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Section 2 Application No: 06/03037 Ward:

Address: Ruxley Court, Widmore Road, BR1 3AZ

OS Grid Ref: E: 541305 N: 169481

Applicant: AMC New Homes Ltd Objections: Yes

Description of Development:

Demolition of existing buildings and erection of 4 storey building with lower ground floor containing a total of 23 two bedroom flats with 23 parking spaces and cycle store to rear and bin store to front

The above application was deferred at the Plans Sub Committee meeting of 29 March 2006 for the following reasons:

 to seek a reduction in the rearward projection of the building adjacent to Westland Lodge  to seek a revision to the layout which allows the retention of the Sycamore tree  to seek a reduction in the amount of hardstanding on the site  to investigate the possibility of underground parking.

The proposed development has been amended as follows:

 the rearward projection of the building has been reduced by 2.3m at the north east corner  23 two bedroom units are now proposed instead of 22 two bedroom and 2 one bedroom units  parking provision has been reduced from 24 spaces to 23  the sycamore tree will be retained  soft landscaping and pergolas will be introduced to the courtyard area  „grasscrete‟ paving will be used for the car parking thus reducing the impact of the hardstand areas.

The original Officer‟s report follows.

Proposal

The application site fronts Widmore Road along its southern boundary and currently accommodates a three storey block of 8 flats. Widmore Road is predominantly characterised by 3, 4 and 5 storey flatted development and the surrounding area also includes a mixture of detached and semi-detached

1 houses. Immediately to the west of the site is Andorra Court, a T-shaped 3/4 storey development of 73 flats, and to the east is Westland Lodge, a 4 storey block of 12 flats. The site shares a rear access with Westland Lodge.

It is proposed to demolish the existing three storey building and garage block to the rear and erect a Regency style 4 storey building with a lower ground floor. There will be a mix of render to the lower elevations with brick upper elevations under a slate clad mansard roof. The design features a central entrance porch, a symmetrical arrangement of windows and Juliet balconies.

This application relates to a proposed development at 102 Martins Road (ref. 07/00336) which will be considered alongside this application. It is proposed to erect a four storey block with retail shop (Class A1) and 4 car parking spaces on ground floor and 8 one bedroom and 4 two bedroom flats on upper floors. It is proposed to fulfil the affordable housing requirements of the Ruxley Court development through the provision of 100% affordable housing within the Martins Road development. The affordable housing will be secured through a Section 106 agreement.

Consultations

Nearby residents were notified of the application and a number of representations were received which can be summarised as follows:

 Overdevelopment  Out of character  Unsatisfactory design  Excessive bulk  Loss of light, outlook and privacy at adjacent properties  Increased noise and disturbance  Inadequate parking  Increased traffic and pollution  The acacia tree and other foliage along the west flank elevation should be retained  The west flank boundary wall should be repaired or replaced as a requirement of any planning permission  The proposed bin storage will attract vermin and cause odours  Proposed refuse store will attract vandalism  Loss of garages and boundary foliage will result in loss of a parking space at Westland Lodge  Inaccuracies in written statement  Hardstanding is excessive and unattractive  Detrimental impact on highway safety

Regarding drainage, the site is within an area in which the Environment Agency require restrictions on the rate of surface water discharge from new developments into the River Ravensbourne or its tributaries. Whilst Thames Water has no objection in principle it is recommended that the applicant

2 shows there is no threat of surcharge, flooding or pollution and ensures the separation of foul and surface water sewerage.

There are no objections from a highways point of view, although it is noted that the cycle store is not conveniently located for the flats.

Transport for London have expressed concern that the proposal will result in additional trip generation which will have an impact on the signalled junction of the A222 Widmore Road with the A21 Kentish Way and High Street, Bromley, where there have been 7 accidents over a 3 year period. A transport assessment should be provided to address TfL‟s concerns regarding traffic generation and the likely distribution on the road network, and therefore the impact on the junction. It is also suggested that the applicant makes a financial contribution towards potential safety improvements at this junction.

Following initial highways comments there are no objections to the proposal. Detailed comments will be reported verbally at the meeting.

Further responses to consultations will be reported verbally at the meeting.

Planning Considerations

Planning permission was granted at appeal under reference 04/02154 for the demolition of existing shop and erection of a 3 storey building comprising a retail unit (Class A1) and parking for 4 cars on ground floor with 4 one bedroom and 4 two bedroom flats on upper floors at 102 Martins Road. This scheme does not include affordable housing provision. The applicant argues that there are exceptional circumstances for permitting the off-site affordable housing provision for Ruxley Court within the development currently proposed at Martins Road. The 12 affordable units that will be provided at Martins Road will account for the 8 units required at Ruxley Court and 4 additional units over and above what could otherwise be achieved.

The site will be developed at a density of 104 units per hectare.

In strategic terms the most relevant London Plan policies are 4B.1 which sets out strategic principles of design, 4B.3 requires maximising the potential of any site with good, sustainable design consistent with its location, accessibility, etc whilst respecting local contexts and communities, natural environment and built heritage. 4B.7 requires development to respect local distinctiveness and preserve or enhance the social, physical, cultural, historical and environmental characteristics.

The proposal falls to be determined with regard to Policies H2, H3 H5, H7, T3, T5, T18 and BE1.

Policy H2 seeks to ensure a provision of 35% affordable housing in respect of schemes of 10 units or more.

3 Policy H3 states that payment in lieu of affordable housing on-site or provision in another location will be acceptable only in exceptional circumstances and where it can be demonstrated that:

 It would be impractical to transfer the affordable housing to a registered social landlord; or  On site provision of affordable units would reduce the viability of the development to such a degree that it would not proceed; or  On site provision of affordable units would not create mixed and balanced communities and there would be benefits in providing such units at another location.

Policy H5 requires a 10% provision of residential units suitable for wheelchair users within developments of 20 or more dwellings.

Policy H7 aims to ensure that new residential development respects the existing built and natural environment, is of appropriate density and respects the spatial standards of the area as well as amenities adjacent occupiers, and allows adequate light penetration into and between buildings.

Policy T3 seeks to ensure that off street parking provisions for new development are to approved standards.

Policy T5 requires that all development is designed to ensure ease of access for people with restricted mobility.

Policy T18 requires that issues of road safety are considered in determining planning applications.

Policy BE1 requires a high standard of design in new development generally, and seeks to protect the amenities of the occupants of neighbouring properties.

Central Government advice contained in Planning Policy Statement 3 seeks more efficient use of land whilst not compromising the quality of the environment.

Planning Policy Guidance Note 13 Transport seeks to integrate planning and transport policies to promote accessibility to employment, shops, leisure facilities and services by public transport, walking and cycling to reduce the need to travel, particularly by car. Maximum parking standards are advocated with low provision encouraged in more accessible locations.

It is considered that the main issues relevant to the determination of this application are the impact of the proposal on the character of the area and the amenities enjoyed by surrounding residents. Members should also consider whether exceptional circumstances have been demonstrated for the proposed off-site provision of affordable housing.

4 Conclusions

In terms of highways issues and impacts on the character and residential amenities of the surrounding area the proposal would appear acceptable. The remaining issue is therefore the arrangements for the provision of affordable housing. The applicant argues that the Martins Road development will satisfy the affordable housing requirements of the Ruxley Court development and deliver 4 additional units that could not otherwise be achieved. This is on the basis that there is an outstanding permission for 8 market units on the Martins Road site. However, if the two current proposals are considered together there will be 36 new residential units of which 12 will be affordable. Housing comments will be reported verbally at the meeting and in view of these Members are asked to consider whether exceptional circumstances have been demonstrated for the off-site provision of affordable housing.

Background papers referred to during the production of this report comprise all correspondence on file refs. 06/03037 and 07/0336, excluding exempt information.

RECOMMENDATION: MEMBERS VIEWS ARE REQUESTED

If members are minded to grant permission subject to the prior completion of a legal agreement (as amended by docs received 11 April 2007) the following conditions are suggested:

1 A01 2 A04 3 A06 4 A07 5 C01 6 C03 7 D02 8 H04 9 H16 10 H19 11 H22 12 H23 13 K03 14 K05

Development shall not begin until details of the following have been submitted to and approved in writing by the local planning authority, and shall be carried out in accordance with the approved details before the buildings are occupied, and the relevant works shall be retained thereafter; a) a scheme of energy efficiency measures and the generation of renewable energy; b) dwellings capable of occupation by wheelchair users and dwellings designed as “lifetime homes”

5 Reason In order to seek compliance with the Mayor of London‟s Energy Strategy and to comply with Policies 4A.7, 4B.1 and 4B.5 of The London Plan and Policies H5 and ER4 of the Unitary Development Plan.

The development hereby permitted shall incorporate measures to minimise the risk of crime and to meet the specific security needs of the application site and the development. Details of these measures and shall be submitted to and approved in writing by the Local Planning Authority and implemented in accordance with the approved details. The security measures must incorporate the principles and objectives of Secured By Design to improve community safety and Crime Prevention. Any security measures to be implemented in compliance with this condition shall seek to achieve the “secured by design” accreditation awarded by the .

REASON: In order to protect the amenity and general wellbeing of future residents thereby to comply with Policies H7 and BE1 of the Unitary Development Plan.

Informative: DI16

It is the responsibility of the developer to make proper provision for drainage to ground, water courses or surface water sewer. It must not be allowed to drain to the foul sewer as this is the major contributor to sewer flooding. In the disposal of surface water, Thames Water recommends the developer a) looks to ensure that new connections to the public sewerage system do not pose an unacceptable threat of surcharge, flooding or pollution b) check the proposals are in line with the DETR which encourages, wherever practicable, disposal on site of without recourse to the public sewerage system – for example in the form of soakaways or infiltration areas on free draining soils c) looks to ensure the separation of foul and surface water sewerage on all new developments.

AJ02 Justification UNIQUE reason OTHER apps

Policies (UDP)

BE1 Design of New Development H2 Affordable housing H3 Affordable housing H5 Accessible housing H7 Housing Design T3 Parking T5 Access for people with restricted mobility T18 Road Safety

Policies (London Plan)

4B.1 Design principles for a compact city 4B.3 Maximising the potential of sites 4B.7 Respect local context and communities

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If members are minded to refuse planning permission then the following grounds are suggested:

The proposal, by reason of the lack of on-site affordable housing provision and the absence of exceptional circumstances for off-site provision, would be contrary to Policies H2 and H3 of the Unitary Development Plan.

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