/03/2013 No. 4 - Option A 12-12118-100 Rev C - Proposed Site Plan Received 26/02/2013 12-12118-101 Rev C - Proposed Ground Floor Plan Received 26/02/2013 12-12118-102 Rev B - Proposed First Floor Plan Received 26/02/2013 12-12118-103 Rev B - Proposed Second Floor Plan Received 26/02/2013 12-12118-104 Rev B - Proposed Third Floor Plan Received 19/02/2013 12-12118-105 Rev B - Proposed Roof Plan Received 26/02/2013 12-12118-201 Rev B - Proposed Front Elevation Received 26/02/2013 12-12118-202 Rev B - Proposed Rear Elevation Received 19/02/2013 12-12118-203 Rev A - Sections A, B & C Received 26/02/2013 12-12118-204 Rev A - Sections D and E Received 26/02/2013 12-12119-100ILL D Proposed site plan (illustrative) Received 11/03/2013 12-12119-101ILL D Proposed ground floor (illustrative) Received 11/03/2013 12-12119-103ILL c Proposed second floor (illustrative) Received 11/03/2013 12-12119-104ILL D Proposed third floor (illustrative) Received 11/03/2013 12-12119-105ILL D Proposed roof plan (illustrative) Received 11/03/2013 12-12119-201ILL D Proposed elevations (illustrative) Received 11/03/2013 12-12119-202ILL C Proposed elevations (illustrative) Received 11/03/2013 12-12119-203ILL B Sections A, B, C (illustrative) Received 11/03/2013 12-12119-204ILL B Sections D & E (illustrative) Received 11/03/2013 Construction Management Plan (dated November 2011) Received 11/03/2013

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RBA Acoustic letter (dated 01 December 2011) Received 11/03/2013 Schedule of External Finishes (Dec 11) Received 11/03/2013 Summary Sheet of Main Facing Materials (19.03.12) Received 11/03/2013 The Residential Travel Plan (dated 22.12.11) Received 11/03/2013 Traffic Management Plan GTCS/RLT/SL01 (dated Received 11/03/2013 13.04.12).

BASIC INFORMATION

National Planning Policy Framework (NPPF) 2012

Development Plan: London Plan July 2011 LDF Core Strategy Adopted April 2012

Policies LONDON PLAN JULY 2012 LP 2.7 Outer London: economy LP 3.5 Quality and design of housing development LP 3.8 Housing choice LP 5.1 Climate change mitigation LP 5.2 Minimising carbon dioxide emissions LP 5.3 Sustainable design and construction LP 6.13 Parking LP 6.3 Assessing effects of development on tran LP 6.9 Cycling LP 7.2 An Inclusive environment LP 7.3 Designing out crime LP 7.4 Local character LP 7.5 Public realm LP 7.6 Architecture LP 8.2 Planning obligations

LDF CORE STRATEGY CORE POLICIES CS 01 Climate Change Mitigation CS 02 Climate Change Adaptation CS 03 The Natural and Green Environment CS 05 Reducing the Need to Travel CS 06 Sustainable Travel CS 08 Character, Heritage and Design CS 09 Waste Reduction and Management CS 10 Housing Delivery

LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM01 Sustainable Design and Construction Stan DM02 Low Carbon Development DM03 Designing for Changing Climate DM06 Biodiversity A22

DM08 Sustainable Transport for new Development DM09 Managing Vehicle Use for New Development DM10 Design Requirements for New Developments DM11 Design Approach DM13 Housing Quality and Mix DM20 New Retail Development

Previous Relevant History

08/10099/FUL Demolition and redevelopment for new Refused 30/07/2008, public house use class A4 (523 sq m) Appeal Dismissed and 3 x ground floor commercial units 25/02/2009 (300 sq m) within use classes A1/A2, 58 residential dwellings including 1 x 4- bedroom house, 9 x 3-bedroom houses, 7 x 3-bedroom apartments, 18 x 2- bedroom apartments 23 x 1-bedroom apartments, basement parking and servicing, access and landscaping 09/10155/FUL Demolition and redevelopment of site to Permit with conditions provide commercial units on the ground 08/09/2010 floor totalling 1,145 sq metres within Use Classes A1, A2, A3 and A4, 50 residential dwellings comprising 18 x 1- bedroom, 27 x 2-bedroom and 5 x 3- bedroom apartments, rear car parking and servicing, decked amenity space and landscaping 11/10294/COND Details required by Conditions 7 (sliding Approve 02/11/2012 gate), 11 (cycle storage), 13 (levels), 15 (site workings), 21 (acoustic segregation scheme), 27 (hard/soft landscaping), 29 (sustainable urban design system), 30 (boundary treatment) and 31 (waste management plan) of planning permission 09/10155/FUL 12/10001/COND Details required by conditions 2 Approve 25/07/2012 (materials) and 9 (Travel Plan) of planning permission 09/10155/FUL. 13/10037/NMA Non material amendment to planning Accept 15/02/2013 permission 09/10155/FUL (Redevelopment of site) to add an additional condition to the planning permission setting out the list of approved plans

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Consultations

1. Neighbour Notification - Site and press notices have been displayed and 88 neighbours have been notified - 3 objections have been received to date (the public consultation period expires on 25th March 2013. Any further representations received will be reported to Committee as late material) raising the following concerns: (a) The building is larger, more imposing and dominates the surrounding landscape. (b) Overlooking and loss of privacy to neighbouring gardens. (c) Noise and disturbance. (d) Increase in parking and traffic problems. 2. Borough Valuer - No response received to date. Any response received will be reported to Committee as late material. 3. Borough Environmental Health - No objection to the application. 4. Climate Change and Sustainability - No response received to date. Any response received will be reported to Committee as late material. 5. Housing Services - No observations to make on the application. 6. London Fire and Civil Defence Authority - No response received to date. Any response received will be reported to Committee as late material. 7. Neighbourhood Traffic Engineer - No objection to the proposal subject to conditions and legal agreement being attached as per the previous permission. 8. Thames Water - No objection to the proposal.

Site and Surroundings

9. The application site is in a prominent corner location originally comprising the Red Lion Public House. The development approved under planning permission 09/10155/FUL (Demolition and redevelopment of site to provide commercial units on the ground floor totalling 1,145 sq metres within Use Classes A1, A2, A3 and A4, 50 residential dwellings comprising 18 x 1-bedroom, 27 x 2-bedroom and 5 x 3-bedroom apartments, rear car parking and servicing, decked amenity space and landscaping) is currently under construction. 10. The site lies at the edge of the Tolworth District Centre and is currently outside the identified retail area. The primary retail frontage also ends at the unit which adjoins the site. To the north and west of the site lie residential properties, two storeys in height and are a mixture of detached and semi-detached properties. To the south lie two storey terrace properties from the Victorian era and some more modern (1970's) three storey blocks of flats. To the east of the site is the commercial area of Tolworth District Centre which is formed of three storey buildings with retail uses at ground floor level and flats above. Opposite the site is a triangular shaped area of open space beyond which is the entrance to Alexandra Park. The Ewell Road is part of the bus priority network with cycle routes also running along the frontage.

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Proposal

11. The application is made under Section 73 of the Town and Country Planning Act 1990 and seeks to amend Condition 32 (approved plans) of planning permission 09/10155/FUL (Demolition and redevelopment of site to provide commercial units on the ground floor totalling 1,145 sq metres within Use Classes A1, A2, A3 and A4, 50 residential dwellings comprising 18 x 1-bedroom, 27 x 2-bedroom and 5 x 3-bedroom apartments, rear car parking and servicing, decked amenity space and landscaping) as inserted by application 13/10037/NMA to include the following minor material amendments to the original permission as shown on illustrative Drawings 12-2119-100 ILL Rev D, 12-2119-101 ILL Rev D, 12-2119-102 ILL Rev C, 12-2119-103 ILL Rev C, 12-2119-104 ILL Rev D, 12-2119-105 ILL Rev D, 12- 2119-201 ILL Rev D, 12-2119-202 ILL Rev C, 12-2119-203 ILL Rev B and 12- 2119-204 ILL Rev B submitted:

(a) New canopy over entrance doors to flats on Ewell Road (northern) and Red Lion Road (western) elevations. (b) Lift overruns, as previously shown on approved Roof Plan (4119 D16A), Rear Elevation (4119 D 18B), Section C (4119 19B) and Section D (4119 D 20B). (c) Second bay set in flush with first bay, as already shown on the previously approved Site Plan (4119 D 10B) and Floor Plans (4119 D 11 B, 4119 D 12 C, 4119 D 13 B, 4119 D 14 B and 4119 D16A). (d) Side balconies facing Red Lion Road, as already shown on the previously approved Site Plan 4119 D 10B and Floor Plans (4119 D 11B, 4119 D 12C, 4119 D 13B and 4119 D 14B). (e) Increased roof height by 0.785 metres. (f) New doors to gas metre cupboards on Ewell Road (northern), Red Lion Road (western) and rear (southern) elevations. (g) Four panel door to replace to five panels originally shown on approved Red Lion Road Elevation (4119 D 17A) (h) New third floor window on rear (southern) elevation. (i) Internal rearrangement to accommodate electricity substation on Red Lion Road (NB refuse/recycling and cycle storage will be maintained)

Assessment

12. The main considerations material to the determination of this application are: • Principle of Proposed Development • Impact on Character of Area • Impact on Neighbour’s Residential Amenity • Highways and Parking • Trees • Legal Agreements • Sustainability • Other Material Considerations

Principle of Proposed Development

13. The principle of the development has been established by the granting of planning permission 09/10155/FUL in September 2010 for the demolition and

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redevelopment of the site to provide commercial units on the ground floor totalling 1,145 sq metres within Use Classes A1, A2, A3 and A4 and 50 residential dwellings comprising 18 x 1-bedroom, 27 x 2-bedroom and 5 x 3- bedroom apartments with rear car parking and servicing, decked amenity space and landscaping. 14. The proposed amendments do not result in any changes to the approved ground floor commercial units or to the residential unit mix, sizes or number of market or affordable housing units previously agreed.

Impact on Character of Area

15. Policies CS8 and DM10 of the LDF Core Strategy advise that proposals should relate well to their surroundings and be of a high standard of design to achieve a more attractive, sustainable and accessible environment. 16. In the 2009 appeal decision (ref. 08/10099/FUL), the Inspector raised no objection to the height or mass of the four storey building proposed along the Ewell Road and Red Lion Road. The Inspector stated "In my view, the proposed Ewell Road frontage respects the Twyford Parade building in terms of height and form. I consider that the use of the stepped frontage, setbacks and recesses would break up the frontage so that it would clearly read as a series of units and not appear as a monolithic block. The treatment of the facade, combined with the subtle variations in roof height and the set back of the top storey, would in my view successfully reduce the apparent bulk and scale of the building to an appropriate level. Also in my opinion, the proposed pavement area including associated landscaping would further enhance and improve the element of Ewell Road and the corner with Red Lion Road." 17. The Inspector went on to say that "I consider that the proposal would provide an overall coherence that is, in my view, currently lacking at this part of Ewell Road. Notwithstanding variations in the building line I consider that the Red Lion frontage successfully continues this successful design up to and including the proposed vehicular access along Red Lion Road". 18. The building now proposed is also four storeys in height and flat roofed with an overall height of 13.3 metres as measured from Ewell Road. This is approximately 1 metre higher than the buildings on Twyford Parade and 0.785 metres higher than the building approved under planning permission 09/10155/FUL. The proposal incorporates the minor elevation changes to the appearance of the approved building as set out above. It is similar in overall width and length to that previously approved measuring 66.8 metres (at its widest point) and 33.5 metres respectively on the Ewell Road and Red Lion Road frontages. 19. The design, scale and mass of the proposed development sits comfortably with neighbouring properties and does not appear out of character within the context of Ewell Road and Red Lion Road which has a variety of heights, design styles and forms. As such, the proposal is considered to be in accordance with Policies CS8 and DM10 of the LDF Core Strategy.

Impact on Neighbours’ Residential Amenity

20. Policy DM10 of the LDF Core Strategy seeks to safeguard residential

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amenities in terms of privacy, outlook, sunlight/daylight, avoidance of visual intrusion and noise and disturbance. 21. The development proposed would have a similar relationship to neighbouring properties as that previously agreed under planning permission 09/10155/FUL. The building as amended by this application would also look over the rear gardens of the residential properties on Red Lion Road and Lenelby Road with windows being at least 28 metres from the boundary of the site which was previously considered a sufficient distance to protect against undue overlooking and loss of privacy. 22. With respect to No.4 Red Lion Road, there are no habitable room window openings proposed in the southern side elevation wall of the building as it would house the stair/lift core (there are non-habitable windows at ground, first and second floor levels serving the stair/lift core area proposed) and half of the wall will be covered by landscaping forming a living wall. The proposed third floor habitable room windows (a bedroom and 2 living/dining room windows) would be set back by 2.2 metres from the side elevation wall and would therefore have no adverse impact on the privacy of No.4 Red Lion Road. 23. The balconies on the third floor which would look towards the rear garden area of 364 Ewell Road (across Red Lion Road) and No. 4 Red Lion Road which would be located at least 18 metres away. The relationship with No. 364 Ewell Road remains unchanged from the previously approved scheme. 24. The proposed changes would have no greater impact on the residential amenity of neighbouring properties in Ewell Road and Red Lion Road than the development previously approved. The building as amended is considered to be suitably positioned and sufficiently distant so as to ensure no adverse impact on the amenities of the neighbouring residential properties in Ewell Road and Red Lion Road in terms of loss of outlook, privacy and sunlight/daylight. As such, the proposal would be in accordance with Policy DM10 of the LDF Core Strategy.

Highways & Parking

25. Policies DM9 and DM10 of the LDF Core Strategy seek to ensure that new development has regard to local traffic conditions and does not contribute to congestion or compromise highway safety. 26. As the proposal would provide similar parking and access arrangements to the previously approved scheme considered acceptable, it would have no adverse impact on the local highway network or result in any significant pressure on existing on street parking to the detriment of the amenity of the surrounding area. As such, the proposal is considered to be in accordance with Policy 6.13 of the London Plan and Policies DM9 and DM10 of the LDF Core Strategy.

Trees

27. Policy DM10 of the LDF Core Strategy states that the Council will expect new development to ensure that trees that are important to the character of the area or covered by Tree Preservation Orders are not adversely affected. Where trees are to be lost through development the Council will normally require the planting of two specimens for each tree lost.

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28. There are no trees that would be removed as part of the changes proposed. Details of the landscaping of the development pursuant to Condition 27 have previously been agreed with the Council's Trees and Landscape Section under application 11/10294/COND. These include the planting of 8 trees along the frontage of the site along a newly created pavement to increase the visual attractiveness of the public realm in this part of Ewell Road. Along Red Lion Road raised planters are proposed alongside the commercial unit. Within the site the roofs of the car ports along the boundary with No.4 Red Lion Road will have green roofs and a green wall is proposed on the end elevation that faces down Red Lion Road. 29. Subject to a condition requiring the development to be built in accordance with the agreed landscaping scheme, the proposal is considered to be in accordance with Policy DM10 of the LDF Core Strategy.

Legal Agreements

30. The proposal will require a deed of variation to the S106 legal agreement attached to planning permission 09/10155/FUL. The agreement will secure the following: (a) 15 Affordable Housing units comprising 10 units for Social Rent and 5 for Intermediate Housing. (b) Financial contribution of £55,500 towards education. (c) Highway Works - These will form part of a Section 278 Agreement to include: (i) Widen the public footway in Red Lion Road to a minimum of 2 metres. (ii) Provide a minimum width of 3 metres for public pedestrian use at the corner of Ewell Road/Red Lion Road where the pedestrian crossing point is located. Include all necessary alterations to the existing public footway needed to avoid obstruction, (being caused by the building columns), to the route for pedestrians and wheelchair users crossing the road at the dropped kerb. (iii) Reinstate existing vehicular crossing in Ewell Road and provide new vehicular crossing of the "raised table entry treatment" type in Red Lion Road. (iv) Resurface/repave the footways on the Ewell Road and Red Lion Road frontages of the site. (v) Re-level the public footways, particularly at the corner of Red Lion Road and Ewell Road, to improve the cross fall to 1 in 40 and to give a 125 mm kerb face above existing channel level. (The finished floor levels of the building to be designed accordingly.) (vi) Where the development abuts Twyford Parade, provide a continuous public footway of 2 metres minimum width to form a link crossing the corner of the development site from the south west footway of Twyford Parade, (nearest the shops), to the Ewell Road footway. (vii) Any necessary alterations to, or diversion of, Statutory Undertakers' plant and equipment. (viii) The installation of tree pits and street trees. (ix) The relocation of the bus shelter on Ewell Road; and (x) Any incidental or consequential works. (d) Financial Contribution of £50,000 towards Environmental Improvements to the public realm in connection with the Tolworth Project and around A28

the site and also improved linkages across Ewell Road to Alexandra Park. (e) The provision of a Car Club parking space within the development for the use of the residents. Sustainability

31. The proposed development proposes to deliver Code for Sustainable Homes Level 3 rating for all residential units through the inclusion of energy efficiency measures, sustainable design and on-site renewable energy. Given the proposal is for a minor material amendment to the previously approved scheme it raises no new concerns with respect to sustainability. Other Material Considerations

32. There are no other material considerations in respect of this application.

Reason for Approval

33. The design, scale and mass of the proposed development would sit comfortably with surrounding properties and would not significantly detract from the character of the area, the amenities of surrounding occupiers or have any adverse impact on highway safety. Accordingly the proposal complies with Policies 3.5 and 6.13 of the London Plan and Policies CS3, CS8, DM1, DM3, DM6, DM8, DM9, DM10, DM11, DM13, DM15, DM20 and IMP3 of the Local Development Framework Core Strategy, Adopted April 2012.

Recommendation :

Approve subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended), as specified in the above legal agreements section, and the following conditions:

1 The development hereby permitted shall be carried out in accordance with the following approved plans: 12-2119-100 Rev C - Proposed Site Plan, 12-2119- 101 Rev C - Proposed Ground Floor Plan, 12-2119-102 Rev B - Proposed First Floor Plan, 12-2119-103 Rev B - Proposed Second Floor Plan, 12-2119-104 Rev B - Proposed Third Floor Plan, 12-2119-105 Rev B - Proposed Roof Plan, 12-2119-201 Rev B - Proposed Front Elevation, 12-2119-202 Rev B - Proposed Rear Elevation, 12-2119-203 Rev A - Sections A, B & C, 12-2119-204 Rev A - Sections D & E, 11-2074-255 - Proposed Screen Wall to Boundary with No. 4 - Option A, 11-014/300 - Engineering Layout, 11-014/302 - External Works Layout, 11-014/303 - External Works Construction Details, The Residential Travel Plan (dated 22.12.11), Schedule of External Finishes (Dec 11), Summary Sheet of Main Facing Materials (19.03.12), RBA Acoustic letter (dated 01 December 2011), Construction Management Plan (dated November 2011) and Traffic Management Plan GTCS/RLT/SL01 (dated 13.04.12). Reason: For avoidance of doubt and in the interests of proper planning. 2 The materials, colour and texture of the external finish of the building shall be constructed in accordance with the Schedule of External Finishes (Dec 11) and

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Summary Sheet of Main Facing Materials (19.03.12), unless otherwise approved in writing by the Local Planning Authority. Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 3 Before the first occupation of the development the following details shall be submitted to and approved in writing by the local planning authority: · Layout of the car parking, servicing and manoeuvring areas; · Details of surfacing materials; and · Control measures for the resident and visitor spaces, including the sliding gate to the residential car park and the arrangements for access by visitors and for deliveries. The respective areas shall then be managed in accordance with these details and shall be kept free from obstruction at all times, and shall not thereafter be used for any other purposes other than those shown on the approved drawing. Reason: To ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety on adjoining highways and that adequate parking servicing and manoeuvring provision is made in accordance with Policies DM9 (Managing Vehicle Use for New Development) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 4 The existing access to the site from Ewell Road; shall be permanently stopped up and extinguished before the use hereby permitted is commenced. Reason: In the interests of amenity and vehicular and pedestrian safety in accordance with Policies DM9 (Managing Vehicle Use for New Development) and DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 5 Any works/events carried out either by, or at the behest of, the developer, whether they are located on, or affecting a prospectively maintainable highway, as defined under Section 87 of the New Roads and Street Works Act 1991, or on or affecting the public highway, shall be co-ordinated under the requirements of the New Roads and Street Works Act 1991 and the Traffic management Act 2004 and licensed accordingly in order to secure the expeditious movement of traffic by minimising disruption to users of the highway network in Kingston upon Thames. Any such works or events commissioned by the developer and particularly those involving the connection of any utility to the site, shall be co- ordinated by them in liaison with the Royal Borough of Kingston upon Thames, Street Works Section, (telephone 020 8547 5982). This must take place at least one month in advance of the works and particularly to ensure that statutory undertaker connections/supplies to the site are co-ordinated to take place wherever possible at the same time. Reason: In order to minimise disruption to road users, be they pedestrians or vehicular traffic, under the requirements of the New Roads and Street Works Act 1991 and the Traffic Management Act 2004. In order to satisfy the licensing requirements of the Highways Act 1980.

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6 Notwithstanding the details on the approved plans details of the car ports shall be submitted to and approved in writing by the Local Planning Authority and the works carried out in accordance with the details approved. Reason: To ensure that the car parking spaces provided are accessible to all users and to ensure compliance with DM9 (Managing Vehicle Use for New Development) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 7 The Residential Travel Plan (dated 22.12.11) shall be implemented in accordance with these details, unless otherwise approved in writing by the Local Planning Authority. Reason: To ensure that the development promotes sustainable methods of travel in accordance with Policies CS5 (Reducing the Need to Travel) and CS6 (Sustainable Travel) of the LDF Core Strategy Adopted April 2012. 8 Prior to the occupation of the commercial units a strategy for informing staff and visitors of the commercial units about the range of options available for travelling to the site, and for encouraging the use of alternatives to the private car, shall be implemented in accordance with details to be submitted to, and approved in writing by the Local Planning Authority. Reason: To reduce car usage and in accordance with Policies CS5 (Reducing the Need to Travel) and CS6 (Sustainable Travel) of the LDF Core Strategy Adopted April 2012. 9 Before the first occupation of the development full details of the proposed cycle store and racks should be submitted for the approval of the Local Planning Authority including management arrangements for achieving secure entry to the store. The store and racks shall be retained for this use for the lifetime of the development. Reason: To ensure satisfactory cycle facilities to meet the needs of the development are provided in accordance with Policy DM10 (Design Requirements for New Developments (including House Extensions) of the LDF Core Strategy, Adopted April 2012. 10 By the time the development hereby permitted is substantially complete, pedestrian/vehicular intervisibility splays of 2.8m x 3.3m shall have been provided in each direction where the access meets the back edge of footway, and shall be permanently retained free from any obstruction to visibility higher than 1.0m above ground level. Reason: To maintain pedestrian/vehicular intervisibility in the interest of highway safety in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 11 All plant and machinery shall be enclosed and soundproofed in accordance with a scheme which shall have been submitted to and approved in writing by the Local Planning Authority. Such sound insulation shall be provided before the plant and machinery is brought into use and thereafter permanently retained. Reason: In order to secure a reduction in the noise emanating there from and in the interests of the residential amenities of the area in accordance with Policy DM10 (Design Requirements for New Developments including House

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Extensions) of the LDF Core Strategy Adopted April 2012. 12 All works on site shall take place in accordance with the Construction Management Plan (dated November 2011) and Traffic Management Plan GTCS/RLT/SL01 (dated 13.04.12) unless otherwise approved in writing by the Local Planning Authority. Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policies DM9 (Managing Vehicle Use for New Development) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 13 The site and building works required to implement the development shall be only carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 08.00 and 13.00 on Saturdays and not at all on Bank Holidays and Sundays. Reason: To safeguard the amenities of the adjoining residential occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 14 No fans, louvres, ducts or other external plant other than those shown on the drawings hereby approved shall be installed without the prior written approval of the Local Planning Authority. Reason: To safeguard the amenities of the occupiers of the neighbouring properties and the visual amenities of the area in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 15 The commercial premises shall not be used for the purposes hereby permitted before 8am; or after 11pm; Monday to Saturday or before 9am; or after 11pm Sundays or Bank Holidays. Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 16 No servicing or delivering to the commercial units shall take place within the site before 8am or after 6 pm Monday to Saturday nor at any time on a Sunday or Bank Holiday. Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 17 No external lighting shall be installed without the prior written approval of the Local Planning Authority. Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 18 The acoustic segregation scheme of the residential units from the ground floor

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commercial units shall be implemented before the buildings are first occupied in accordance with the details set out in the RBA Acoustic letter (dated 01 December 2011) and thereafter permanently retained, unless otherwise approved in writing by the Local Planning Authority. Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 19 The rating level of the noise emitted from the plant located on the premises shall be at least 5dBA lower than the existing background noise level at any given time of operation. The noise levels shall be determined 1m externally to any window at the nearest residential facade. The measurements shall be made according to BS4142:1997. Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 20 Any ventilation duct shall extend at least to the main eaves level or above the level of any adjacent windows. Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 21 Before the first occupation of the commercial units by any catering establishment details of a fat trap shall be submitted to and approved by the Local Planning Authority. The fat traps shall then be installed in accordance with the approved details and maintained in perpetuity Reason: To ensure that the development includes mechanisms for dealing with fat from the commercial properties to safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 22 The commercial premises shall be used only as A1, A2, A3 or A4 uses of the Town and Country Planning (Use Classes) Order 1987, or succeeding legislation as detailed on plan 4119 D 11. Reason: To ensure that retail uses are in keeping with the residential uses above and to ensure compliance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 23 The garden area as shown on the approved drawings shall be permanently retained as open amenity space for the use of all the occupiers of all flats in the building and for no other purpose. Notwithstanding the provisions of Class A of Part 2 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, (or any other Order revoking or re-enacting this Order), no walls, fences or any other means of enclosure whatsoever shall be erected so as to subdivide the amenity area shown on the approved drawing.

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Reason: To ensure the satisfactory provision and retention of amenity space for use by all the occupiers of the flats as approved in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 24 Before the first occupation of the development a landscaping scheme including, where applicable, the retention of the existing trees and replacements for any trees removed shall have been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme should also include the following: (1) Details of permeable surfacing to the car park areas adjacent to the tree planting. (2) Construction detail to be specified and agreed to allow for trees in the various locations indicated, including the boundary wall and car park entrance and including the street trees. (3) Details of the planter construction and planting medium, including the area along the base of the 'green walls'. (4) Details of the rainwater recycling in relation to watering plants on roofs and above ground planters. (5) A maintenance schedule and long term maintenance duties to be provided with details of long term management company or other financial provision of execution. (6) Details for pre-planting preparation, soil provision, planting methodology, plant numbers, species and sizes, time of planting, planting densities and establishment maintenance. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only. Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 25 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. The area shown to be landscaped shall be permanently retained for that purpose only. Reason: To ensure that these works are properly implemented and maintained and in the interest of visual amenity in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF

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Core Strategy Adopted April 2012. 26 The Sustainable Urban Drainage System (SUDS) for the car parking areas shall be carried out in accordance with the details on drawings 11-014/300 Engineering Layout and 11-014/302 External Works Layout and maintained for the lifetime of the development. Reason: To prevent the increased risk of flooding in accordance with Policy CS1 (Climate Change Mitigation) of the LDF Core Strategy Adopted April 2012. 27 The brick boundary / acoustic wall along the boundary with No.4 Red Lion Road shall be constructed in accordance with details on drawing 11-2074-255 Proposed Screen Wall to Boundary with No. 4 - Option A and maintained in perpetuity unless otherwise approved in writing by the Local Planning Authority. Reason: To ensure that the amenity of the residents are protected and to ensure compliance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 28 Before the first occupation of the development a waste management plan detailing the control measures for the residential and commercial waste shall be submitted to approved in writing by the Local Planning Authority. The agreed management plan shall then be carried out in accordance with these details unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that satisfactory measures for dealing with waste to meet the needs of the different users of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

Informatives

1 It will be necessary as a result of this development for works to be carried out to the existing highway network at Ewell Road and Red Lion Road; The developer will be required to enter into an Agreement under Section 278 of the Highways Act 1980 to ensure that this work is undertaken prior to the occupation of the development. 2 Any vehicular crossing must be constructed and any redundant crossing reinstated as footway in accordance with the provisions of the Highways Act, 1980 by the Service Director (Planning & Transportation) (Highways), Directorate of Environmental Services, Guildhall II, Kingston upon Thames. 3 Any vehicular crossing must be constructed in accordance with the provisions of the Highways Act 1980 by the Service Director (Planning & Transportation) (Highways), Directorate of Environmental Services, Guildhall II, Kingston upon Thames. 4 Planning permission does not assume availability of Public Sewers, or their adequate capacities. The applicant is advised to contact Thames Water Utilities. 5 The applicant should consult with the Borough Environmental Health Officer to ensure that the layout of any food premises complies with statutory requirements and the Council's standards.

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6 An application to this Council is necessary for Consent under the Town and Country Planning (Control of Advertisement) Regulations 1992 in respect of any proposed illuminated signs. 7 This Decision Notice grants permission under the provisions of the Town and Country Planning Act 1990 but does not bestow consent to open up the highway. In this connection the applicants are required to notify the Council of the proposed installation(s) and generally comply with the provisions of the New Roads and Street Works Act 1991. 8 The applicant should consult with the Borough Environmental Health Officer to ensure that the layout of any food premises complies with statutory requirements and the Council's standards. 9 You are advised that this planning permission has an accompanying Planning Obligation/Legal agreement which, inter alia, requires the payment of financial contributions towards education and environmental improvement works.

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Development Control Committee Date of Meeting: 26/03/2013

A3 Register No : 13/12022/FUL Address : LAND AT 1 PENRHYN ROAD, KINGSTON UPON THAMES, KT1 2BT

(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285. [Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

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Ward : Grove Description of Proposal : Redevelopment of site to provide part three part four part five storey building for a mixed use scheme comprising 145sqm (GIA) of D1 (Education and Community Use) with ancillary student accommodation, cycle parking and landscaping and 115 self contained student accommodation units on the upper storeys. Plan Type : Full Application Expiry Date : 17/04/2013

Applicant's Plan Nos :

(20)-100 P01 Penrhyn Road Elevation Received 08/03/2013 (20)-101 P01 Rear Elevation Received 08/03/2013 (20)-102 P01 Hogsmill Walk Elevation Received 08/03/2013 (20)-103 P01 North Elevation Received 08/03/2013 Application Form Received 16/01/2013 Archaeological Desk Based Assessment Ref: Received 13/02/2013 DH/KB/15027 Bird Habitat Enhancements Report Received 15/02/2013 Construction Logistics Plan Received 16/01/2013 D0-001 P2 - Location Plan Received 16/01/2013 D0-002 P2 - Site Location Plan Received 16/01/2013 D0-003 P2 - Site Plan Received 16/01/2013 D0-099 P4 - Lower Ground Floor Plan Received 16/01/2013 D0-100 P4 Ground Floor Plan Received 16/01/2013 D0-101 P4 - First Floor Plan Received 16/01/2013 D0-102 P4 - Second Floor Plan Received 16/01/2013 D0-103 P4 - Third Floor Plan Received 16/01/2013 D0-104 P4 Fourth Floor Plan Received 16/01/2013 D0-105 P4 - Roof Floor Plan Received 16/01/2013 D0-220 P3 - Proposed Coloured Elevations A-B Received 16/01/2013 D0-221 P3 - Proposed Coloured Elevations C-D Received 16/01/2013 D0-223 P3 - Proposed Coloured Elevation A Detail Received 16/01/2013 D0-300 P4 - Sections Received 16/01/2013 D0-301 P4 - Sections Received 16/01/2013 D0-302 P4 – Section FF Received 16/01/2013 Daylight and Sunlight Report Received 16/01/2013

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Design and Access Rev A Received 08/03/2013 Drawing 2 - Distances to Neighbouring Properties Received 21/02/2013 Energy Analysis Report Received 16/01/2013 Flood Risk Assessment Received 16/01/2013 Habitat Survey Received 16/01/2013 Hogsmill Walk Landscape Strategy Received 28/02/2013 Landscape Design Strategy 4th March 2013 Received 05/03/2013 Letter from Rolfe Judd Received 16/01/2013 Noise and Vibration Report Received 16/01/2013 Planning Statement Received 16/01/2013 Statement of Community Involvement Received 16/01/2013 Student Accommodation Needs Report Received 16/01/2013 Student Management Report Received 16/01/2013 Sustainability Report Received 16/01/2013 Townscape and Visual Assessment Report Received 16/01/2013 Transport Statement Received 16/01/2013

BASIC INFORMATION

National Planning Policy Framework (NPPF) 2012

Development Plan: London Plan July 2011 LDF Core Strategy Adopted April 2012

Policies K+20 KINGSTON TOWN CENTRE AREA ACTION PLAN K10 Town Centre Public Realm K14 The Hogsmill River K15 Town Centre Road Network K17 Pedestrian Environment K18 Cycling K21 Managing the Town Centre K23 S106 Planning Obligations Developer Cont K24 Flood Risk Management K7 Housing K9 Design Quality in the Town Centre

LONDON PLAN JULY 2012 LP 2.6 Outer London: vision and strategy LP 2.7 Outer London: economy LP 2.8 Outer London: transport

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LP 3.11 Affordable housing targets LP 3.18 Education facilities LP 3.3 Increasing housing supply LP 3.4 Optimising housing potential LP 3.5 Quality and design of housing development LP 4.1 Developing London’s economy LP 5.1 Climate change mitigation LP 5.12 Flood risk management LP 5.13 Sustainable drainage LP 5.18 Construction, excavation and demolition LP 5.2 Minimising carbon dioxide emissions LP 5.21 Contaminated land LP 5.3 Sustainable design and construction LP 5.5 Decentralised energy networks LP 5.6 Decentralised energy in development prop LP 5.7 Renewable energy LP 6.1 Strategic approach LP 6.10 Walking LP 6.13 Parking LP 6.9 Cycling LP 7.14 Improving air quality LP 7.19 Biodiversity and access to nature LP 7.3 Designing out crime LP 7.6 Architecture LP 8.2 Planning obligations LP 8.3 Community infrastructure levy

LDF CORE STRATEGY CORE POLICIES CS 01 Climate Change Mitigation CS 02 Climate Change Adaptation CS 03 The Natural and Green Environment CS 05 Reducing the Need to Travel CS 06 Sustainable Travel CS 07 Managing Vehicle Use CS 08 Character, Heritage and Design CS 15 Future Needs of Kingston University, Kin CS 16 Community Facilities

LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM01 Sustainable Design and Construction Stan DM03 Designing for Changing Climate DM04 Water Management and Flood Risk DM06 Biodiversity DM08 Sustainable Transport for new Development DM09 Managing Vehicle Use for New Development DM10 Design Requirements for New Developments DM11 Design Approach DM12 Development in Conservation Areas and Af DM24 Protection and Provision of Community Facilities

LDF CORE STRATEGY IMPLEMENT POLICIES A40

IMP3 Securing Infrastructure

Previous Relevant History

09/12073/FUL Use as D1 (Non-residential institutions - Permit with conditions education) 22/04/2009

12/12291/FUL Redevelopment of site to provide part Refuse Full Application three/four/five storey building comprising 12/11/2012 Class A1(shops), A2 (financial & professional services), A3 (restaurants & cafes) or B1 (offices) with ancillary student accommodation, cycle parking and landscaping and 116 self contained student accommodation units at 1st to 4th floor level.

Consultations

1. Neighbour Notification - 249 surrounding owner/occupiers have been consulted along with the display of a site notice and a press notice. 64 responses have been received objecting to the proposals along with 20 letters of support. 30 of these objection letters were pro-forma responses from residents of Edinburgh Court. Concerns raised within these responses include: (a) The application has not been amended significantly to overcome the previous reasons for refusal. (b) The building is too large and out of scale within the surrounding area. (c) The proposal represents an overdevelopment of the site. (d) The proposed building is unattractive and urbanises an Historic Town. The architecture of the proposed building has no aesthetic sympathy for the local architectural heritage of the town. 'Croydonising' effect. (e) Loss of privacy and direct overlooking into residential gardens and dwellings. (f) Loss of daylight/sunlight to surrounding properties. (g) Too many students would be concentrated in one area. (h) Increase in noise and general disturbance to the detriment of residential amenity (i) Increase in litter. (j) The proposal would be detrimental to wildlife, particularly birds and bats. (k) Loss of educational space. (l) The view from windows in Edinburgh Court would be lost and replaced with a brick building.

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2. Neighbourhood Traffic Engineer - No objection, subject to conditions. 3. Tree and Landscape Officer - Fully support the proposals, subject to final details of the landscaping scheme being secured by condition. 4. Environmental Health Officer - No objection, subject to conditions relating to acoustic controls, lighting, land contamination studies, air quality and construction management plans. 5. Carbon Reduction & Sustainability Officer - No objection. 6. Council CCTV Officer - It would not be appropriate for the developer to provide CCTV to specifically cover public highway. Nevertheless, installing a CCTV system with the potential to link the Council’s system at a later date, if necessary, or advantageous would be advantageous. 7. Environment Agency – No objection, subject to conditions. 8. English Heritage - No objections, subject to conditions relating to archaeology. 9. London Fire & Emergency Planning Authority - Details for fire fighting purposes are considered under Building Control legislation. 10. Kingston University - No comment as it would prejudice their procurement procedures for halls of residence. 11. UK Power Networks - No objection.

STATEMENT OF COMMUNITY INVOLVEMENT 12. As part of the planning application, a Statement of Community Involvement has been included to demonstrate that the applicant has undertaken work to consult with and include residents within the design process of this submission. Methods of engagement included: (a) Two public consultation meetings were undertaken for the original proposal (LPA ref: 12/12291/FUL). The first was a meeting held at Edinburgh Court with the residents of Edinburgh Court and the neighbouring residential properties including Watersplash Close, Denmark Hill, Palmer Crescent and Grange Road on Monday 19 March 2012. The second public consultation meeting was undertaken with local residents on 23 May 2012 at Edinburgh Court to discuss the changes that had been made to the scheme proposal in response to the initial consultation. (b) An information leaflet regarding the new scheme proposal being delivered to all properties in the surrounding roads including Watersplash Close, Palmer Crescent, Grange Road, Denmark Road, Knights Park, Avenue Road and Mill Street. (c) An exhibition was held on Monday the 7th January 2012 from 15:00-20:30 to enable residents to attend at a suitable time around any existing commitments. 27 residents attended over the course of the evening. (d) A number of individual meetings with local residents has taken place. 13. At the time of submission, the applicant had only received one written response to their consultation as the majority of people that attended the exhibition gave concerns verbally. This one response detailed : (a) Concerns over design being suitable for area, believes building looks like

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an office block. Wishes building to be lower, with pitched roof. (b) Would like the Hogsmill Way to have been extended. (c) No great issue with students living on site, do not believe this will create additional problems. 14. On 25 th February 2013 a further statement of community consultation was submitted setting out details of the applicant meeting with the community and local residents to discuss their concerns. As a result of this the applicant has provisionally agreed to carryout landscaping works to the rear of some gardens in Palmer Crescent and undertake public realm improvements to the Hogsmill Walk.

Site and Surroundings

15. The application site concerns a former petrol station and car sales/car repairs workshop on the eastern side of Penrhyn Road, opposite the roundabout junction with Wheatfield Way and Kingston Hall Road. The site contains a number of single storey buildings and a car park which are currently occupied and used by Kingston College. In 2009 the site was the subject of a planning permission (ref: 09/12073/FUL) for the change of use from the car sales/repair workshop to D1 (non-residential institution). 16. The application site forms part of a primary gateway from the south into Kingston Town Centre and is located along the southern bank of the Hogsmill River. Whilst the application site itself is not with the boundaries of a conservation area the Fairfield/Knights Park Conservation Area is to the east and northeast of the site, across the Hogsmill. The surrounding area is a mix of residential, educational and commercial uses. Directly to the south is Edinburgh Court, a sheltered home for the elderly; to the south east are two storey residential dwellings on Watersplash Close; to the east and northeast are two storey residential dwellings on Palmer Crescent and Grange Road; to the north is a 3 storey office accommodation block within No 1 Wheatfield Way; to the north west is Unilever House, a large 8 storey office block; to the west is the Kingston College campus; and to the south west is the Council owned Bittoms Car Park and Kingston Crown Court. 17. The application site has a Public Transport Accessibility Level (PTAL) of 4 (Good)/5 (Very Good). The surrounding area is entirely covered by a Controlled Parking Zone (CPZ). 18. The application site falls within flood zones 3b (functional floodplain) and 3a (high probability of flooding).

Proposal

19. The proposal relates to the redevelopment of the site to provide a part three, part four, part five storey building for a mixed use scheme comprising 145 sqm (GIA) of D1 (Education and Community Use) with ancillary student accommodation, cycle parking and landscaping and 115 self contained student accommodation units on the upper storey's. 20. The site would be accessed off the eastern side of Penrhyn Road by pedestrians and vehicles. Vehicles would enter through an underpass into a courtyard whereby servicing of the units can take place. This courtyard would also provide parking facilities for students moving in and out of their accommodation. Cycle A43

parking is also proposed within the outdoor space. 21. The existing buildings on the site consist of an existing gross external area of 720 sq m. The application proposes the re-provision of 145 sq m of D1 floorspace. This equates to an overall loss of D1 floorspace of 575 sq m. 22. The ground floor of the building would be divided in two separate parts. This would comprise 145 sq m of educational floorspace (Use Class D1) to the northern part of the site. To the southern part of the site, the building would comprise the student accommodation element. This includes a reception, security office, communal amenity space, lifts, laundry, refuse store and 5 bedrooms. The upper floors would comprise of 115 student bedrooms only. The proposed building would also have a basement plant room. 23. The proposed building would have a frontage length of 50 m along the eastern side of Penrhyn Road. The southern elevation, facing Edinburgh Court, would have a length of 27.5 m. The three storey height of the building from ground level would be 10.92 m; the four storey element would be 13.76 m and the fifth storey 16.93 m. The proposed fourth and fifth floors would have partial sets backs from both the Penrhyn Road and southern elevations. 24. A fully worked up and comprehensive landscaping scheme has also been submitted as part of this planning application. The main features of this are: (a) landscaped buffer zone to the Hogsmill River to include raised gabion planters, climbing plants up a 2.1 m high fence and Kingfisher habitat. (b) Street tree planting to include 5 Gingko trees and a Liquidambar in the square. 25. A grove of trees along the southern area of the site, separating the proposed building from the Hogsmill Walk and Edinburgh Court. Tree planting would consist of multi-stem Silver Birch with long grasses. Planning History 26. Relevant historic planning applications on the site include: (a) 09/12073/FUL - Change of use from car showroom to a D1 (Non-residential institutions - education). This was approved in April 2009. (b) 12/12291/FUL - Redevelopment of site to provide part three/four/five storey building comprising Class A1(shops), A2 (financial & professional services), A3 (restaurants & cafes) or B1 (offices) with ancillary student accommodation, cycle parking and landscaping and 116 self contained student accommodation units at 1st to 4th floor level. This was refused in November 2012, for the following reasons: (i) The proposed building, by reason of its scale and siting would form an overbearing and dominant structure when viewed from the rear windows and garden of Edinburgh Court and Watersplash Close which would result in the loss of outlook and privacy to the detriment of residential amenity. The proposal therefore fails to accord with Policy DM10 of the Royal Borough of Kingston upon Thames LDF Core Strategy (Adopted April 2012). (ii) The proposed development by reason of its design, scale and massing would have a detrimental effect on the character and appearance of

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Penrhyn Road and the immediate vicinity. The proposal therefore fails to accord with Policy CS8, DM10 & DM11 of the Royal Borough of Kingston upon Thames LDF Core Strategy (Adopted April 2012) and Policy K9 of the Kingston Town Centre Area Action Plan (Adopted July 2008). (iii) The proposed development would result in the loss of a site used for education purposes and would therefore be contrary to Policies CS16 and DM24 of the Royal Borough of Kingston upon Thames LDF Core Strategy (Adopted April 2012). 27. This application seeks to address the three reasons for refusal of planning permission 12/12291/FUL.

Assessment

The main considerations material to the determination of this application are:

• Principle of Proposed Development • Impact on Character of Area • Impact on Neighbour’s Residential Amenity • Highways and Parking • Trees • Legal Agreements • Sustainability • Other Material Considerations

Principle of Proposed Development

28. The existing use of the site is for educational purposes for Kingston College. Educational uses falls within the definition of a community use and therefore its loss will need to satisfy the tests of Policy DM24 of the Councils LDF Core Strategy. The application seeks to re-provide an element of D1 use on the site but there would be a loss of 575 sq m. 29. Policy DM24 states that the Council will resist the net loss of community facilities unless: (a) there is sufficient evidence to suggest the facility is no longer needed; (b) where appropriate, it has been vacant an marketed for a community use without success; or (c) it can be re-provided elsewhere or in a different way. 30. Kingston College currently owns the site and uses it for motor vehicle training courses. However, the College have stated that the site no longer provides adequate facilities for which they require. In December 2011 Kingston College secured government approval for the establishment of a formal federation with Carshalton College in the London Borough of Sutton. As part of this merger Kingston College are upgrading and assessing their sites and state that they no longer require this site. A letter from Kingston College to the Council has been included in the applicants Planning Statement. Within this it is stated that "The Penrhyn Road site was, at the time of its acquisition, a useful addition to the College's estate and has supported a range of engineering activity. A45

However, with engineering and construction identified as a key development area for the Federation between Kingston College and Carshalton College the Penrhyn Road site is far too small to offer a solution to this element of the Federation's plans and alternative sites are being explored". 31. This letter from the Strategic Accommodation Director of Kingston College sets out the objectives of their 'REVIVE' (Renewing the Estate for Versatility, Inspiration, Variety and Excellence) accommodation strategy. This letter summarises that the College do not consider that the site is fit for their purposes moving forward. As such, evidence has been provided to suggest that the facility is no longer needed by the College. It has also been demonstrated that the educational use would be continued, albeit on another site, albeit not within Kingston Town Centre. 32. With regards to the re-provision of D1 floor space, the applicant has started to market the ground floor 145 sq m unit. The proposed educational space at 1 Penrhyn Road has been marketed to the following educational institutions within RBKT: (a) Kingston University (b) Kingston College (c) Hillcroft College (d) Redwood Education (e) Business Training Enterprises 33. Of the above institutions, Kingston College have re-confirmed that they have no requirement for this space as they intend to consolidate their facilities on the main Kingston Hall Road and Richmond Road sites. Responses are awaited from the other 4 educational institutions. However, the applicant has stated that positive talks remain on-going with Kingston University. 34. Given that Kingston College have provided evidence which suggests that the educational use of the site is no longer needed, have demonstrated that their existing operations will continue on another site, and that the proposal re - provides an area of D1 use, which has been offered to local educational institutions, it is considered that the proposal accords with Policy DM24 of the Councils LDF Core Strategy. 35. The provision of student accommodation is consistent with land use objectives. Policy CS15 of the Core Strategy states that "The Council recognises the shortfall of managed student accommodation for Kingston University and the impact that this has on the local housing market. The Council will continue to work with the university to help deliver suitable managed student accommodation..." The Core Strategy states in para. 6.164 that "The Council and University have identified a need for an additional 2,500 managed student bedspaces. Provision has been made for around 500 bedspaces within Kingston Town Centre and for 300 bedspaces within the Hogsmill Valley adjoining the existing Clayhill Campus. There is a remaining need for 1700 bedspaces. Whilst the university's preference is for the future provision of sites with at least 200 bedspaces, smaller sites have a role to play and the potential to contribute towards meeting the needs for managed student accommodation. Sites should be suitably located, with good access to

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existing campus..." 36. The London Plan also notes that the importance that London universities potential growth is not compromised by inadequate provision for new student accommodation. It notes also the uncertainties over future growth in the London student population and its accommodation needs, also that new provision may reduce pressure on other elements of the housing stock currently occupied by students, especially in the private rented sector. 37. Kingston University's accommodation strategy is subject to the EU Procurement Regulations (OJEU) process. The University have issued a Published Prior Information Notice of 23 November 2011 (PIN) advising that they are seeking approximately 1,250 additional bedspaces to serve as student halls of accommodation. Individual sites are expected to typically accommodate a minimum of 200 bedspaces, and completed development should be deliverable by or before August 2014. Bidders will be required to provide the site, accommodation and potentially property management services. 38. On 28 June 2012 the University published a further Information Notice for Student Accommodation Provision. It confirms that the University Accommodation Strategy 2011-2014 is seeking an additional 2,500 units through direct provision and through agreement with private developers. It recognises that given the limited amount of available building space within the borough, that halls of residence may be built to all sizes and scales in various locations, categorised as small (up to 100 student rooms), medium (100 to 400 rooms) and large (more than 400 rooms). It specifies that for "Medium" scaled hall proposals such as currently proposed) the facilities should "ideally consist of cluster flats of between four and eight bedrooms with some studio provision also possible." 39. Kingston University (KU) currently has around 2,700 'managed' student bedspaces. The overall University student population is in the region of 20,000. Since 2003/04, its aim is to provide a bedspace in managed student accommodation for all 1st year students (mainly undergraduates) who need one. In addition, KU leases around 150 houses (circa 600 bedspaces) for 2nd & 3rd year students from private landlords (Source: KU Student Residential Accommodation Strategy 2009/11). 40. The University (Feb 2011) reviewed the number of bedspaces in the light of the proposed changes to higher education and confirmed that 2,500 was still a requirement. Additional background information on Kingston University Student Accommodation Strategy, as based on the Council's response to the LDF Hearing (2011) is set out below: (a) Of those students eligible to apply for halls accommodation and who have unconditional firm offers, demand exceeds supply by approx 40% i.e. in 2010 there were over 3,500 applications for around 2,500 halls places. (b) In 2010, there were over 400 students on the halls priority waiting list who qualified for a place, living over 10-15 miles away. (c) Over 2,200 students were refused halls places in 2010 because they lived within 10 miles of the University over half of which, given the choice, said they would take up a place if offered one to avoid lengthy and costly A47

travel. (d) Home and EU postgraduates are not eligible for places - over half of the EU students alone (approx 250) said they would apply for halls given the choice. (e) The figure sought only covers first year students but the reality is that many (approx 40%) 2nd and 3rd year students, given the choice, would opt to return to halls for the security and stability they offer. This has the potential to add a further 4,400. (f) Up to 150 non full year F/T students (student abroad exchanges etc) each year have to be put up in lodgings, a number of which could be put up in halls if places were available. (g) Adding all these together, potential demand could be >6,000 but KU consider 2,500 is reasonable and realistic bearing in mind possible drop in demand arising from the funding changes. (h) KU remains near the bottom of the rankings tables in terms of the number of bedspaces/students it offers compared to other universities in the London area. 41. It should be noted that some of the above figures date from 2010 and recent changes in legislation have resulted in changes in student numbers. The Planning Department is currently undertaking a review of student accommodation demand. Nevertheless, the University clearly have a demand for additional student accommodation. 42. The applicant has stated within the submitted Planning Statement that priority will be given to students of Kingston University when allocation for the bedspaces takes place. 43. Policy K7 of the K+20 AAP seeks the provision of 500 additional student bedspaces in managed student accommodation by 2020 within Kingston Town Centre. 129 bedspaces have been provided through the development of Quebec House, 64 through the change of use of Greencoat House and 87 through the redevelopment of 3-5 Penrhyn Road). In total this equates to 280 bedspaces, although it is noted that the development at 3-5 Penrhyn Road has not been implemented. 44. The application site falls within flood zones 3a & 3b. Residential student accommodation is classified as 'more vulnerable' development within the Technical Guidance to the NPPF. Table 3 of the Technical Guidance to the NPPF states that within flood zone 3b only water compatible development is appropriate and an exception test is required for essential infrastructure. Within flood zone 3a an exception test is required for 'more vulnerable' development. 45. Policy DM4 (Water Management and Flood Risk) of the Councils Core Strategy states that the Council will consider development proposals in accordance with national guidance, the Borough Strategic Flood Risk Assessment (SFRA) and related studies including the surface water management plans. The Kingston Town Centre Area Action Plan (K+20) Policy K24 Flood Risk Management will be taken into consideration in the assessment of development proposals within Kingston Town Centre.

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46. Policy K24 (Flood Risk Management) states that Within Flood Zone 3b, functional floodplain, only water compatible uses and essential infrastructure will be permitted, unless the site specific recommendations in the SFRA state otherwise. Within flood zone 3a, Policy K24 goes on to state within High Risk Zone 3a, development proposals should include the flood mitigation measures set out below as an integral part of the design process: (a) Land use on the ground floor must be limited to non-residential uses (b) Floor levels must be situated above the 1% predicted maximum flood level plus climate change, incorporating an allowance for freeboard. (c) Safe escape routes must be provided for evacuation in times of flood (d) Access to basement areas must be situated above the predicted maximum flood level plus freeboard and all basements must be of a waterproof construction; (e) Development must not result in an increase in maximum flood levels within adjoining properties. 47. As part of their submission the applicant has included a Flood Risk Assessment (FRA) prepared by Contins Consulting (Dec 2012). The existing site is entirely hard surfaced with a building footprint of 720 sqm, the application proposes to reduction the building footprint to 662 sqm and introduce landscaped areas to the site. Flood risk measures proposed within the application include: (a) The external site levels will be kept similar to those that are currently on the site. As there is no increase in building footprint, there is no requirement to provide flood plain volume compensation; this has been confirmed by the Environment Agency (Appendix C of the FRA). (b) The ground floor level of the development is 7.4m AOD. The predicted fluvial flooding levels are higher than this level. For this reason the development has been designed to ensure that no residential uses are located below this level although there are some rooms on the ground floor level. (c) The responsible people involved with the general caretaking of the building are registered with the "Environment Agency Flood Warning Direct" system, where official flood warnings are sent via telephone, mobile, email, SMS text message and fax. 48. As part of the application, and in accordance with the NPPF, a sequential test has been provided within Appendix E of the Flood Risk Assessment by Curtins Consulting (February 2012). The application site has been compared to the Proposal Sites as set out within the K+20 Kingston Town Centre Area Action Plan. Looking at the sites that are yet to be developed the applicants state that the most appropriate for redevelopment as student accommodation would be: (a) 1 Penrhyn Road (the application site) (b) St James Area (Policy P4) which is within flood zone 3a (c) North West Corner of Fife Road and Wood Street (Policy P9) which is in flood zone 2. (d) Kingston Station (Policy P10) which is in flood zone 2. A49

49. Each of these sites has constraints for development. The applicant has rated the sites on scale of 1 - 10. The application site has been determined with a score of 9 where as sites P4 & P10 have been scored with 8 and site P9 has a score of 7. Whilst the applicant has demonstrated that student accommodation could potentially be provided on other sites within the town centre, the proposal also demonstrates that the application is also an acceptable site in terms of flood risk. 50. It should be noted that the planning application (ref: 12/12291/FUL) was not refused for flood risk reasons. 51. The Flood Risk Assessment has been assessed by the Environment Agency who have confirmed that the proposal is acceptable in terms of flood risk, subject to conditions. As such, it is considered that the proposal complies with Section 10 of the NPPF, Policy 5.12 of the London Plan, Policy DM4 of the Councils LDF Core Strategy and Policy K24 of the K+20 Kingston Town Centre AAP. 52. In conclusion, the principle of development of the application site for a building of residential student accommodation and D1 floorspace is considered to be acceptable, subject to compliance with other development plan policies.

Impact on Character of Area

53. The application site falls within Character Area 9 (Civic and Education) of the K+20 Kingston Town Centre Area Action Plan. The objectives of Character Area 9 are: (a) Provide enhanced facilities for public administration; the Police; HM Courts; Kingston University and Kingston College; (b) Improve the 'gateway' approach to the town centre along Penrhyn Road; (c) Environmental and public realm improvements; (d) Public Art at College Roundabout; and (e) Improvements to the Hogsmill River and the Hogsmill Walk. 54. The site is also adjacent to the Fairfield/Knights Park Conservation Area which lies to the north and east across the Hogsmill River. The Fairfield/Knights Park Conservation Area is an early suburb of Kingston Town Centre comprising houses of various sizes and designs dating mainly from the 1820's to 1900 around the Fairfield, a recreational open space since 1855. 55. The application site is also located in a gateway location (G4) as defined in the K+20 AAP. 56. Policy K10 (Town Centre Public Realm) states that 'the Council will pursue a high quality, well designed and well connected public realm, to improve the appearance and attractiveness of the town centre'. One way of doing this is to create attractive 'gateways' to mark and enhance the five main approaches to the town centre and the approach from the river to achieve a sense of arrival and identity. Paragraph 6.14 of the K+20 AAP states that 'environmental enhancements are required to the main approaches to the town centre to improve their appearance and create attractive gateways to achieve a sense of arrival and identity. Improvements including: signage, landscaping, high quality buildings, lighting, public art, public realm and highway improvements, A50

will be implemented as part of the Council's ongoing programme and through the implementation of development proposals along the approach routes to the town centre. Where appropriate, financial contributions will be sought towards these improvements, (by means of legal agreement) from development proposals in gateway locations. The approaches from the river will be enhanced by improved mooring facilities, signage and pedestrian links to the rest of the centre. 57. The urban grain surrounding the application site is varied in terms of its scale, design and land use. To the north of the site, across the Hogsmill River, is a two storey office building, No.1 Wheatfield Way. This building is in brick with a pitched roof and is in a 'modern vernacular' style, with some of the windows arranged in strips below gable ends, and a clock tower set above a central glass atrium. 58. To the north east of the site, across the Hogsmill River, are two storey dwellinghouses within the Fairfield/Knights Park Conservation Area. There is also two storey dwellinghouses to the south east of the site on Watersplash Close. 59. Edinburgh Court is located immediately south of the Site and Hogsmill Walk, on Penrhyn Road and continuing around the corner with Denmark Road. This is a four storey brick building with a pitched roof, in use as a residential home. 60. To the west of the site is Penrhyn Road and College Roundabout. At the north-west corner of the roundabout is a seven storey office block at 3 St James's Road, occupied by Unilever. The elevation facing the roundabout consists of a central blank brick-clad area with office accommodation to either side. 61. Buildings associated with Kingston College occupy the south-west corner of the roundabout. These are set back from the roundabout and Penrhyn Road behind a surface car park. A four storey brick building including a top mansard level is located closest to the road, with an 11 storey largely brick-clad building, the Kingston Hall Road Centre, located behind. 62. It is also noted that the Council have recently granted planning permission for a part 5, part 6 storey building of student accommodation at 3-5 Penrhyn Road.

Scale 63. The proposed building would be part 3/ part 4/ part 5 storey's in height and would be sited to front Penrhyn Road and the pedestrian pathway to the south. The building line along Penrhyn Road would have a length of approximately 50 m. The building would maintain a gap of 9.2 m to Edinburgh Court. The proposed educational unit would be cited within 600 mm of the back edge of the footway and the student halls of residence entrance and common room would be 4 metres, back from the footway and 2 m in front of the main elevation to Edinburgh Court. 64. The three storey height of the building from ground level would be 10.92 m, the four storey element would be 13.76 m and the fifth storey 16.93 m. Edinburgh Court to the south has an eaves height of 11.03 m and ridge height of 17.02 m. The proposed fourth and fifth floors would have partial sets backs

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from both the Penrhyn Road and southern elevations. 65. With regards to the scale of the Penrhyn Road elevations, the main change relates to the reduction in height of the southern 'book-end' feature which has decreased from four to three storeys. With regards to the scale of the main building from Penrhyn Road, very little has changed since the refusal of the previous application (12/12291/FUL). However, the applicant has sought to demonstrate that the proposed scale is acceptable by the submission of a Townscape and Visual Impact Report undertaken by Peter Stewart Consultancy. This report concludes that the proposed building would be a positive addition to the area and is acceptable from a townscape perspective. 66. From Penrhyn Road the proposed scale is considered to be acceptable in comparison of the existing context of the area. Edinburgh Court is a 4 storey building with a large roof profile and Kingston College, The Bittoms Car Park and Unilever House are all buildings of significant scale. Also, a number of concerns have been raised with regards to the scale of the building in comparison to the buildings located within the Fairfield/Knights Park Conservation Area. Palmer Crescent and Grange Road consist of 2 storey dwellinghouses. Whilst there would be direct views of the proposed building from the conservation area and the rear of these dwellings it is considered that the physical separation of the conservation area and the application site by the Hogsmill River results in a distance whereby the scale of the proposed building would not harm the setting or character of the Fairfield/Knights Park Conservation Area.

Appearance 67. The proposed building would sit at street level and would increase part of the width of the footpath along this stretch of Penrhyn and Denmark Roads. Wider paving areas would allow an active building frontage and would also be used for a number of street trees. A wider and 'greener' footway is desirable to enhance the street scene. The street trees would also provide a softening effect of the building when fully matured in the long term. 68. The proposed building is surrounded on all sides by either the public realm or residential accommodation. In an effort to reduce the mass of the elevation facing west, the applicant has appointed a fresh architect to reconsider the design of the facades of the building. The amended design takes a different approach from the refused scheme. Instead of developing a design based on the more anonymous ‘big block’ nature of this stretch of Penrhyn Road, this proposal ‘hangs on’ to the architectural quality of the Grove area behind the site. Whilst the footprint of the building remains large, the architectural treatment roots the building to the treasured architectural values of the Grove area behind the site. 69. Whilst keeping to the previous envelope and general arrangement, the new design refers to the Victorian grain of Grove in the breaking-up of the horizontal scale of the façade by introducing seven elements of terrace, articulated in shadow by stepping back, differentiated in texture by varied brick bonds, sizes, and colours, and in scale by subtle changes in dimension of the terrace bays. The previous design was criticised for the long, ground floor emphasising the horizontal scale of the building. To reduce this effect, the terraced bays run right down to the ground with wide brick piers running from A52

top to bottom of each bay, making the façade read as seven frontages rather than an upper mass above a ground floor mass. 70. The windows have been designed to have framed openings in the masonry, much as the houses in Grove, and they have been aligned vertically to reduce horizontal weight. To add depth and interest to the façade, as in the Grove houses, there is a range of opening proportions and fenestration design using common elements of their construction. 71. The top floor has been given a different material to visually disconnect it from the mass below, and to further reduce the apparent height of the building. The architectural language of the front continues around the sides and to the back of the building in a consistent though less flamboyant way. The two ends retain strong brick pier elements and the back façade continues the idea of the bays on the front terrace by maintaining similar brick textures and grain. 72. The redesigned elevations are considered to visually integrate the building into the ‘large’ block context of Penrhyn Road whilst providing an unusually fine grained, mannered façade reminiscent of the Victorian houses behind the site. The redesign would add visual interest to the building whilst reducing the horizontal and vertical scale of the mass. It would provide a touch of colour and animation at this prominent gateway, and enrich the character of Penrhyn Road. 73. Section 7 (Requiring Good Design) of the National Planning Policy Framework (NPPF) states that planning decisions 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. 74. Noting the existing character of the area, it is considered that there is no one distinctive design or architectural pattern in which the development should follow. It is also considered that the additional townscape analysis by Peter Stewart Consultancy provides a detailed review of the proposal and its impact upon the character and appearance of the area and street scene. Taking this into account, it is considered that the proposal would not harm the character or appearance of the area and streetscene and would respect the setting of the Fairfield/Knights Park Conservation Area. The proposal therefore complies with Section 7 of the NPPF and, Policies K9 & K10 of the K+20 AAP and Policies CS8, DM10, DM11 & DM12 of the Councils LDF Core Strategy (Adopted April 2012).

Impact on Neighbours’ Residential Amenity

75. The application site is surrounded by residential dwellings to the north, east and south. There are habitable room windows in the proposed building facing in an easterly, southerly, northerly and westerly direction. 76. The previous planning application (ref: 12/12291/FUL) was refused as it was considered to be overbearing when viewed from the rear windows and garden of Edinburgh Court and Watersplash Close which would result in the loss of outlook and privacy to the detriment of their residential amenities. 77. In support of the application a Daylight, Sunlight and Overshadowing Report

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(ref: 1038/D) has been submitted by Schroeders Begg Ltd (Chartered Building Surveyors). Edinburgh Court & Waltersplash Close 78. In order to address this reason for refusal the footprint and scale of the southern element of the building has been redesigned. In particular, amendments include: (a) Reduction in the length of the wing adjacent to Edinburgh Court and Watersplash Close by 6 metres. (b) Re-arrangement of the floor plans and windows designs to the rooms in the wing adjacent to Edinburgh Court and Watersplash Court to angle any direct line of sight away from the garden of Edinburgh Court. (c) Rearrangement of the location of the turning head for the service access road in order to eliminate any possibility of noise and disturbance to residents of Edinburgh Court and Watersplash Close. (d) Submission of landscaping proposals which would provide substantial mature landscaping buffer in the south-east corner of the applicant site reducing visibility from the site towards the gardens of Edinburgh Court and Watersplash Close. 79. The proposed amendments to the footprint of the proposed building mean that the building would not compromise the 45 degree test when taken from the nearest rear windows of Edinburgh Court. 80. To the south-east the proposed building would be 28 m from the rear of No 11 Watersplash Close. 81. To the south the proposed building would be separated to the northern flank elevation of Edinburgh Court by between 9.2 & 11.4 m. There are no primary habitable room windows within the northern flank elevation of Edinburgh Court. 82. Given the amendments to the footprint and scale of the building from application 12/12991/FUL, it is considered that the development would not have a detrimental impact upon the amenities of the residents of Edinburgh Court or Watersplash Close in terms of loss of outlook and privacy. 83. The windows within the northern elevation of Edinburgh Court are secondary windows to habitable rooms or windows to corridors. As such, they are not considered to be afforded protection in terms of daylight as the principal windows in the eastern and western elevation maintain an acceptable daylight provision. The windows are also north facing and as such would not be impacted upon in terms of loss of sunlight.

Palmer Crescent 84. To the north are the rear elevations and gardens of Palmer Crescent. The proposed building would be approximately 26 m from the rear of No 2, 24 - 27 m from the rear of No 4, 25 m from the rear of No 6 and 30 m to the rear of No 8 Palmer Crescent. At these distances it is considered that the proposal would not result in an undue loss of outlook from these properties as to warrant refusal of planning permission. The rear windows of these properties would maintain their outlook onto their gardens and the Hogsmill River. They would A54

also maintain a large proportion of the skyline given the distances to the main 4/5 storey element of the proposed building. Many of these rear gardens also contain a number of trees which would break up the appearance of the proposed building. 85. The submitted Daylight, Sunlight and Overshadowing Report submitted demonstrates that of 85 windows assessed of neighbouring properties, two windows within No 4 Palmer Crescent would not comply with BRE guidelines. The lower ground floor window of No 4 would have a proposed Vertical Sky Component (VSC) of 0.76 of its former value and the ground floor would have a proposed VSC of 0.77. 86. The BRE Guide states that the diffuse daylight test to an existing building is adversely affected in the proposed scenario if either: (a) The Vertical Sky Component (VSC) measured at the centre of an existing main window is less than 27%, and less than 0.8 times its former value (b) The area of the working plane in a room which can receive direct skylight is reduced to less than 0.8 times its former value. 87. Average Daylight Factors (ADF) have also been provided which demonstrate that the proposal would result in a reduced daylight distribution to the lower ground floor window of No.4 Palmer Crescent by 0.65 and by 0.77 to a small second floor window at No.2 Palmer Crescent. 88. With regards to sunlight, the submitted report demonstrates that the windows of all surrounding properties would maintain the minimum BRE sunlight requirements. 89. Whilst it is recognised that the proposal falls short of the BRE guidelines on daylight for No’s 2 & 4 Palmer Crescent, these guidelines are intended to be interpreted flexibly and the shortfall is considered to be marginal and would not warrant as a reason for refusal of this application. It is also noted that the previous application (ref: 12/12991/FUL) marginally fell below the BRE requirements and this was acknowledged to be acceptable.

Grange Road 90. To the east are the rear elevations of properties along Grange Road. The nearest element of the proposed building to one of these dwellings would be approximately 33 m. At this distance it is considered that the proposal would not result in the loss of outlook, daylight/sunlight or privacy to these properties.

Noise & Disturbance 91. Many concerns have been raised with regards to the general noise, disturbance and possible anti-social behaviour generated by students. However, it is not within the remit of the planning system to control peoples behaviours and there is other legislation to address any anti-social behaviour. Nevertheless, there are mitigation measures with good and proper management of the student accommodation which can reduce its impact. As part of this application, a Student Housing Management Plan from UNITE has been submitted. UNITE is a company that specifically manages student accommodation throughout the UK. UNITE are the management company for Greencoat House, Clarence Street, Kingston upon Thames. Key components

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of the management plan include: (a) Deliveries will be accepted between 08.00 and 18.00 Monday to Fridays and 08.00 to 13.00 on Saturdays. No deliveries will be undertaken on Sundays and Bank Holidays (b) Rubbish collection will be allowed between 08.00 and 18.00 Mondays to Fridays (c) Dropping off restrictions will be enforced during enrolment and at year end. (d) Check in is permitted over a number of days at the start of the tenancy period with a fairly even spread of arrivals over the main check-in weekend. (e) UNITE will advise the local Highways Department of the arrival and departure dates and provide a contact name and number in the event that the Highways Department needs to contact them. (f) This site will have an on-site management team and will have security coverage on a 24 hour basis through a combination of security staff and emergency call centre monitoring. (g) A comprehensive CCTV system will be installed covering the common parts and exterior of the property. The application has also offered for the CCTV to provide cover to the public footpaths to the side of the property. However, this is considered to be inappropriate. (h) The Pacific House management team will ensure that: (i) Contact telephone numbers will be displayed in the main foyer of Pacific House and will be available for legitimate use by occupants and adjoining residents. (ii) A responsible member of staff will be contactable outside normal working hours. (iii) That a representative of the Residence's Owner will be available on reasonable notice during normal office hours to meet with and discuss any concerns which adjoining residents may have in relation to the operation of the Pacific House. (i) A quarterly meeting will be undertaken with representatives of the neighbouring residents at their request to review any ongoing issues or areas of concern. 92. Overall, it is considered that the proposed development would not harm the amenities of the neighbouring residential properties to warrant as a reason for refusal of this planning application. The proposal therefore accords with Policy DM10 (k) of the Councils LDF Core Strategy.

Highways & Parking

93. The application site has a Public Transport Accessibility Level (PTAL) of 6a (Excellent). A number of bus routes use the surrounding area and Kingston Station is approximately 10 minutes walk from the site. The site is also easily accessible through walking as there are public footpaths and footways along the western and southern boundaries of the site and there are crossing points A56

across Penrhyn Road and Wheatfield Road nearby. There is also a cycle path to the south of the site on Penrhyn Road. 94. The area surrounding the site is covered by Controlled Parking Zones, with double yellow lines with double blips on the site frontage to Penrhyn Road with no loading permitted at any time. 95. It is proposed that there will be no vehicle parking on site apart from one Blue Badge space and that a legal agreement would be entered in to, to preclude future residents from applying for on-street parking permits. 96. It is proposed that vehicular access to the site would be off Penrhyn Road via a tunnelled entrance located centrally in the building. The proposed building is largely suspended above ground floor which allows for a vehicular path within the site for the turning of cars and lorries etc. This will be the entrance for all servicing vehicles and for cars when students arrive or leave at the end of term. 97. One disabled parking space is proposed on site. The site would also accommodate a minimum of 60 cycle parking spaces. 98. With regards to the impact of the proposal upon highway safety and sustainable travel, the proposal is considered to be acceptable. The application site is in a highly accessible location within the town centre and plenty of cycle parking is proposed. Nevertheless, it is considered necessary to restrict any future residents of the student and commercial accommodation from gaining on-street parking permits or Council owned car park permits to ensure congestion is not worsened in the area. The applicant has agreed that they are willing to enter into an agreement to secure this. 99. Subject to a legal agreement and conditions securing cycle parking details; servicing details; a preclusion from obtaining on-street parking permits; and the effective implementation of student management plan, it is considered that the proposal complies with Policies 6.9 & 6.13 of the London Plan (July 2011) and Policies CS5, CS7, DM8 & DM9 of the Councils LDF Core Strategy (Adopted April 2012).

Trees

100. The application does not lie within a conservation area and no Tree Preservation Orders (TPO's) exist upon the property. The current site conditions are almost entirely hardscape with the exception of a small number of low amenity value trees immediately adjacent to the Hogsmill River. 101. As part of this application a fully worked up landscape scheme has been proposed. The landscape strategy divides the site into 4 clear sections: (a) Area A - The buffer zone along the embankment of the Hogsmill River. (b) Area B - The 'Southern Grove' which includes planting along the southern area of the site. (c) Area C - The Hogsmill Walk. (d) Area D - The Penrhyn Road frontage. 102. The buffer zone (Area A) has been designed so as to create a 'green' strip along the hard engineered embankment of the Hogsmill River and to enhance A57

biodiversity. The zone would have gabion planters, climbing plants up a 2.1 m high fence and Kingfisher habitat in the south eastern corner of the site. 103. Area B would include the staggered planting of multi-stemmed Silver Birch trees with long grasses to give the appearance of a meadow. This has been designed as to improve the environment of the Hogsmill Walk and to soften the appearance of the proposed building from Edinburgh Court. 104. To the south of the site, the Hogsmill Walk connects Watersplash Close with Penrhyn Road. The application proposes to widen the existing path by approximately 1 m and have 1.5 m high railings and evergreen hedges set back from the property boundary. 105. The Penrhyn Road frontage is the most dominant and visible element of the proposed building. In this area the highway would be free from street furniture and would contain 5 Gingko trees directly in front of the building. The siting of the building also allows for the planting of a feature tree, a Liquidambar, within a small square at the entrance to the Hogsmill Walk from Penrhyn Road. A laurel hedge would also be used along the back edge of the footpath on the northern part of the frontage. 106. A key objective of the Landscape Design Strategy, from the applicants perspective, was to create a high quality public realm and improve biodiversity. Subject to additional landscape details to be secured by condition, it is considered that the details provided would be a clear improvement to the application site and would enhance the character and appearance of the area. 107. The proposals are supported fully by the Councils Tree & Landscape Officer and are considered to comply with Policy DM10 of the Councils LDF Core Strategy which state that development should: (a) ensure landscaping is an integral part of the overall design of all new developments (b) have regard to the public realm and to ways in which it can be enhanced as an integral part of the design of the development. 108. It is also noted that Policy K10 of the K+20 AAP requires environmental improvements and landscaping in association with new development. Additionally, the objectives of Character Area 9 of the K+20 AAP are to provide environmental and public realm improvements and to provide improvements to the Hogsmill River and the Hogsmill Walk. The proposed landscape strategy is an extremely positive element of the proposal. The landscaping would provide additional trees to the public realm along Penrhyn Road and the Hogsmill Walk whilst creating areas for habitat and access for the EA to carry out works to the river. The proposed trees would also soften and break up the facade of the proposed building when viewed from Penrhyn Road and the gardens of Edinburgh Court and Watersplash Close.

Legal Agreements

109. It is proposed, that in the event of an approved decision, in accordance with the Councils SPD 'Planning Obligations' the application is subject to a legal agreement covering the following: (a) A requirement precluding any residents of the block from applying for on

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street parking permits; (b) A management plan for the student accommodation and a restriction to ensure that the occupiers are all students; (c) Details of allocation procedures to ensure that Kingston University Students have priority to the accommodation; (d) A car parking management plan, specifically details issues of beginning and end of terms pick up and drop offs and servicing; (e) A public realm/community safety and visitor management contribution of £60,000; (f) A health/social care contribution of £23,000; (g) Travel Plan Monitoring fee of £3,500; and (h) Sustainable Travel Initiatives contribution of £57,500. 110. The applicant has agreed in writing to the above. 111. The proposal would also be liable for a Mayoral Community Infrastructure Levy (CIL) contribution of £101,990.

Sustainability

112. A Sustainability Statement and an Energy Report has been submitted as part of the application. 113. The Sustainability Report provides a BREEAM Summary Sheet which demonstrates that the development would achieve BREEAM standard 'Excellent'. Policy DM1 of the LDF Core Strategy states that where appropriate, other new build developments over 500m² including conversions, refurbishments, extensions and changes of use are encouraged to achieve higher levels of the appropriate BREEAM standard in accordance with the following timeline: (a) Until 2013: BREEAM ‘Excellent’ (b) From 2013 onwards: BREEAM ‘Outstanding’ 114. This application was submitted in January 2013 and should therefore comply with the BREEAM standard Outstanding. However, given that the application is a re-submission and that the applicants have been developing the design since before January it is considered appropriate to ensure that they only meet the BREEAM ‘Excellent’ standards. 115. An Energy Statement has been submitted which outlines the strategy developed to reduce the CO2 emissions of the Proposed Development by 25% below minimum Building Regulations standards. This is primarily to be achieved with the inclusion of a combined heat and power plant. 116. On the basis that these sustainability standards are secured by condition, the proposal is considered to comply with Policies DM1 & DM2 of the Councils LDF Core Strategy and Policy 5.2 of the London Plan.

Other Material Considerations

117. The application site is of low ecological value. However, habitats for a number A59

of protected bat and bird species are known to be within close proximity to the site. As such, two survey reports have been submitted as part of the application.

Bird Survey 118. During the survey 13 species of bird were recorded as flying through, feeding or calling within the development area. 4 of the species noted are UK Biodiversity Action Plan (BAP) Priority Species, the Black Headed Gull (Chroicocephalus ridibundus) House Sparrow (Passer domestica) Kingfisher (Alcedo atthis) and Song Thrush (Turdus philomelus). 119. The report notes that the river around the application site is not good for nesting given the steep engineered banks. It is however good for feeding as there are varying rivers depths and current and ample perching sites for birds. The report also states that 'in general the development area itself is small with generally limited habitat for breeding birds, comprising old service station buildings, occasional trees, small hedges and shrubs and hard standing'. However, the site was used during the survey by a low number of common birds and any possible nesting sites are within the foliage to the rear of the site. 120. It is recognised that the proposed landscaping scheme has been designed so as to improve habitat along the river embankment. As such, a Bird Habitat Enhancements Report was submitted by Furesfen Ecological Consultants which supports the proposed landscaping scheme. However, issues are raised with regards to the effect of light on wildlife. No lighting scheme is proposed in this application but could be considered at a later date.

Bat Survey 121. The survey report states that no bats were observed during either of the surveys undertaken on 9 July 2012 or 23 July 2012 entering or emerging from the buildings at the application site. During the 9 July 2012 dusk survey, bats were observed and recorded foraging within and above the foilage along the rear boundary of the site and towards the properties on the opposite bank. Common Pipistrelle bats were occasionally observed actively foraging around the rear of the workshops and, due to the thickness of vegetation, the occasional Pipistrelle was recorded over the river. On the 23th July dawn survey one bat was observed and recorded commuting across the site. Another Pipistrelle bat was recorded commuting through past the site along the river vegetation. 122. Policy K14 (The Hogsmill River) of the K+20 AAP states that the council will seek to enhance the Hogsmill Walk and biodiversity along the Hogsmill River. It is considered that the proposed works and landscape strategy would improve both the Hogsmill Walk and River. 123. In conclusion, it is considered that the proposal would not result in the unacceptable harm upon wildlife in the area subject to conditions and the implementation of the landscaping plan. The proposal therefore complies with Policy DM6 of the Councils LDF Core Strategy, Policy K14 of the K+20 AAP and Policy 7.19 of the London Plan.

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Environmental Considerations 124. The application site was formerly used as a petrol station. The applicant has not submitted any documentation detailing their consideration of land contamination issues on the site. The Council does not hold any record of a contaminated land assessment having been carried out in respect of the site of the proposed development, and there is potential for petrol storage tanks to remain on site, with associated risks of contamination of soil through leakage and overspill. Noting the Councils Environmental Officers and the EA’s comments no objection is raised in principle to potential land contamination and its intended use for residential purposes. However, it is considered necessary to apply conditions to any consent relating to a land contamination assessment. 125. The development site falls within a declared Air Quality Management Area. It is not anticipated that development will result in any long term effect upon air quality, provided the preferred choice of gas powered CHP is installed as recommended in the Energy Analysis Report.

Reason for Approval

1. The proposed development, by reason of its design, scale and siting, would result in the re-provision of D1 floorspace, would not harm the character or appearance of the area, residential amenity, highway safety and ecology, and would not result in unacceptable flood safety risk. Therefore the proposal complies with Policies CS1, CS3, CS6, CS7, CS8, CS15, DM1, DM4, DM6, DM8, DM9, DM10, DM11, DM12, DM24 & IMP3 of the Royal Borough of Kingston upon Thames LDF Core Strategy (Adopted April 2012), Policies K7, K9, K14, K23 & K24 of the K+20 Kingston Town Centre Area Action Plan (July 2008), Policies 3.8, 5.1, 5.2, 5.12, 6.9, 7.19 & 8.2 of the London Plan (July 2011) and Sections 7 & 10 of the National Planning Policy Framework.

Recommendation :

Approve subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended), as specified in the above legal agreements section, and the following conditions: 1 The development hereby permitted shall be commenced within 3 years from the date of this decision. Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990. (As amended) 2 The development hereby permitted shall be carried out in accordance with the following approved plans: Letter from Rolfe Judd 16/01/2013 D0-001 P2 - Location Plan 16/01/2013 D0-002 P2 - Site Location Plan 16/01/2013 D0-003 P2 - Site Plan 16/01/2013

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D0-099 P4 - Lower Ground Floor Plan 16/01/2013 D0-100 P4 Ground Floor Plan 16/01/2013 D0-101 P4 - First Floor Plan 16/01/2013 D0-102 P4 - Second Floor Plan 16/01/2013 D0-103 P4 - Third Floor Plan 16/01/2013 D0-104 P4 Fourth Floor Plan 16/01/2013 D0-105 P4 - Roof Floor Plan 16/01/2013 D0-220 P3 - Proposed Coloured Elevations A-B 16/01/2013 D0-221 P3 - Proposed Coloured Elevations C-D 16/01/2013 D0-223 P3 - Proposed Coloured Elevation A Detail 16/01/2013 D0-300 P4 - Sections 16/01/2013 D0-301 P4 - Sections 16/01/2013 D0-302 P4 – Section FF 16/01/2013 Planning Statement 16/01/2013 Statement of Community Involvement 16/01/2013 Student Management Report 16/01/2013 Student Accommodation Needs Report 16/01/2013 Townscape and Visual Assessment Report 16/01/2013 Transport Statement 16/01/2013 Construction Logistics Plan 16/01/2013 Noise and Vibration Report 16/01/2013 Energy Analysis Report 16/01/2013 Sustainability Report 16/01/2013 Flood Risk Assessment 16/01/2013 Daylight and Sunlight Report 16/01/2013 Habitat Survey 16/01/2013 Application Form 16/01/2013 Bird Habitat Enhancements Report 15/02/2013 Archaeological Desk Based Assessment Ref: 13/02/2013 DH/KB/15027 Drawing 2 - Distances to Neighbouring Properties 21/02/2013 Hogsmill Walk Landscape Strategy 28/02/2013 Landscape Design Strategy 4th March 2013 05/03/2013 (20)-100 P01 Penrhyn Road Elevation 08/03/2013 (20)-101 P01 Rear Elevation 08/03/2013 (20)-102 P01 Hogsmill Walk Elevation 08/03/2013

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(20)-103 P01 North Elevation 08/03/2013 Design and Access Rev A 08/03/2013 Reason: For avoidance of doubt and in the interests of proper planning. 3 No development shall take place until details of external lighting have been submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved details and thereby retained as such unless a variation is subsequently submitted to and approved in writing by the Local Planning Authority. The scheme shall take into account all of the lighting needs associated with the development during operational hours and shall be the minimum required to perform the relevant lighting task. It shall be specifically designed to minimise the risk of light spillage beyond the development site boundary and into the sky and to avoid dazzle or distract drivers on nearby roads. The scheme shall include: • A statement setting out and justifying why the lighting scheme is required. • A report, prepared by a lighting engineer, setting out the technical details of the luminaires and columns, including their location, type, shape, dimensions and, expected luminance output and specifically explaining what design attributes have been chosen to minimise light pollution. • A plan illustrating illuminance levels across the development site and at the boundary of the site. The level of ilIuminance should be appropriate to the character of the surrounding area as a whole • A plan illustrating illuminance levels beyond the boundary of the site, together with the downward light output ratio of the lights. • A statement which demonstrates how the lighting scheme will be viewed against the wider landscape and, where appropriate, the potential role of landscaping in minimizing the day and night-time visual impact of the installation. • An operational statement, the purpose of which is to ensure that the developer and the lighting designer have considered operational regimes that can provide energy savings. • Details of the proposed hours of operation. (Unless explicitly agreed in writing, all external lighting luminaries shall be turned off during daylight hours and when not actively required). Once approved in writing, the lighting scheme shall be operated in accordance with the approved details. The council reserves the right to require periodic testing to be conducted on the lighting installations and if it is confirmed that approved levels are being exceeded the operator of the lighting scheme will be required to implement the necessary works to bring it back within compliance within a specified time period. Reason: In order that the lighting shall not cause nuisance to nearby occupiers, ecology or be a source of danger to road users in accordance with Policies DM10 (Design Requirements for New Developments including House Extensions) and DM6 (Biodiversity) of the LDF Core Strategy Adopted April 2012. 4 Prior to the commencement of the development, a panel of brickwork indicating A63

the facebond mortar colour and pointing style shall be constructed on the site for the approval in writing of the Local Planning Authority. The development shall thereafter be constructed only in accordance with the panel which shall be retained on site until such work has been completed. Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 5 Before any works commence on-site, the following details shall be submitted to and agreed in writing by the local planning authority before the development commences. The building shall then be constructed and retained in accordance with these agreed details: (a) Samples of all external materials comprising roof cladding, mortar colour, window glass, door and window frames, decorative features, signs/building names, rainwater goods and paving. (b) Elevation drawings, plans, roof plans, and sections at 1:100 scale of all the buildings, sample elevations and sections at 1:20/10 scale of screens, windows and doors and parapets. (c) Drawings at 1:10/1:20 scale of sectional profiles of the window and door frames, cornices, string courses and other decorative moulding's. Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policies DM10 (Design Requirements for New Developments), DM11 (Design Approach) and DM12 (Development in Conservation Areas and Affecting Heritage Assets) of the LDF Core Strategy. 6 The levels of buildings, roads, parking areas and pathways within the site shall only be in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority before development is commenced. Reason: To ensure that the appearance and functioning of the development is satisfactory and to safeguard the amenities of adjoining occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012 and comply with Supplementary Planning Document ‘Access for All’ (July 2005). 7 Works to implement the development hereby approved shall be carried out in accordance with the ttp consulting Construction Logistics Plan (December 2012). The development shall only be implemented in accordance with the details and measures approved as part of the construction management plan, which shall be maintained throughout the entire construction period. Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 8 All works on site shall take place in accordance with the following details which shall have previously been submitted to and approved in writing by the Local Planning Authority prior to the commencement of work: (a) Provision for loading/unloading materials.

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(b) Storage of plant, materials and operatives vehicles. (c) Temporary site access. (d) Signing system for works traffic. (e) Measures for the laying of dust, suppression of noise and abatement of other nuisance arising from development works. (f) Means of enclosure of the site. (g) Wheel washing equipment. (h) The erection and maintenance of security hoarding. (i) A scheme for recycling/disposing of waste resulting from demolition and construction works (Major Applications). Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 9 The site and building works required to implement the development shall be only carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 08.00 and 13.00 on Saturdays and not at all on Bank Holidays and Sundays. Reason: To safeguard the amenities of the adjoining residential occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 10 The rating level of the noise determined by the cumulative sound emissions of the plant hereby permitted shall be at least 5dBA lower than the existing background noise level at any given time of operation. The noise levels shall be determined 1m externally to any window at the nearest residential façade. Measurements and assessment shall be carried out in accordance with British Standard 4142:1997 Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 11 Prior to commencement of development details of the glazing of the windows in the southern elevation of the building hereby permitted, shall be submitted to and approved in writing by the LPA and shall be retained in perpetuity.. Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 12 The development hereby permitted shall not be commenced until details of secure cycle parking facilities for the occupants of, and visitors to, the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.

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Reason: To ensure the provision of satisfactory cycle storage facilities and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012. 13 The roof of the extension hereby permitted shall not be converted or used as a balcony or a sitting out area, and no access shall be gained except for maintenance purposes. Reason: To protect the amenities and privacy of the adjoining residential properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 14 No development shall commence until a full and detailed landscaping scheme, in accordance with the principles as set out in the Allen Pyke Associates Ltd Landscape Design Strategy 4th March 2013, shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only. Reason: In the interests of visual amenity and ecology and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policies DM6 (Biodiversity) and DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 15 The landscape scheme as previously submitted and approved shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the areas shown to be so landscaped shall be permanently retained for that purpose. Alterations that affect these approved landscape details must be previously agreed to in writing by the local planning authority. Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 16 All construction of 'hard' landscape features and provision of properly prepared planting areas shall be carried out prior to first use of the new building. Reason: To ensure that these works are properly implemented and maintained and in the interest of visual amenity and in order to preserve or enhance the character or appearance of this part of the Conservation Area in accordance with Policies DM10 (Design Requirements for New Developments), DM11 (Design Approach) and DM12 (Development in Conservation Areas and Affecting Heritage Assets) of the LDF Core Strategy. 17 The development shall be constructed in accordance with details as set out in A66

the Sustainability Report (ref: 303/1208/SustReport/br02) and the Energy Analysis Report (ref: 303/1208/EneryRep/br04) by GWP Project Services to ensure that the development meets BREEAM standard 'Excellent' and the outlined sustainability measures.. Reason: In the interests of sustainability and energy conservation as set out in Policy DM1 (Sustainable Design and Construction Standards) of the Local Development Framework Core Strategy. 18 Prior to construction of the development a BREEAM Excellent interim design- stage assessment certificate shall be submitted to and approved by the Local Planning Authority. Reason: In the interests of sustainability and energy conservation in accordance with Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012. 19 A final BREEAM post-construction report must be submitted and approved prior to occupancy, with a final BREEAM certificate to be submitted within 12 months of the completion of the property. Reason: In the interests of sustainability and energy conservation as set out in Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012. 20 The hard surface hereby approved shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the property. Reason: To reduce the risk of flooding and pollution and increase the level of sustainability of the development and to comply with Policy CS1 (Climate Change Mitigation) of the LDF Core Strategy Adopted April 2012. 21 Prior to commencement of development a scheme for the provision and management of a 5 metre wide buffer zone alongside the Hogsmill River shall be submitted to and agreed in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local planning authority. The schemes shall include: • Within the 5 metre buffer zone a partly de-mountable fence is agreed at a minimum of 2 metres from the outer bank of the river. • The 5m buffer zone is the full responsibility of the riparian owner, therefore we would like you to submit details demonstrating how the buffer zone will be protected, managed and maintained over the longer term including adequate financial provision and named body responsible for management plus production of detailed management plan. • We would recommend native species planting within the agreed 5m

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buffer zone. Reason: The National Planning Policy Framework (NPPF), paragraph 109 recognises that the planning system should aim to conserve and enhance the natural and local environment by minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government's commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures. 22 The development permitted by this planning permission shall only be carried out in accordance with the submitted Flood Risk Assessment (FRA) prepared by Curtins Consulting Ltd dated December 2012 with reference number LO1096 and the following mitigation measures detailed in section 5 within the FRA • The lowest habitable areas of the building shall be on the upper ground floor at 9.05 m AOD. These areas are significantly above the highest predicted flood levels for a fluvial event (8.33 m AOD) • The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. Reason: To reduce the risk of flooding to the proposed development and future occupants 23 Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: • A site investigation scheme, based on the above report, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. • The results of the site investigation and detailed risk assessment referred to in (1) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. • A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved Reason: The previous use of this buildings/land may have left contamination which could impact on the proposed development. Any identified risks should be fully evaluated, if necessary by intrusive investigations, and appropriately addressed prior to the commencement of the development. 24 Before the development hereby permitted is commenced, a scheme for protecting the proposed dwellings from traffic noise shall be submitted to and A68

approved in writing by the Local Planning Authority. Any works which form part of the scheme shall be completed before any of the dwellings is occupied. Reason: In order to safeguard the amenities of the occupiers of the dwellings in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 25 The blue badge car parking identified upon the approved drawings shall be reserved for car parking by disabled occupiers of the accommodation hereby permitted and their visitors and for no other purpose. Reason: In order to reserve car parking spaces for the use of residents in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012. 26 No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme for investigation which has been submitted by the applicant and approved by the Local Planning Authority. The development shall only take place in accordance with the detailed scheme pursuant to this condition. The archaeological works shall be carried out by a suitably qualified investigating body acceptable to the Local Planning Authority. Reason: Important archaeological remains may exist on this site. Accordingly the planning authority wishes to secure the provision of archaeological excavation and the subsequent recording of the remains prior to development, in accordance with Policy DM 12 (Development in Conservation Areas and Affecting Heritage Assets) of the LDF Core Adopted April 2012.

Informative(s)

1 In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably. 2 Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws 1981, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within eight metres of the top of the bank of the main river - at this site, the River Hogsmill. This is irrespective of any planning permission granted by the Local Planning Authority. Please contact our Partnerships & Strategic Overview team on 020 9091 4028 or email [email protected] for further details 3 The Borough Environmental Health Officer advises that in order to comply with Condition ** sound insulation should be provided to reach the following standard:- a) The glazing specification to the rooms in question should be such that an internal noise level with windows closed of 40dBA 18 hour L10. ("Good Standard" as set out in Planning Circular 10/73) is obtained. A69

b) Acoustic ventilation should be provided so that the room can be sufficiently ventilated WITHOUT the need to open windows on the noise sensitive facade. c) It is further recommended that where the window in question is south, east or west facing, blinds are provided so as to reduce thermal gain within the room. d) These requirements apply to all living rooms. Should you require further information please contact the Environmental Health. 4 The applicant's attention is drawn to the attached guidelines from the Borough Environmental Health Officer regarding possible environmental nuisance caused by the development. 5 The development approved by this planning permission will be liable to pay the Mayor of London's Community Infrastructure Levy (MCIL). We have calculated the amount of MCIL liability to be £101,990. Payment will be due once the owner/developer serves a development Commencement Notice on the Council, and a payment Demand Notice has been received by the owner. Failure to submit a Commencement Notice will incur a surcharge of 20% of the chargeable amount or £2,500, whichever is the lower amount. When you have [delete as appropriate] received approval of all reserve matters / discharged all pre-commencement conditions the Council will issue a Liability Notice to the owner setting out the MCIL calculation. Accompanying the Liability Notice will be a blank Commencement Notice and if necessary a blank Assumption of Liability form, both of which need to be completed and returned to the Council prior to development commencing. A failure to do so will incur a surcharge. Should you have any questions in respect of the contents of this letter or the MCIL more generally, please contact the Council's Contact Centre by email [email protected] or phone 0208 547 5002. 6 The development of this site is likely to damage archaeological remains. The applicant should therefore submit detailed proposals in the form of an archaeological project design. The design should be in accordance with appropriate English Heritage guidelines.

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Development Control Committee Date of Meeting: 26/03/2013

A4 Register No : 13/16075/FUL Address : CHRIST CHURCH SCHOOL, PINE GARDENS, SURBITON, KT5 8LJ

(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285. [Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

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Ward : Berrylands Description of Proposal : Removal of existing temporary classrooms and erection of a single storey building comprising four classrooms, covered walkway and new substation building; installation of a new multi-use games area (MUGA), new cycle parking, creation of new pedestrian access route from Berrylands together with hard and soft landscaping. Plan Type : Full Application Expiry Date : 05/04/2013

Applicant's Plan Nos :

1000/A Existing general arrangement Received 08/02/2013 1001/A Existing floor plan & location plan Received 08/02/2013 1002/A Existing elevations Received 08/02/2013 1003/A Existing roof plan Received 08/02/2013 1004/C Proposed elevations Received 08/02/2013 1005/C Proposed general arrangement floor plan Received 08/02/2013 1006/C Proposed general arrangement roof plan Received 08/02/2013 1007/C Proposed external works/site plan Received 08/02/2013 1008/C Proposed MUGA Pitch Received 08/02/2013 Arboricultural Impact Assessment Received 08/02/2013 Arboricultural Method Statement Received 08/02/2013 Construction Logistics & Management Plan Received 08/02/2013 Design & Access Statement Received 08/02/2013 Ecological Impact Assessment Received 08/02/2013 Landscape Design Statement Received 08/02/2013 Planning Statement Received 08/02/2013 School Travel Plan Received 08/02/2013 SLD/E14-LM1 Landscape Context Plan Received 08/02/2013 SLD/E14-LM2 Context Plan Received 08/02/2013 Statement of Community Involvement Received 08/02/2013 Transport Statement Received 08/02/2013

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BASIC INFORMATION

National Planning Policy Framework (NPPF) 2012

Development Plan : London Plan July 2011 LDF Core Strategy Adopted April 2012

Policies

LONDON PLAN JULY 2012 LP 3.18 Education facilities LP 5.13 Sustainable drainage LP 5.2 Minimising carbon dioxide emissions LP 6.10 Walking LP 6.13 Parking LP 6.9 Cycling LP 7.18 Protecting local open space and addressing LP 7.19 Biodiversity and access to nature

LDF CORE STRATEGY CORE POLICIES CS 01 Climate Change Mitigation CS 03 The Natural and Green Environment CS 05 Reducing the Need to Travel CS 06 Sustainable Travel CS 07 Managing Vehicle Use CS 08 Character, Heritage and Design CS 15 Future Needs of Kingston University, Kingston

LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM01 Sustainable Design and Construction Standards DM05 Green Belt, Metropolitan Open Land (MOL) DM06 Biodiversity DM08 Sustainable Transport for new Development DM09 Managing Vehicle Use for New Development DM10 Design Requirements for New Developments DM23 Schools

Previous Relevant History

00/07216/FUL Erection of temporary classroom within Permit Conditions playground 06/10/2000 00/07338/FUL Demolition of existing pavilions and re- Permit Conditions location of temporary classroom from 21/11/2000 infant playground, to their site for use as a sports resource area for school 01/07274/FUL Erection of a two storey extension to Permit 5 Year provide 4 classrooms for 100 additional Condition and pupils and ancillary accommodation, and Conditions 19/12/2001 A73

provision of two parking spaces (Key Stage 2 of primary school enlargement). 03/16041/FUL Retention of single storey portacabin unit Permit 5 Year in infants playground for special needs Condition and use and pre-school / after-school club with Conditions 30/04/2003 no increase in pupil numbers, and provision of a disabled ramp (Amended Description) 05/16011/FUL Erection of single storey extension Permit 5 Year Condition and Conditions 01/03/2005 07/16681/FUL Installation of shelter for cycle parking Permit with expiry condition 08/02/2008 08/16072/FUL Retention of single storey portacabin unit Permit Conditions in infants playground for special needs 16/04/2008 use and pre-school / after-school club with no increase in pupil numbers, and provision of a disabled ramp 08/16297/FUL Erection of temporary modular classroom Permit with expiry condition + condition 24/07/2008 08/16598/FUL Provision of a covered walkway between Permit with conditions the existing school and temporary 09/02/2009 classroom 09/16116/FUL Erection of a temporary single storey Permit with conditions modular classroom 29/05/2009 10/16150/FUL Erection to form single storey extension to Permit with conditions form office within courtyard area 02/06/2010 10/16221/FUL Installation of play lawn, rubber surfacing Permit with conditions and play equipment to the key stage 1 26/07/2010 play area 13/16064/FUL Retention of single storey portacabin unit in infants playground with ramp access for special needs use and pre-school /after- school club 99/07249/FUL Erection of single storey rear extension to Permit 5 Year provide 3 classrooms for 75 additional Condition and pupils, front elevational alterations, Conditions 02/11/1999 formation of new playground at rear and new car parking area with access from Pine gardens.

Consultations

1. Neighbour Notification - 159 surrounding owner/occupiers have been consulted with 18 responses received. Of the letters received, 11 object to the A74

proposal while others comment on conditions that could be used to manage certain issues. Concerns raised include: (a) The increase in pupils will result in unacceptable highway safety concerns on the local highway network. (b) The use of the additional entrance from Berrylands would exacerbate parking issues and access for emergency vehicles on this, and surrounding, roads. (c) The use of the existing access from Manor Drive is unsafe and unsuitable due to its narrow width, overgrown foliage and the cars using the tennis club. (d) On street parking during peak times is oversubscribed and local residents are often blocked in their drive. (e) The school and their buses do not obey existing parking restrictions on Manor Drive. (f) Manor Drive is a dangerous road which is unsuitable for children to be exiting a narrow lane and for cycling. (g) Surface water flooding from the proposed MUGA pitch and damage to neighbouring properties. (h) Additional children would result in noise and disturbance. (i) Late night use and possible future floodlights for the proposed MUGA pitch. (j) Increase in amount of litter to residential gardens. (k) Contents of the Ecology Report and are questioned. (l) Contents of the Transport Statement are questioned. 2. Additional letters suggest that, if approved, the application should be subject to conditions relating to: (a) the access from Berrylands Road being formalised and maintained at all times. (b) Maintenance works being carried out to the access from Manor Drive. (c) The closure of the access from Manor Drive. (d) Additional pupils should be from the local area. 3. Neighbourhood Traffic Engineer – No objection, subject to further information and conditions. Comments include: (a) The additional pedestrian access to Berrylands is welcomed, the Transport Statement shows that Berrylands can accommodate the additional vehicles. The new pedestrian access should be conditioned if the application is granted. (b) Support the objectives and targets set out in the School Travel Plan. (c) The “Planning - Construction Logistics and Management Plan” is welcomed and should be secured by condition. (d) Additional mitigation measures which should be pursued by the Council are: (i) “School Keep Clear” road markings (ii) New double yellow lines at junctions to improve safety of pedestrians crossing the road

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(iii) 20 mph speed limits in Pine Gardens, Manor Drive and Berrylands if necessary 4. Sustainable Travel Officer – No objection, subject to conditions. Comments include: (a) The School Travel Plan (STP) submitted with the application has been recently updated and is generally of a good standard with a reasonable set of actions/ measures. (b) The proposal to provide an additional 38 cycle parking spaces, taking the total provision to 100 spaces (including 10 for staff) is welcomed. (c) The proposed new pedestrian entrance from Berrylands is welcomed and will significantly improve accessibility to the school. 5. Tree and Landscape Officer - No objections, subject to conditions. 6. Green Spaces Officer (Ecology) – No objection, subject to mitigation measures as proposed in the Ecological Impact Assessment being carried out and retained. 7. Sustainability Officer – No objection, subject to conditions. 8. Sport England – No objection.

Site and Surroundings

2. The application site relates to the Christ Church Primary School, located at the western end of Pine Gardens. The application site has an area of approximately 1.1 ha or 11028 sq m. 3. Adjoining the site to the north, east, and south are residential properties on Pine Walk, Pine Gardens and Manor Crescent. Located to the west of the school site is Surbiton Tennis Club. Access for the school via a pedestrian pathway from Berrylands forms part of this application. 4. A number of protected trees are scattered around the periphery of the school site. The grassed playing field located to the west of the school buildings is identified as Local Open Space under the Council's Local Development Framework. 5. The site is not located in a conservation area, nor is it a Listed Building or a Building of Townscape Merit. 6. The application site has a Public Transport Accessibility Level (PTAL) of 1a (Very Poor). Pine Gardens also forms part of the Councils Strategic Walking Network.

Statement of Community Involvement 7. Before this planning application to the Council as the Local Planning Authority the School and the Councils Learning and Children’s Directorate carried out a consultation exercise on the 29 th January 2013 with the local public and parents of children at the school regarding this expansion. The details and feedback of this exercise have been submitted in the Statement of Community Involvement. From this 4 written responses were received and a summary of 13 other responses have been detailed.

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8. Of the 17 responses detailed, 8 state their support for the proposals, 5 object and 4 do not express an opinion either way but set out issues to be considered further. 9. Some comments in the letters of support included: (a) New MUGA and classroom will be hugely beneficial and will give greater variety of play and modern classrooms. (b) Support the school expansion but there is a problem with traffic and parking. (c) I am a big advocate of sport in schools and very much support any proposal that will provide better year-round facilities for my daughter and her peers. Additional class room facilities would also be an excellent opportunity for present and future students and help Christ Church continue to provide what I consider to be an extremely high level of education and support. (d) The proposed redevelopment in order to create a multi-sports area would make a big difference to life at school for all of our children and indeed future generations. It will change the focus of the school curriculum to include more sports, which will benefit all. 10. Some comments in the letters of objection include: (a) The site is simply not appropriate to house a school of 540 pupils and that this will be detrimental to the education of children at the school. We recommend that other options should be explored, including supporting the development of other schools. (b) Extremely concerned about the effect of a third school entrance in Berrylands. As it is, parking for the Surbiton Racket and Fitness Club causes significant congestion. The increase in traffic and parking around the junctions with Pine Walk and Regent Road resulting from this proposal would, in our opinion, quite simply be dangerous for both pupils and other road users. (c) Strongly oppose the proposal to provide yet more additional places at Christ Church Primary School on the grounds that its implementation would exacerbate the present problems we are forced to experience. Every day from 8.30am to 9am and 3.15pm to 3.50pm access in Pine Gardens becomes increasingly impossible due to the enormous volume of ever larger vehicles haphazardly parked on both sides of the road. (d) Walking buses and car sharing have once again been suggested. When last implemented both ventures were very short lived and complete failures. (e) There simply isn't enough room to fit everyone in. Year groups are much more segregated. My children tell me that lunch times are rushed because they are done in shifts – this is not the way to promote healthy eating in children. Another example is year group assemblies – there's not enough room in the hall to accommodate all the children and parents of a 3 form year. And finally there is the constant issue of parking in the area. With additional children this is only going to become more congested.

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(f) The school has already been extended some years ago and more and more playing facilities will be lost by children attending the school. 11. Other comments include: (a) Surrounding roads should be limited to 20 mph. (b) Coaches could be used for dropping off children in Berrylands with the new access.

Proposal

12. The application proposes the removal of 2 existing mobile temporary classrooms (142 sq m) and the erection of a permanent building comprising of 4 classrooms (347 sq m). The new classrooms will provide accommodation to those two classes within the temporary structures, one additional reception class in year 2013/14 and another reception class for school year 2014/15. As such, this means that the proposal would result in 30 additional children in 2013/14 and another 30 in 2014/25 (60 in total). The current school role includes 478 pupils. 13. The proposed building would be located to the north west of the existing school building and would measure 29.4 m (wide) x 11.8 m (deep) with a height of between 3.6 – 4 m given the mono-pitched roof. The proposed classroom building would be constructed of render and brick panels with white polyester powder coated aluminium framed windows and doors. The roof would be a single ply membrane with 8 roof lights and a line of solar panels. The proposed south west facing flank elevation of the proposed building would be a green wall. 14. The application also includes the erection of a corridor linking the proposed classrooms to the existing building; a substation; pedestrian access and path through Surbiton Tennis Club from Berrylands; cycle parking; and an artificial sports pitch (MUGA pitch) of approximately 2000 sq m with a rainwater attenuation tank. 15. The proposed corridor would be constructed of a polycarbonate roof and side screens with a steel post and frame. A new set of steps would also be required to negotiate the change in levels from the existing to the proposed building. 16. The proposed substation would be located to the northern part of the application site, near the site boundary. The substation would measure 4 m (deep) x 3.5 m (wide) and would be 3.6 - 3.8 m high. The substation would be constructed of brick with a single ply membrane roof. 17. The application proposes an additional 38 cycle parking spaces taking the provision from 62 to 100 spaces at the school. This cycle stand would be located within the north eastern part of the existing site alongside the existing gazebo. 18. The proposed MUGA pitch would be sited on the existing grass playing fields to the north west of the school building and hard standing playing area. The proposed pitch can be used for a multitude of sports throughout the year i.e. it is marked out for 8 tennis courts; 2 netball courts and a hockey and football pitch. Alongside the proposed MUGA pitch would be a 3.5 m wide path which A78

would provide pedestrian access from Berrylands to the main school building. Site History 19. The application site has an extensive planning history with regards to classroom extensions and temporary classrooms. In summary these are: (a) Ref: 99/07249/FUL (approved Nov 1999) was for the erection of a single storey extension to provide 3 additional classrooms. These remain as classrooms in use at present. (b) Ref: 00/07213/FUL (approved Oct 2000) was for the erection of a temporary classroom along the south eastern boundary of the site. (c) Ref: 00/07338/FUL (approved Nov 2000) for the relocation of the temporary classroom from the infant playground area to the north west of the site. (d) Ref: 01/07274/FUL (approved Dec 2001) for the erection of a permanent two storey side extension to provide 4 additional classrooms. These remain as classrooms in use at present. (e) Ref: 08/16072/FUL (approved Apr 2008) for the retention of a single storey portacabin unit in the infants playground. This was approved subject to the building being removed by 16 April 2013. (f) Ref: 08/16297/FUL (approved July 2008) for the erection of a temporary modular classroom. This was approved subject to it being removed by 31 st July 2015. The current application proposes to remove this modular classroom. (g) Ref: 09/16116/FUL (approved May 2009) for the erection of a temporary modular classroom. This was approved subject to it being removed by 31 st May 2015. The current application proposes to remove this modular classroom.

Assessment

The main considerations material to the determination of this application are:

• Principle of Proposed Development • Impact on Character of Area • Impact on Neighbour’s Residential Amenity • Highways and Parking • Trees • Legal Agreements • Sustainability • Other Material Considerations • Ecology • Sustainable Drainage

Principle of Proposed Development

20. The proposed additional classrooms would be sited to the west of the existing school building on land that is designated as Local Open Space within the Councils LDF Core Strategy. 21. Policy CS3 of the LDF Core Strategy states that the Council will protect and improve Kingston's valued natural and green environment by:

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(a) protecting Kingston's open space network from inappropriate development through its open spaces designations; Green Belt, Metropolitan Open Land (MOL), Thames Policy Area, Sites of Importance for Nature Conservation (SINCs), Local Nature Reserves, Local Open Space, School Open Spaces, Green Corridors, Green Chains and Allotments, as shown on the Proposals Map (b) promoting the management of biodiversity in light of the threats arising from climate change and future development growth, by working in partnership with a range of organisations on projects to protect and enhance Kingston's Open Space Network. This will not only provide increased wildlife habitats, but will also link wider parts of Kingston, allowing easier movement and reducing isolation of habitats. 22. Policy DM5 of the LDF Core Strategy states that the Council will: (a) only allow development on sites adjacent to the Green Belt, MOL or other open space designation that does not have a detrimental impact on its visual amenities and respects the size, form and use of that open space, in accordance with national guidance (b) ensure new development contributes to the provision and improvement of the quality, quantity, variety and accessibility of public open space, play and sports facilities, to meet the needs it generates in accordance with the local provision and accessibility standards set out in Annex 3 and the Planning Obligations SPD, or Community Infrastructure Levy charge (c) ensure that development proposals do not result in the whole or partial loss of public open space, outdoor recreation facilities or allotments unless a replacement site or facility provides a net benefit to the local community and visitors in terms of the quality, availability and accessibility of open space or recreational opportunities (d) ensure that development proposals do not harm open spaces which: (i) contribute to the character, appearance and heritage value of the Borough's open space network (ii) create focal points and valuable amenity space within the built up area (iii) form part of an area of value for wildlife, sport or recreation (e) ensure all new provision of sports and play meet qualitative standards and optimise accessibility to all users, including the local community and visitors. 23. Additionally, London Plan Policy 7.18 (Protecting local open space and addressing local deficiency) states that the loss of local protected open spaces must be resisted unless equivalent or better quality provision is made within the local catchment area. Replacement of one type of open space with another is unacceptable unless an up to date needs assessment shows that this would be appropriate. 24. When assessing the principle of the development on this local open space it is also necessary to consider planning policy which seeks the provision of adequate school places.

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25. Policy 3.18 of the London Plan states that development proposals which enhance education and skills provision will be supported, including new build, expansion of existing facilities or change of use to educational purposes. Those which address the current projected shortage of primary school places will be particularly encouraged. Proposals which result in the net loss of education facilities should be resisted, unless it can be demonstrated that there is no ongoing or future demand. 26. Policy S1 (j) of the Councils LDF Core Strategy states that the Council will accommodate additional school places at primary and secondary school level by working with partners to support a delivery programme for expanding existing primary schools. 27. Policy CS15 of the Councils LDF Core Strategy states that the Council will facilitate improvements to the school estate and make provision for a permanent increase in the number of school places to meet increasing demand through the expansion of existing schools and the provision of new schools. Potential for shared and community use will be provided for. 28. Policy DM23 of the LDF Core Strategy states that the Council will: (a) Designate and protect open space on school sites as shown on the Proposals Map and seek to ensure that school expansion proposals retain open space and that all options to re-organise/expand schools within the existing built footprint are explored, with a presumption against a net reduction in open space (b) Assess proposals for new schools and school expansion against the following criteria: (i) the size of the site, its location and suitability to accommodate a new school or school expansion taking account of compatibility with surrounding uses, and existing planning policy designations (e.g. Conservation Areas, MOL, Green Belt) (ii) the impact on green open space, games pitches, outdoor play and amenity space, taking account of the character of the area, whether the site is within an area of open space deficiency and whether the school has sufficient outdoor space for play and games (iii) the location and accessibility of the site in relation to: the intended catchment area of the school; public transport; the local highway network and its ability to accommodate new or additional school trips without adverse impact on highway safety; safe and convenient walking and cycling routes to schools (iv) the extent to which the building design contributes towards the government target that schools and colleges should be zero carbon from 2016 (see policies CS1 and CS2). 29. The proposal would result in the erection of a block of 4 classrooms with a footprint of 347 sq m. However, the proposal also includes the removal of the existing temporary classrooms on the application site which have an area of 142 sq m. As such, the application proposes an increase in building coverage of 205 sq m. It is also worth noting that the proposed buildings would be located on the existing hard standing to the west of the main school building.

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30. Due to demographic and economic pressures demand for school places in all areas of the Royal Borough of Kingston upon Thames has increased considerably in recent years and is forecast to increase further. Demand within the Tolworth and Berrylands (Alexandra, Berrylands, and Tolworth and Hook Rise electoral wards) and Surbiton (St Mark’s and Surbiton Hill wards) areas is particularly high and the Council has a statutory duty to provide school places for those of its resident children who want places in state- funded schools. 31. As a consequence of the current and forecast demand, the Council is working with local schools to provide places in a strategic manner so that local families and the schools themselves have certainty well in advance that places will be available. 32. In this instance, the governing body of Christ Church Primary School has agreed to the Council’s proposal that the school should be part of a ‘shared form of entry’ with other local schools. The shared form of entry strategy groups two or three schools to provide the seven extra classrooms needed for a full form of entry between them. The children admitted each year stay in the school for the full seven years of their primary education and do not move, but each year the school admitting the additional class rotates. This enables the schools to have some capital investment and to receive additional funding. Christ Church has therefore agreed to admit an extra reception class in both 2013/2014 and 2014/2015, in addition to the two ‘bulge’ classes that are currently in Years 2 and 3. 33. It is recognised that there is an identified need for additional school places within this part of the borough and the Council has a statutory duty to provide such school places. As such, it is considered that the proposal accords with Policy 3.18 of the London Plan (July 2011) and Policy CS15 of the LDF Core Strategy. However, the loss of 205 sq m of Local Open Space does not strictly accord with London Plan Policy 7.18 or Policies CS3 & DM5 of the Councils Core Strategy. 34. Although the application would result in the loss of some Local Open Space, the application does include improvements to the existing grassed area of open space on the school site through the installation of the artificial sports pitch. 35. Policy 3.19 of the London Plan states that development proposals that increase or enhance the provision of sports and recreation facilities will be supported. Proposals that result in a net loss of sports and recreation facilities, including playing fields should be resisted. Temporary facilities may provide the means of mitigating any loss as part of proposals for permanent re-provision. Wherever possible, multi-use public facilities for sport and recreational activity should be encouraged. 36. The grassed area is currently unusable for large periods of the year for children’s play, thus confining children’s play to either the hard surfaced areas or inside. The proposed artificial surface would allow for more outdoor play throughout the year, thus increasing the usable area of the site for recreational purposes. In this respect, it is considered that the proposal accords with LDF Core Strategy Policy DM5 (b) that seeks to ensure new development contributes to the provision and improvement of the quality,

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quantity, variety and accessibility of public open space, play and sports facilities, to meet the needs it generates in accordance with the local provision and accessibility standards. 37. It is also acknowledged that whilst the site is designated as being Local Open Space, the site is enclosed to the school and is not accessible by the public, or used for public recreational purposes. The space is also not openly visibly from the public highway as it is enclosed by the pattern of housing development and the tennis club. As such, the application would not: (a) have a detrimental impact on its visual amenities and respects the size, form and use of that open space, in accordance with national guidance; (b) result in the loss of a local community facility; (c) harm the character, appearance or heritage value of the Boroughs open space network; or (d) harm valuable amenity space within the built up area. 38. With regards to Policy DM23 of the LDF Core Strategy, the proposal would result in the net reduction of open space. However, the improved play area, as highlighted above, would allow for greater use for recreational activities and provides sufficient outdoor space for play and games. Other matters raised within Policy DM23 such as sustainability and highway capacity are considered in their relevant sections below. 39. In conclusion, whilst it is acknowledged that the proposal does not wholly satisfy London Plan Policy 7.18 or Policies CS3 & DM5 of the Councils LDF Core Strategy with regards to Local Open Space provision, it is considered that the increased capacity for school places provided, and the improved play area provided by the MUGA pitch outweigh the harm caused by the loss of the Local Open Space. As such, it is considered that the principle of development is acceptable, subject to compliance with other development plan policies.

Impact on Character of Area 40. The application site is located within a predominantly residential neighbourhood of Surbiton. As such, the majority of the built environment consists of two storey dwellinghouses. However, the application is a school site and as such, the building foot print and site coverage is completely alien to the residential patterns of development. 41. The existing school building is part single, part two storey and is constructed of a mix of red brick and blue and cream render. The proposed building would be constructed of render and brick panels with white polyester powder coated aluminium framed windows and doors. The roof would be a single ply membrane with 8 roof lights and a line of solar panels. The proposed south west facing flank elevation of the proposed building would be a green wall. Views of the proposed building would be limited from the street scene and public realm given its siting to the rear of the existing school building and the enclosed nature of the site. The use of cream render, brickwork and white framed doors and windows will match with the appearance of the existing building, thus creating a unity across the built development of the site. As such, it is considered that the proposed building would not harm the character

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or appearance of the area and would accord with Policies CS8 & DM10 of the Councils LDF Core Strategy. 42. Similarly, the proposed substation would be constructed of brick to match the existing building and would not be visible from a public vantage point. Given its relatively small scale and the distances it would observe to the nearest residential facades, it is considered that the building would not harm the character or appearance of the area and would accord with Policies CS8 & DM10 of the Councils LDF Core Strategy. 43. The proposed corridor linking the proposed classrooms to the existing school building would be constructed of a polycarbonate roof and side screens with a steel post and frame. These materials are not generally a characteristic of the existing building but they are present for the covered walkway used for the temporary modular classrooms, which are to be removed as a result of this application. Given the limited views and scale of the corridor, it is not considered to result in harm upon the character or appearance of the area and therefore accords with Policies CS8 & DM10 of the Councils LDF Core Strategy. 44. The proposed MUGA pitch would be green, albeit with coloured pitch markings, which is similar to the existing grass playing area. The MUGA pitch would be surrounded on three sides by a 3.1 m high black mesh fence. This is a relatively open structure which is similar to those sports fences used by the tennis club. As such, it is not considered to be out of keeping with the character of the area. 45. In conclusion, the proposed development is considered to have been appropriately designed so as to preserve the character and appearance of the area. It is also considered that the removal of the existing temporary classrooms and their replacement with a permanent building would be a visual improvement. As such, the proposals are considered to comply with Policies CS8 & DM10 of the Councils LDF Core Strategy.

Impact on Neighbours’ Residential Amenity 46. The application site is located within a predominantly residential neighbourhood and is bounded by dwellings on Manor Crescent, Pine Gardens & Pine Walk. 47. A school falls within Use Class D1 and the use of the site will remain unchanged as a result of this application. Christ Church School currently enrols 478 children who use the school for educational purposes and the outdoor areas for recreation and play. It is therefore considered that the addition of up to 60 children (a 12% increase) would not create such undue problems in terms of noise and general disturbance, compared to the existing intensity of use, which would result in a detrimental impact upon residential amenity. 48. The proposed classroom building and the enclosed corridor would be sited approximately 54 m from the nearest residential dwelling on Manor Crescent and 78 m from the nearest dwelling on Pine Walk. As these distance the proposal would not have a detrimental impact upon the amenities of the neighbouring properties in terms of loss of outlook, privacy or daylight/sunlight and would therefore accord with Policy DM10 (k) of the Councils LDF Core A84

Strategy. 49. Similarly, the proposed substation would be sited approximately 89 m from the nearest residential dwelling on Manor Crescent and 71 m from the nearest dwelling on Pine Walk. As these distances the proposal would not have a detrimental impact upon the amenities of the neighbouring properties in terms of loss of outlook, privacy or daylight/sunlight and would therefore accord with Policy DM10 (k) of the Councils LDF Core Strategy. 50. With regards to the proposed MUGA pitch, common concerns with such development usually relate to their use in evening hours and the use of flood lights. The MUGA pitch is only proposed for school use. Therefore, activities on the playing surface should usually finish by 18:00 pm once the after school clubs are finished. Also, the application does not include any flood lights. This is in contrast to the Surbiton Tennis Club to the north of the site which does have flood lights and is used up until 21:30 on Mondays – Fridays and up until 20:00 on Saturdays and Sundays. As such, it is considered that the proposed MUGA pitch would not result in activity at un-neighbourly hours which would result in the harm of residential amenity.

Highways & Parking 9. The road network surrounding Christ Church of England Primary School is residential in nature, with the main school access located off Pine Gardens. Pine Gardens is a single carriageway residential road linking the school to the surrounding road network including Manor Drive and Raeburn Avenue. 10. Pine Gardens provides both pedestrian and vehicular access. Parking at the vehicular access is restricted by school ‘keep-clear’ markings. An additional ‘no stopping on school entrance markings’ sign has also been provided. Manor Drive is a residential road which provides a secondary pedestrian access to the school. Whilst this lane is a pedestrian access for the school, it is a vehicular access for Surbiton Hill Methodist Tennis Club. Manor Drive is a residential street with no marked parking restrictions, other than those at the entrance to the school pedestrian lane. These road markings consist of a ‘school keep clear’ marking as well as a combination of single and double yellow lines to maintain satisfactory operation of the road at busy times. 11. The application proposes an additional pedestrian access to the north from Berrylands through Surbiton Tennis Club. Berrylands is a single carriageway road, approximately 8 metres wide, which links King Charles Road to The Roystons. It runs along the north western border of the school grounds, alongside the Surbiton Lawn Tennis, Squash & Fitness Club. The road is subject to a speed limit of 30mph and does not have any existing traffic calming. There are no parking restrictions along this road, permitting on-street residential parking to occur. 12. The application site has a PTAL of 1a (Very Poor). There are two bus routes with close proximity to the school but bus stops for these are located approximately 350 m from the application site. 13. On the application site there is existing parking provision consisting of 15 vehicular spaces, 30 cycle parking spaces and an additional 20 spaces for either bicycles or scooters. 14. The application would result in the increase of 60 children attending Christ A85

Church School with 4 additional staff. For the proposed school expansion, the future trip generation for the site has been determined using the School Travel Plan, assuming that the modal share will not change from the existing situation. The existing mode share data has been applied to the total proposed numbers of 60 additional pupils and 4 staff to determine the future trip generation following the completion of the school expansion. The results are summarised below:

51. The submitted Transport Statement demonstrates that the proposed school expansion would increase the number of trips to the school. By using the existing modal split, it is anticipated that the additional 60 pupils and 4 staff would result in an increase of 18 car trips, 1 bus trip, 4 by cycle and 41 walking to school. Taking this into account, the report concludes that this increase, and the measures proposed within the Green Travel Plan, would not result in harm to the surrounding highway network. 52. Concerns have been raised with regards to on-street parking as a result in the development. As stated above, the Transport Statement concludes that there would be 18 additional car trips, 15 by pupils and 3 by staff. Parking beat surveys were undertaken on Wednesday 30 th January 2013 between 07:00 – 16:45. This survey concluded that at 08:30 (peak of parking) only 25.4% of parking spaces were occupied in the local area at that time. As such, the additional number of predicted vehicular trips generated for the peak time of 08:30 would take the on-street parking use up to 37.2%. It is also noted that these parked vehicles are unlikely to occupy their space for any longer than 15 minutes. Given that the school does not propose to increase on-site parking capacity, 3 additional on-street spaces are likely to be required throughout the day for additional staff. The parking capacity in the area is considered to be able to accommodate this increase comfortably. 53. In order to mitigate the impact of the development on the surrounding highway network a number of mitigation measures have been proposed. The most significant measures involve the creation of an additional pedestrian entrance from the school playing fields, through the Surbiton Tennis Club and onto Berrylands. Other measures include: (a) Walking (i) Provide Active Travel/ Travel Plan notice board promoting walking A86

and road safety to pupils and parents (ii) Investigate the possibility of providing walkwise training and relaunch the Walking Bus; and (iii) Promote new pedestrian access provided via Berrylands (b) Cycling (i) Ensure a number of JRSOs are regular cyclers to school (ii) Promote cycling , school prospectus, newsletter and Active Travel/ Travel Plan notice board (iii) JRSO to promote cycling as a sustainable mode and introduce reward scheme (iv) Launch and promote new facilities including required cycle parking which should be secure (as stipulated in the TfL Cycle Parking Standards), cycle paths, and invite local media to events. Continue to monitor use of such facilities and provided additional stands as required. (v) Provide staff with TfL cycle route maps (vi) JRSOs to investigate setting up and managing a cycle club; and (vii) With plans for permanent expansion and increasing numbers on role investigate introducing cycle facilities in the vicinity of the school to encourage staff and pupils to cycle (c) Promotion and Education (i) Keep a copy of the travel plan in reception for visitors and parents (d) Parking (i) Investigate creating a parking management scheme to better manage spaces and encourage staff who can use alternatives to do so (e) Car Sharing (i) Encourage those who live further from school and drive to car share using a large map were interested pupils could mark their house; and (ii) Organise a breakfast or lunchtime session to identify if staff could potentially car share to and from work (f) Other (i) Investigate providing the Tax Free Bike Scheme for staff (ii) Set up a School Travel Working Group to include staff and pupils (iii) Offer staff personalised journey planners (inclusive of all viable modes, estimated journey time and cost) and provide all new staff with their travel options to encourage sustainable travel (iv) The police/ staff to monitor and regulate traffic at the beginning and end of school on Pine Gardens

54. The Council has recently entered into a Licence with Surbiton Tennis Club thereby securing access from Berrylands, through the sports club and into the sports grounds. 55. The Councils Neighbourhood Traffic Engineer and Sustainable Travel Officers have assessed the content of both the Transport Statement and the

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School Travel Plan and conclude that the details are acceptable and the development would not have a detrimental impact upon highway or pedestrian safety. Nevertheless, this is subject to the above mitigation measures being secured, along with buggy/scooter parking facilities. As such, it is considered that the proposal would accord with Policies CS6, CS7, DM8 & DM9 of the Councils LDF Core Strategy and Policy 6.9 of the London Plan.

Trees 56. There are 22 trees subject to Tree Preservation Orders (TPO’s) either in the site or on the boundary of the application site. The trees on site are growing on the boundaries of the school as part of intermittent linear groups. There are a range of tree species present on site including English Oak, Horse Chestnut and Lime. 57. The application does not propose the removal of any trees. However, the construction of the MUGA sports pitch would require specific mitigation measures to minimise the impact of the retained trees. Such methods include no dig construction methods; tree protective barriers and hand operations to re-instate an area back to grassland. These measures are set out in the Arboricultural Method Statement, submitted as part of this application. 58. Noting the Councils Tree and Landscape Officers comments, no objections are raised to the proposal, subject to the measures as set out in the Arboricultural Method Statement and Ecological Assessment being carried out.

Legal Agreements 59. No legal agreement is required for this application.

Sustainability 60. The proposed classroom building is less than 500 sq m in floor area. As such, no BREEAM requirements are sought, in line with Policy DM1 of the Councils LDF Core Strategy. Nevertheless, Policy DM1 does state that Buildings that are undergoing refurbishment or extension, but where the alterations are too small to be assessed under BREEAM are encouraged to comply with the policies for existing buildings set out in the Council’s Sustainable Design and Construction SPD. 61. At this stage the Council does not have a Sustainable Design and Construction SPD. As such, the applicant sets out within the Design & Access Statement how the proposal responds to the Energy Hierarchy, as set out in Policy 5.2 of the London Plan. 62. Policy 5.2 of the London Plan states that development proposals should make the fullest contribution to minimising carbon dioxide emissions in accordance with the following energy hierarchy: (a) Be lean: use less energy (b) Be clean: supply energy efficiently (c) Be green: use renewable energy 63. Energy and sustainability features of the classroom design include:

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(a) The ‘Connect’ classrooms have been designed to achieve high levels of energy efficiency. (b) Solid external walls means the building cost less to heat cool and maintain. (c) Openable windows providing fresh air to classrooms. Adopting natural vent principles. (d) Natural ventilation reduces CO2 build up in classrooms. (e) All ventilation complies with Building regulations Part L2A and Part F. (f) The Connect classrooms have renewable built in with both Solar PV and Air Source Heat pumps. (g) An electronic panel to display the power being provided by the Solar PV system. (h) Solar Panels by Conergy Powerplus 220 Monocrystalline 220Wp. Efficiency rating of 80%. (i) Inverter are to be provided to enable supply back to the UK grid. Ofgem approve meter back to fuse board. (j) Lighting controlled by conventional switches together with PIR absence detection. (k) Low pressure hot water provided by air – to – water heat pump. Supplying the under floor heating. (l) All internal rooms are ventilated with extract fans with PIR detection and maximum 15 minute overrun. (m) All basins within the building have sensor taps to reduce wastage of water. (n) All external windows and door glazing is to achieve 1.6W/m2k (o) Thermal Insulation in the concrete floor slab is to achieve 0.033 W/mK 64. Noting the Councils Sustainability Officers comments, it is considered that the proposal is acceptable, subject to a condition ensuring the installation and use of the Solar PV and Air Source Heat pumps.

Other Material Considerations Ecology 65. An Ecological Impact Assessment has been submitted as part of this application as there are a number of protected species and habitats within 1 km of the application site. (a) Birds - GIGL holds records of 35 species of notable birds within 1 km of the site. However, the majority of notable species recorded in the area are very unlikely and/or will not use the habitats present within the school grounds. (b) Badgers - GIGL holds three records of badgers ( Meles meles ) within 1km of the site from 2001 to 2011. The habitat on the application site is suitable for badgers. However, it is very isolated from other areas of suitable habitat. During the site visit conducted by the applicant no A89

evidence of badgers using the application site and the immediately adjacent land was found. Therefore, badgers are unlikely to be present on the application site. (c) Reptiles - GIGL holds one record of slow worm ( Anguis fragilis ) within 1 km of the site. This was recorded 921 m north east of the application site in 2001. The small area of habitat, the scrub border on the eastern side of the application site (TN4), has potential for reptiles to be present. This area backs on to gardens which may also be suitable for common reptiles. (d) Bats - LBG holds records of general activity of eight species of bat within 2 km of the application site. Most of the trees within the application site are young with no obvious features suitable for use by roosting bats. However, the mature oak (TN7) at the eastern end of the application site located within the bordering vegetation, has a large, south-facing hole in the trunk at approximately 10 m height which could be used by roosting bats. No evidence of bat roosts were found in the buildings on the application site. (e) Water Vole - GIGL holds nine records of water vole ( Arvicola amphibius ) within 1 km of the application site. However, there are no suitable habitats within the application site for Water Voles. (f) Hedgehog - GIGL holds two records of hedgehogs ( Erinaceus europaeus) within 1 km of the site. However, there are limited opportunities for hedgehogs on the application at present and no further assessment is required. (g) Invertebrates - GIGL holds 21 records of stag beetle ( Lucanus cervus ) and two notable species of moth within 1 km of the application site. The habitats within the application site are of low value for these species. No deadwood was present on the site which is a favoured habitat for stag beetles but there scrub and grassland at the edges of the application site could provide foraging areas. It is unlikely that these species are present on the application site. (h) Plants - GIGL holds one record of a notable plant species within 1 km of the site; corn buttercup ( Ranunculus arvensis ). This species is a weed of cornfields and prefers calcareous soil or clay but it can occasionally be found on disturbed land such as road verges. Therefore, it is unlikely to be present in the habitat on the application site. 66. The proposed works at Christ Church School will involve the loss of some amenity grassland and hard standing for the installation of a new teaching block and a MUGA pitch. There will be a loss of a large area of amenity grassland for the MUGA pitch. This habitat was assessed as having value for nature conservation in the context of the application site due to limited green space within and in the immediate surroundings of the application site. As such, to mitigate the loss of this grassland the Ecological Impact Assessment proposes: (a) Remaining grassland habitat on site will be enhanced by sowing flowering, native and locally sourced plant species at the northern end of the application site between the MUGA pitch and the northern border vegetation. This will include shade tolerant species due to the mature A90

trees present on the northern border. Following the works this area will then be put under a less intensive mowing regime which would involve a first cut to a level of approximately 5 cm with a strimmer and leave the initial mowing in situ for a few days to allow the seeds to drop to the ground and then collect up the mowing to reduce the soil fertility; (b) A green wall will be installed on one of the gable end walls of the new teaching block. This uses minimal land take to not only greatly benefit wildlife in the area but also provide an excellent addition to the environmental education of the school. 67. Additional ecological mitigation measures are proposed within the Landscape Design Statement. These include: (a) Hedgehog holes along the north western boundary of the site; (b) A Stag Beetle loggery to the northern end of the site, near the pedestrian entrance with Surbiton Tennis Club; (c) An insect wall along the north western boundary of the site; and (d) Attaching bird boxes to three trees within the application site. 68. Noting the Councils Green Spaces Officers comments, it is considered that the assessment as carried out is through and accurate and the proposed mitigation measures are considered to be appropriate and could be secured by condition. As such, the proposal complies with Policy DM6 of the Councils LDF Core Strategy and Policy 7.19 of the London Plan. Sustainable Drainage 69. The application involves the installation of an artificial sports pitch on the existing grass playing fields. Within the submitted Landscape Design Statement, page 5 sets out a drainage strategy. Within this it demonstrates that there would be main land drains around the permiter of the pitch with smaller drain pipes across the pitch. These pipes would drain the water into a soakaway and attenuation tank. This is considered to be acceptable.

Reason for Approval

1. The proposed building containing four classrooms, the artificial sports pitch, the substation, the cycle parking and other ground works would provide additional school places where there is an identified need, would improve the recreational use of the Local Open Space and would not have a detrimental impact upon the character and appearance of the area, residential amenity, ecology, highway safety or protected trees. The proposal therefore complies with Policies CS6, CS7, CS8, CS15, DM1, DM5(b & d), DM6, DM8, DM9, DM10 & DM23 of the Royal Borough of Kingston upon Thames LDF Core Strategy (Adopted April 2012) and Policies 3.18, 3.19, 5.2 & 6.9 of the London Plan (July 2011).

Recommendation :

Approve subject to the following conditions: 1 The development hereby permitted shall be commenced within 3 years from A91

the date of this decision. Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990. (As amended) 2 The development hereby permitted shall be carried out in accordance with the following approved plans: 1007/C Proposed external works/site plan, Planning Statement, Design & Access Statement, Construction Logistics & Management Plan, Ecological Impact Assessment, Arborictultural Impact Assessment, School Travel Plan Rev 2.0, Transport Statement Rev 2.0, 1000/A Existing general arrangement, 1001/A Existing floor plan & location plan, 1002/A Existing elevations, 1003/A Existing roof plan, 1004/C Proposed elevations, 1005/C Proposed general arrangement floor plan, 1006/C Proposed general arrangement roof plan, 1008/C Proposed MUGA Pitch, SLD/E14-LM1 Landscape Context Plan, SLD/E14-LM2 Context Plan, Landscape Design Statement, Arboricultural Method Statement, Energy Statement. Reason: For avoidance of doubt and in the interests of proper planning. 3 The 38 cycle parking facilities hereby as shown on pages 4 & 5 of the School Travel Plan hereby approved shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times. Reason: To ensure the provision of satisfactory cycle storage facilities and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012. 4 The facing materials to be used in the construction of the building shall be those specified on the application form and approved drawings or such other materials as have been approved in writing by the Local Planning Authority before the development is commenced. Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 5 The existing temporary modular classrooms, as approved under planning permissions 08/16297/FUL & 09/16116/FUL, shall be removed and the hard standing restored to its previous condition to be used as play areas for the school pupils prior to occupation of the development hereby approved. Reason: In order to ensure the re-provision of Local Open Space, the provision of a children's playground for occupiers of this development and to safeguard the amenities of neighbouring residential occupiers in accordance with Policies DM5 & DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 6 Works required to implement the development shall be carried out in accordance with the Kier Construction Logistics and Management Plan hereby approved. Such measures shall be maintained throughout the entire construction period. Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in

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accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 7 No external lighting shall be installed without the prior written approval of the Local Planning Authority. Reason: In order that the lighting shall not cause nuisance to nearby occupiers or be a source of danger to road users in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 8 The artificial sports pitch (MUGA pitch) hereby permitted shall not be used before 08:00 or after 18:00 Monday to Friday or at any time on Saturdays, Sundays or Bank Holidays. Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 9 Works required to implement the development hereby approved shall be carried out in accordance with the Arboricultural Method Statement (ref: P:\GBIP\DES\WAE). The approved protection scheme shall be implemented prior to commencement of any work on site and maintained to the reasonable satisfaction of the Local Planning Authority until the completion of the development. Reason: In the interests of visual amenities and so that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 10 Works required to implement the development hereby approved shall be carried out in accordance with the Ecological Impact Assessment (ref: ATK/FG/5117324/0002). The approved protection scheme shall be implemented prior to commencement of any work on site and maintained to the reasonable satisfaction of the Local Planning Authority until the completion of the development. Reason: To safeguard and protect the sites bio diversity and nature conservation value in accordance with Policy DM6 (Biodiversity) of the LDF Core Strategy Adopted April 2012. 11 Mitigation measures and ecological enhancements shall be carried out in accordance with the Ecological Impact Assessment (ref: ATK/FG/5117324/0002). The approved measures shall be completed prior to first occupation of the development hereby approved and retained in perpetuity. Reason: To safeguard and protect the sites bio diversity and nature conservation value in accordance with Policy DM6 (Biodiversity) of the LDF Core Strategy Adopted April 2012. 12 The School Travel Plan shall be implemented in accordance with details in the submitted School Travel Plan Rev 2.0 document and shall be updated and submitted to the Local Planning Authority annually for approval. The travel plan update will contain the results of annually repeated staff and pupil travel

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surveys, will demonstrate progress towards meeting targets and will contain an updated action plan setting out proposed travel plan measures for the following year. Reason: To promote the use of sustainable modes of transport and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012. 13 The proposed pedestrian access from Berrylands through the Surbiton Tennis Club to the application site, as shown on drawing 5118290/A/1007/C, shall be provided prior to first occupation of the development hereby approved and thereafter permanently retained for that purpose. Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012. 14 Secure, covered parking for buggies and scooters and covered parental waiting areas shall be provided before the development is first brought into use in accordance with details to be submitted to and approved in writing by the Local Planning Authority within 3 months of the date of this decision. Reason: To ensure the provision of satisfactory buggy/scooter storage facilities and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012. 15 The rating level of the noise determined by the cumulative sound emissions of the plant (sub-station) hereby permitted shall be at least 5dBA lower than the existing background noise level at any given time of operation. The noise levels shall be determined 1m externally to any window at the nearest residential façade. Measurements and assessment shall be carried out in accordance with British Standard 4142:1997 Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

Informative(s)

1 In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.

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