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Railway Wharf, Down Hall Road, Kingston Upon Thames

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Railway Wharf, Down Hall Road, Kingston Upon Thames KINGSTON TOWN PLANNING SUB-COMMITTEE 4 JULY 2012 PLANNING CONSULTATION (11/12131/FUL): RAILWAY WHARF, DOWN HALL ROAD, KINGSTON UPON THAMES REPORT BY THE INTERIM HEAD OF PLANNING SUMMARY 1. This report seeks the Sub-Committee's views on application 11/12131/FUL for the permanent residential moorings for two boats prior to consideration of the application by the Development Control Committee. 2. This application was presented to the Kingston Town Planning Sub Committee on the 25 th May 2011 and was subsequently approved by the Development Control Committee on the 9 th June 2011. The decision was challenged by means of Judicial Review on the basis of a procedural matter, which was upheld, resulting in the decision on the planning application being quashed and leading to a requirement for the planning application to be reconsidered. 3. The application is still under consideration and although the period set aside for consultation responses has expired, some may still be received. Further information will be circulated to the Sub-Committee following an assessment upon the receipt of any further consultation responses. The proposal raises a number of considerations which are set out below in the main body of the report. RECOMMENDATION It is RECOMMENDED that the Sub-Committee express its views on the application so that the Development Control Committee can consider them when it determines this planning application. REASON FOR RECOMMENDATION To enable the Neighbourhood’s views to be considered SITE AND SURROUNDINGS 1. The application site concerns two moorings located to the north of and adjacent to Kingston Railway Bridge and the riverside car park off Down Hall Road. The moorings are designated as short-stay temporary moorings for the use of visitors to Kingston who arrive by boat and lie within Riverside North Conservation Area. 2. Immediately to the north of the site is the Barge Dock, currently occupied by the Richmond Venturer vessel. To the north is also the entrance to Canbury Gardens and to the east is the current redevelopment of the former Power Station site which will contain 370 residential units and a hotel. PROPOSAL 3. The proposal relates to the permanent residential moorings for two boats. Planning History 4. Relevant planning history relating to the site and which is a material consideration in the determination of the subject of the application concerns: (a) 06/12375/FUL (Approved) - Change of use to temporary residential moorings for a period of 1 year for 2 houseboats; installation of waste tank (b) 08/12582/FUL (Refused) - Change of use to permanent residential moorings for two boats (c) Application 08/12582/FUL was subsequently appealed under reference APP/Z5630/A/09/2111639/NWF (Dismissed) 5. Application 06/12375/FUL was approved for the mooring of two residential boats in the subject application site for a period of 12 months at the Councils Development Control Committee on the 1 November 2006 with the decision notice subsequently issued on 23 February 2007. 6. Application 08/12582/FUL was for the change of use of the moorings for the same two residential boats on a permanent basis. This application was considered by the Councils Development Control Committee on 28 January 2009, and subsequently refused on the 26 March 2009 for the following reasons: (a) The proposed change of use to permanent long-stay residential moorings would result in an unacceptable flood risk to the residents of the house boats in conflict with the aims and objectives of Policy K24 (Flood Risk Management) of the K+20 Kingston Town Centre Action Area Plan. (b) The proposed change of use to residential moorings would result in the loss of day moorings to the detriment of river users and in conflict with Policy K13 of the K+20 Area Action Plan and Policies 4C.7 and 4C.10 of the London Plan Spatial Development Strategy for Greater London Consolidated with Alterations since 2004. 7. An appeal was then made to the Planning Inspectorate and a Hearing was conducted in March 2010. On the 6 April 2010 an Independent Inspector dismissed the appeal and upheld both reasons for refusal. 8. In June 2011 The Councils Development Control Committee approved the application for the change of use, subject to the application being advertised as a departure from the development plan for 21 days and no new or substantive objections raising material planning considerations being received. The application was approved on the 14 th July 2011. Subsequently, the decision was challenged by means of a Judicial Review on the basis of a procedural matter, namely that the departure procedure undertaken was unlawful. The challenge was upheld, resulting in the decision being quashed and leading to a requirement for the planning application to be reconsidered. CONSULTATIONS 9. Neighbour Notification – 85 notification letters have been send out to neighbouring owner/occupiers and interested parties. (a) Letters of Support – 64 letters of support have been received. Comments of support include: (i) The boats are an attractive addition to the riverside (ii) The issues of flooding are overstated and the current occupiers have the skills to deal with such an event (iii) Using the site for freight purposes will create more traffic, trouble and noise (iv) The presence of the boats provides added security to the riverside (v) The wharf should be protected for residential use (b) Letters of Objection – 3 letters of objection has been received. Concerns include: (i) The boats have been illegally moored for over four years (ii) The previous reasons for refusal upheld by the Planning Inspectorate still remain valid (iii) The claim that there is little evidence for temporary moorings is incorrect and no proof has been provided to substantiate this (iv) There is no proof that the mooring is unusable for day mooring craft. If the wharf is unsafe then this is due to the Council and the applicants from neglecting the facility (v) There is no evidence to support the statement that the moorings contribute to the character and security of the area (vi) The flood risk is unacceptable. The location of one of the craft under the bridge causes concern and permanently moored craft are tethered in such a way that they will not be able to evade the rapid rise in water levels whereas a day mooring would (vii) The application is contrary to the Councils own planning policies and should therefore be refused (c) A number of other comments were made regarding the lack of enforcement action from the Council to move the Houseboats. This is a separate matter to the consideration of this application. 10. Council Neighbourhood Traffic Engineer - The application site is in an area that has very limited on street parking provision for residents, and where on street parking is already heavily subscribed. The lack of onsite parking would result in added pressure for residents parking provision in the area, and therefore, the scheme will need to be formally designated as a ‘car capped’ scheme. If planning consent is granted a legal agreement should be entered into covering: (a) A requirement to preclude residents from applying for on street residents parking permits, visitor parking permits and for permits to park in Council owned car parks in the area; (b) A requirement to inform potential buyers or tenants of the above exclusion to publicise the lack of parking provision in sales brochures. 11. The use of the area as a wharf has been investigated in connection with the construction of United House and Riverside Heights. For both of these projects the use of the wharf for (un) loading of materials was not found to be feasible. This is because of the close proximity to the entrance to Canbury Gardens and the conflicts with pedestrians and cyclists on Thameside. 12. Inland Waterways Association – Object - On many of the country’s waterways there has been a gradual disappearance of public wharfage. This has inevitable adverse implications for boat users who on occasion need short-term moorings at night, in emergencies or for access to a nearby town centre. Likewise the local community may find access to their waterfront is restricted. Availability of public wharves is an essential element in the wider use of any waterway. It should be the case that where it is agreed that a wharf has legal public status this should in no way be rescinded and particularly in the situation where a possible range of uses is replaced by a single use. – in this case it would seem for moorings for just a small number of static residential boats. There must on occasions, either for emergency or routine purposes, be advantages for other residential boat owners in having access to a wharf at which they may, for example, more readily handle equipment into or out of their boat. This planning application should be rejected. 13. Borough Valuer – No comment . 14. Commercial Boat Operators Association (CBOA) – Object (a) With boats permanently moored, the perception is erroneously correct that there can be as stated "little evidence of demand for such moorings at this location" (See Reasons for previous Approval). The reason being that the site is already occupied by moorers. This prevents any use by others, either pleasure craft wishing to temporarily moor, or for freight use - the unloading or loading of barges. With freight use, if it meant that lorry traffic was taken off local roads by transferring the freight to barge, then this would provide congestion relief to the highway infrastructure. (b) The argument for the benefits of the residential mooring in terms of their contribution to the security and character of the area outweigh the risk of flooding is flawed.
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