PDU Case Report XXXX/Yydate

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PDU Case Report XXXX/Yydate planning report PDU/2321/01 9 December 2008 40 Common Road, Stanmore in the London Borough of Harrow planning application no.P/3206/08 Strategic planning application stage 1 referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal An outline application for the replacement of nursing & care home with associated day centre. Access and layout to be assessed while other matters are reserved. The applicant The applicant is Jewish Care, and the architect is Kenneth W. Reed & Associates. Strategic issues The very special circumstances justify the scheme on Green Belt. The ecological assessment is acceptable in terms of biodiversity. Inclusive design is not fully demonstrated. Energy strategy should be submitted. Incorporation of water attenuation is required in relation to flooding. Commitment to the provision of 49 cycle parking spaces is required. Employment strategy should be submitted. Recommendation That Harrow Council be advised that the application does not comply with the London Plan, for the reasons set out in paragraph 53 of this report; but that the possible remedies set out in paragraph 55 of this report could address these deficiencies and that the application does not need to be referred back to the Mayor if Harrow Council resolve to refuse permission, but it must be referred back if Harrow Council resolve to grant permission. Context 1 On 5 November 2008 the Mayor of London received documents from Harrow Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 the Mayor has until 16 December 2008 to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. The Mayor may also provide other comments. This report sets out information for the Mayor’s use in deciding what decision to make. 2 The application is referable under Category 3D 1(a) of the Schedule of the Order 2008: ”Development on land allocated as Green Belt or Metropolitan Open Land in the development plan, page 1 in proposals for such a plan, or in proposals for the alteration or replacement of such a plan; and (b) which would involve the construction of a building with a floorspace of more than 1,000 square metres or a material change of use of such a building.” 3 Once Harrow Council has resolved to determine the application, it is required to refer it back to the Mayor for his decision as to whether to direct refusal or allow the Council to determine it itself. 4 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description 5 The site is located to the east of Common Road at Stanmore and is within the Green Belt; the Harrow Weald Ridge Area of Special Character; and is adjacent to a Metropolitan Site of Nature Conservation Interest. The site extends to 6.7ha and contains densely wooded areas, a large pond and open garden land to the rear of the building. 6 The existing Princess Alexandra nursing/care home accommodation as shown in Figure 1, comprises an extensive and irregular shaped 2-storey building with a 3-storey section plus some single storey elements and outbuildings. It provides 72 bedrooms plus various communal and ancillary facilities for both residents and staff. Figure 1 the existing nursing/care home (Source: applicant’s submitted doc). 7 The site has a public transport accessibility level ranging between 1a and 1b (on a scale where 1 is low and 6 is high). It is bounded to the north by the RAF Bentley Priory which is expected to be developed for residential uses with the Grade II* mansion building being converted into a museum and flats. To the south by land belonging to The Old Barn and to the west by the A409 Common Road which also forms part of the Strategic Road Network. The nearest London Underground station is Stanmore (on the Jubilee line) located approximately 3.7km south east from the site. Hatch End and Headstone Lane are located a short distance from the site providing National Rail and London Overground services. There is one main bus route 258 that runs along Common Road providing services between Harrow station and Watford Junction. Two bus stops are located within walking distance from the site. Details of the proposal page 2 8 The application seeks outline planning permission for the redevelopment of the existing Princess Alexandra Home buildings to provide a replacement nursing and care home with day care centre. Means of access and layout are to be determined at the outline stage, with design, appearance, scale and landscaping to be dealt with the reserved matters stage. 9 The redevelopment proposals include the demolition of the existing building and outbuildings and the construction of a 3-storey building to provide a new nursing and residential care home with day care centre. The new accommodation will comprise 122 bedrooms on the ground, first and second floors. Ancillary facilities are to be located in a single aspect lower ground floor formed by cutting into the sloping topography of the site. 10 The existing access from Common Road and the 74 car parking spaces distributed around the site will be retained. Case history 11 The site has been subject to a number of planning permissions over the past 30 years however the majority relate to minor works and extensions. The most recent application was granted approval in January 2006 for outline permission for redevelopment to provide a replacement nursing and care home with day centre. The application was not referred to the Mayor, although it should have been. Strategic planning issues and relevant policies and guidance 12 The relevant issues and corresponding policies are as follows: • Green Belt London Plan; PPG2 • Biodiversity London Plan; the Mayor’s Biodiversity Strategy; Improving Londoner’s Access to Nature: Implementation Report; PPS9 • Inclusive design London Plan; PPS1; Accessible London: achieving an inclusive environment SPG; Wheelchair Accessible Housing BPG; Planning and Access for Disabled People: a good practice guide (ODPM) • Sustainable development London Plan; PPS, PPS Planning and Climate Change Supplement to PPS1; PPS3; PPG13; PPS22; the Mayor’s Energy Strategy; Sustainable Design and Construction SPG • Flooding London Plan; Mayor’s draft Water Strategy; PPS25, RPG3B • Transport London Plan; the Mayor’s Transport Strategy; PPG13; Land for Transport Functions SPG 13 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is the 2004 Harrow Unitary Development Plan and the London Plan (Consolidated with Alterations since 2004). Green Belt 14 The application site is part of a larger area identified as Green Belt. Policy 3D.9 of the London Plan clearly indicates that Green Belt is to be protected from inappropriate development, and such inappropriate development should not be approved except in very special circumstances. The London Plan also makes clear that London’s growth should be sustainable and not encroach on London’s own precious green spaces (paragraph xi). The reference to “inappropriate development” flows directly from PPG2, which sets out the Government’s policy towards Green Belt. This policy is one of the most robust and enduring in the planning system. page 3 15 PPG2 identifies the purposes of Green Belt, which are: to check the unrestricted sprawl of large built up areas; to prevent neighbouring towns from merging; to assist in safeguarding the countryside from encroachment; and to assist in urban regeneration by encouraging the recycling of derelict land. Government guidance states that development is inappropriate unless it is for the following purposes: Agriculture and forestry Essential facilities for outdoor sport and recreation; for cemeteries; and for other uses of land, which preserve the openness of the Green Belt Limited extension, alteration or replacement of existing dwellings Limited infilling or redevelopment of major existing developed sites identified in adopted development plans, which meet the criteria in Annex C of PPG2 16 The guidance also identifies positive objectives for the Green Belt: to provide opportunities for access to the open countryside for the urban population; to provide opportunities for outdoor sport and outdoor recreation near urban areas; to retain attractive landscapes, and enhance landscapes, near to where people live; to improve damaged and derelict land around towns; to secure nature conservation interest; and to retain land in agricultural, forestry and related uses. 17 The proposal is not for one of the uses identified in paragraph 15 above and is therefore inappropriate. The applicant is therefore required to demonstrate very special circumstances to justify the proposal. 18 The applicant has stated, “the existing 2006 permission does not expire until January 2009 and can therefore still be implemented. It therefore provides the fallback position against which the current proposals must be assessed not purely the existing building on site. The current application seeks to effectively renew this application for a further period and as there has been no material change in circumstances since the existing permission was granted we do not believe additional Very Special Circumstance need to be justified. However without prejudice to this, justification for the proposed development in the Green Belt is set out below.” The main points the applicant has presented are: - The building is existing and has been in use as a care home for some time the use has clearly been established on the site.
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