PLANNING APPLICATIONS COMMITTEE Item No: 2 13th December 2007

UPRN APPLICATION NO. DATE VALID 57/22/1623/027 (1) 07/P1347 24/04/07 (2) 07/P1344 24/04/07

Address/Site The Former Atkinson Morley Hospital and The Firs, , SW20

(Ward) Village

Proposal: (1) Alterations, extensions and new buildings in association with continued use of the site for hospital purposes (new private hospital). Alterations to existing vehicular and bus access and creation of a new bus turnaround. Provision of associated (131 spaces), landscaping, a cycle and footpath and sports fields. Retention of 27 car parking spaces off Cottenham Park Road for use by the Wolfson Rehabilitation Centre. Demolition of extensions and outbuildings associated with the hospital.

(2) Conservation area consent for demolition of extensions and outbuildings in association with the former hospital.

Drawing Nos AR/AN/GA-01, /MB/GA/TPA-11 E, /TPA-18 B, /TPA19 B, /TPA-20 B, /TPA-21, /FD/GA-01 B, /GA-02 B, /GA-03 A, /GA-04, /SP/TPA-08 D & Site Location Plan

Contact Officer: Michaela Mercer (0208 545 3981) ______RECOMMENDATION (1) GRANT Planning Permission subject to the completion of a Section 106 Obligation and conditions (2) GRANT Conservation Area Consent subject conditions

1. SITE AND SURROUNDINGS

1.1 The application site is approximately 9.95 hectares in area. It fronts onto Copse Hill to the north and extends southwards to Cottenham Park Road and Carnford Place, West Wimbledon.

1.2 The application site comprises the area occupied by the buildings of the former Atkinson Morley Hospital (Class C2) including the former nurses accommodation at the Firs. Whilst it includes part of the site containing the Wolfson Rehabilitation Centre it does not include any part of that building which is to remain in operational use.

149 1.3 Immediately to the south of the hospital buildings is an area of designated Metropolitan Open Land (MOL) which extends south towards Cottenham Park Road. This open land covers an area of approximately 7 hectares. A footway extending through the MOL connects Copse Hill with Cottenham Park Road and leads to a small area of existing parking sited adjacent to Cottenham Park Road opposite the now derelict former sports pavilion and groundsman’s cottage. This area was formerly used by staff of the hospital and the Wolfson Rehabilitation Centre, and is currently becoming overgrown. In the south- western part of the site there are redundant tennis courts. Scouts huts are located in the south western corner of the site which are in the applicants ownership.

1.4 The buildings that make up Atkinson Morley Hospital and the Firs are separated by the Wolfson Rehabilitation Centre (WRC), a neurological rehabilitation unit, all fronting Copse Hill. The entire site, except the Firs buildings and grounds fall within the Copse Hill Conservation Area. The main hospital building is locally listed although the additional buildings attached to and surrounding it are not.

1.5 The main access to the hospital off Copse Hill is located centrally in front of the hospital building where there is a bus stop and turning area for route 200 between and via Wimbledon. The tarmac area in front of the main front facade of the hospital is used for picking up and dropping off patients. Access to the site can also be obtained from the south of the site along Cottenham Park Road although there are no public rights of way through the site.

1.6 The Firs is located in the north western part of the site and comprises 4, 3- storey blocks of flats which were used to provide accommodation for nursing staff. The flat roofed buildings constructed in the 1960`s are vacant, outdated and in need of modernisation. 20 garages are located to the south.

1.7 Existing parking areas are interspersed throughout the site. The principal form of parking is located in the north east corner of the site with further hospital parking located to the south of the building within the boundary of the MOL. There are also areas of informal parking along the main driveway including an area to the north of the site to the east of the pavilion building.

1.8 The site slopes downwards from Copse Hill to Cottenham Park Road. There are open views of the site from the south but it is well screened by vegetation on the boundaries and within the site and the adjacent built form to the north within the site.

1.9 There are a number of trees within the site which are afforded protection by the (No 376) Tree Preservation Order 2004.

1.10 The application site is surrounded by residential development. The houses along Copse Hill, Prospect Place, Hillview and Cottenham Park Road are

150 located adjacent to the application site. To the north of the hospital, there are th two terraces of 19 Century houses facing Copse Hill, including Catherine Villas and Marguerite Villas. Further to the north, on Thurstan Road, are continuous th terraced houses on either side, dating back from the 18 Century.

1.11 To the northeast of the hospital, the former gardens to Cottenham House have now been developed with five substantial new houses which are accessed from Prospect Place. Cottenham House itself (now known as Prospect House) is well back from Copse Hill and is surrounded by mature trees, and to the rear of this property is a 1960s development in Cottenham Place.

1.12 To the south of the application site are detached and semi-detached houses on the south side of Cottenham Park Road which date from the 1950s, and there is a more modern residential development on Cranford Close and Hillview, to the southeast of the application site.

1.13 In the wider context, the A3 trunk road (the Kingston By-pass) is located some 500m to the west of the application site and Raynes Park station is located some 900m to the southeast. is situated approximately 300m to the north with Raynes Park the nearest district centre providing neighbourhood facilities for services, located approximately 1km to the south. The site is located approximately 2km from Wimbledon town centre, to the east.

2. CURRENT PROPOSAL

2.1 The proposal seeks conservation area consent for the demolition of the substantial extensions and ancillary buildings associated with the main hospital building and a number of freestanding buildings within the site. The hospital will be redeveloped to provide a new private hospital comprising a total of 88 beds. The hospital will have a total of 69 inpatient beds and 19 beds related to the out patient clinic. Approximately 75 people will be employed at the hospital.

2.2. The redevelopment of the main hospital building involves the erection of two new curved extensions at ground floor level to the east and west of the central frontage block facing Copse Hill (approx 5m high) with a square floor plan on the lower ground floor level below it; modifications to the two existing wings that flank the central tower block; a single storey extension to the south of the core hospital buildings and two 2 storey rear wings at round and first floor levels above the terrace formed by the flat roof of the lower ground floor level. These two wings project out from the south elevation and would be approx 8.5m high to eaves and 10.5m high to ridge from ground level and 13m to eaves and 15.1m to ridge from lower ground level, compared with eaves levels of 14.5m, 16m and 19m of the existing core building from lower ground floor level, and 17.5m and 23m to the ridges of the existing core buildings from lower ground floor level. An entrance portico will be incorporated into the front elevation and brown and green roofs will be provided to the north of the building with

151 accessible roof gardens to the south.

2.3 Immediately to the west of the main hospital building, a detached part two/ part three storey block will be erected. This building will accommodate a new fertility unit. The two storey part will be approx 8.5m high to eaves and 10.5m high to ridge, and the three storey part approx 11m high to eaves and 13.5m high to ridge. The roof would have a sloping mansard type face with an angle of 70 degrees, similar to that sought on mansard type roof extensions in other parts of the borough.

2.4 The former MRI building, to the north east of the main hospital is to be refurbished and converted to provide hospital administrative accommodation. No external alterations are proposed to this building. The former cafeteria building (to the southeast of the WRC) will be refurbished, with minimal changes to the external elevations, to accommodate a physiotherapy department with appropriate changing and shower facilities and welfare facilities for hospital staff.

2.5 The gas storage containers to the south of the cafeteria buildings will be replaced with a detached gas storage building. The incinerator and shed buildings further to the south will be demolished and replaced with two similar sized new sheds.

2.6 To the south of the site, the existing Pavilion building will be refurbished to serve the adjacent sports field. The bungalow will be refurbished to provide accommodation for the groundsman / caretaker.

2.7 The existing staff accommodation (20 flats) and garages on the Firs site will be refurbished for the occupation of staff working at the hospital. Some of these units will also be allocated to visitors of the hospital. Planning permission is not required for these works.

2.8 Access for all vehicles to the hospital, including service traffic will continue from Copse Hill. The two existing accesses to the hospital will be upgraded and modified. The primary access will lead to the existing turning area adjacent to the main hospital entrance and car parking located to the front of the site. The secondary access from Copse Hill will lead south to car park spaces to the west and south of the proposed hospital building. Both accesses are linked within the site. A service yard/bay will be located to the southwest of the main hospital building accessed via the secondary access. Access to the Firs and WRC will be modified to accommodate the relocated Route 200 bus stop and turning facility. (The turning facility is exactly as was approved in planning permission 04/P2678). The Firs and WRC will have a shared access leading south from the bus turning facility to the car parking area at the rear of the Firs site and the service area to the side of the WRC building. The car park at the front of the WRC will remain in use.

152 2.9 131 car parking spaces will be provided for the proposed private hospital. 64 spaces will be located at the front of the site in three parking areas accessible via the primary site access on Copse Hill. 67 spaces will be provided in parking areas along the internal access road that leads south from the secondary access and in an existing car park located to the rear of the proposed hospital building. 27 car parking spaces for the WRC will be provided in the disused car park to the south of the site in the area alongside the derelict pavilion accessed off Cottenham Park Road. Internal access between the WRC building and the car park will be via the shared pedestrian pathway/ cycleway that extends through the site. 20 spaces are located to the rear of the Firs site accessed via the existing access road from Copse Hill for use by the staff and visitor accommodation.

2.10 Pedestrian and cycle access to the proposed hospital will be via the primary and secondary access points. Internal footways provide linkage between Copse Hill and the hospital building. Pedestrian cycle/ access to the Firs will be via the shared vehicular access in front of the WRC off Copse Hill. The existing footpath extending through the site from the main hospital building to the disused car park in the south of the site located off Cottenham Park Road will be closed and will provide access only for hospital staff. A new pedestrian and cycle path is proposed taking a route from the existing pathway to the west of the WRC through and along side the woodland to the south to the southern car parking area and out onto Cottenham Park Road. 26 secure cycle parking spaces (Sheffield Stands) are proposed for the hospital to the west of the main entrance and to the south of the physiotherapy centre. An additional 10 spaces are proposed for the staff / visitor accommodation at the Firs.

2.11 Landscaping proposals include phased replacement tree planting on the site frontage to Copse Hill; formal roof gardens and green/ brown roofs to the main hospital building; native woodland planting through the site to integrate with the SINC, careful integration of car and cycle parking and sensitive routing of the new footpath and cycle route through the site. High quality metal railings are proposed to be located through the site taking a route from Copse Hill to the west of the Fertility Unit, Physiotherapy Centre and Gas Store and then along the western side of the central pathway until it meets the gate situated just north of the southern car parking area. The railings will have gates/ gaps and appropriate barrier planting to allow access for badgers. The lawn to the south of the main hospital building and the upper field to the south of the Firs will be managed as acid grassland with minimum intervention. The lower field in the south west part of the site will be resumed for use as sports pitches and the tennis courts refurbished. The new pedestrian/ cycle path will provide a safe and secure managed route through the land for public use. Rustic timber wire fencing is proposed on both sides of the path with gates/ gaps and appropriate barrier planting to allow access for badgers. The path would be resurfaced with appropriate material. It is proposed that the path be used during daylight hours as it is unlikely to be attractive to users in darkness and the introduction of lights could have negative ecological consequences.

153 2.12 The proposals will allow managed public access to the sports pitches and tennis courts for recreational use by local clubs and schools. Pre arranged access to the land for local schools education purposes is also envisaged.

3. PLANNING HISTORY

3.1 The Planning Applications Committee on the 20th October 2005 granted planning permission and conservation area consent (Ref: 04/P2678 & 04/P2684) for the conversion of the former Atkinson Morley Hospital main building and the demolition of extensions and outbuildings around the hospital. The proposal included: “the demolition of the former nurses accommodation at the Firs and the erection of a new development to provide a total of 94 residential units (including 28 affordable dwellings); alterations to the existing vehicular and bus access and the creation of a new turnaround; the creation of 765sq.m. of Class D2 (gymnasium) use and 144 car parking spaces for use by the Wolfson Centre. Permission was granted subject to a S106 Agreement securing the provision of affordable housing (30%), the transfer of the MOL to the Council together with a financial contribution towards on going costs of the maintenance of the MOL, the provision of a bus turning facility with a shared cycle and public footpath and its designation as public highway, sustainable transport initiatives, a traffic calming scheme on Copse Hill, a financial contribution towards childrens play facilities, the construction of a (lighted) footpath through the site for use by the public, the retention of the car park adjacent to the pavilion building for the car parking associated with the use of the playing fields adjacent to the pavilion on cessation of use of the Wolfson Centre as a medical facility, a financial contribution to the funding of education provision within the borough and the payment of the Councils legal and professional costs in preparing, completing and monitoring the legal agreement.”

3.2 In August 2003 two planning applications (Ref: 03/P1746 and 03/P1758 (duplicate application) were submitted for the redevelopment of the Atkinson Morley Hospital, The Firs, Copse Hill and St George’s Hospital Sports Ground, Cottenham Park Road, SW20. These proposals involved: “Demolition of part of the former Atkinson Morley Hospital main building together with all extensions and outbuildings. Redevelopment of the site to provide 102 residential units and a gymnasium of 765m² (the proposed new buildings to the front, rear and sides of the main hospital building would be 2, 3, 4 and 5-storey buildings). Demolition of existing nurses accommodation at the Firs and redevelopment to provide 47 flats and houses (of which 45 flats would be for affordable housing) within 3 and 4-storey buildings. Alterations to existing vehicular access and provision of a replacement bus turnaround. Creation of a new vehicular and pedestrian access including new footpath/cycle way. Formation of 206 car parking spaces and 7.9 hectares open space for public use. Provision of landscaping.” Two applications for conservation consent were also submitted at this time (Ref: 03/P1755 and 03/P1759 (duplicate application)) for the demolition of 51 buildings on the site including the two original ward wings of the hospital, in connection with the redevelopment of the

154 site. These applications were withdrawn on 26th April 2007 following the grant of planning permission for applications 04/P2678 & 04/P2684 on 20th October 2005.

3.3 Numerous planning permissions (27 in total) have been granted since the 1950`s for extensions and outbuildings providing new/ improved facilities and accommodation, including residential accommodation, in association with use of the site for hospital/ medical purposes.

3.4 Planning permission was granted in October 1996 (LBM Ref 96/P0132) for the repositioning of the access, bus stop and alteration to the layout of car park serving the Hospital.

3.5 In respect of the open space to the rear of the Hospital and the Firs, permission was given in July 1953 for the formation of private playing fields for use by the hospital including the erection of a pavilion with groundsman’s living accommodation.

3.6 There have also been subsequent applications (12 in total) for the pruning, trimming, removal of branches, reshaping, crowning and removal of trees within the grounds of the Hospital since the area became a conservation area and various trees were made subject to a Tree Preservation Order.

4. CONSULTATION

4.1 The applications were advertised in accordance with statutory publicity requirements for major applications and included site and press notices, conservation area site and press notices and the despatch of 494 individual letters to neighbouring residents.

4.2 The application was not required to be referred to the Government Office for London because the site area is less than 10 hectares, the erection of buildings proposed is less than 15,000 sq.m (5,850 sq.m proposed) and the proposal does not involve the construction of a building with a floorspace of less than 1,000 sq.m on land allocated as MOL (154 sq.m proposed within MOL).

4.3 In response to the consultation exercise 23 letters of objection have been received together with letters from LUNG, The Wimbledon Society, The North West Wimbledon Residents Association, and The Morley Park Trust all of whom also object to the proposals.

4.4 The grounds of objection from the individual letters are summarised as follows:  The proposals involve building on the MOL - hospital car parks and the new bus stop and turning circle.  New buildings and the proposed extension to the hospital are on the boundary of the MOL and part of the extension is on MOL ground.  Approximately 64 of the proposed car parking spaces are on MOL.  The use of MOL for car parking for hospital staff etc is contrary to national and

155 unitary development plan policy and site brief guidance.  Use of MOL servicing a bus turnaround outside the WRC is proposed without adequate compensation.  The management and use of MOL is cause for great public concern.  The Council must safeguard against future encroachment onto MOL, the applicant needs to be made aware of the constraints on future expansion of the hospital.  Legal agreements and obligations must be watertight to allow public access to the MOL and the sports fields.  There is no provision for funding and maintenance of the MOL including the playing fields.  The use of MOL for car parking is not acceptable, nor is the construction of buildings right up to the boundary of the MOL.  Encroachment on MOL is only appropriate if areas of land are offered in compensation.  Continued access to the MOL for informal recreation by local people should be allowed, the same level of access that has existed for many years should be maintained.  The reinstated playing fields and sports pavilion should be accessible to local schools and clubs throughout the week.  Is there a need for another sports ground in this area.  The area should be maintained as open common land, a habitat for wildlife and an amenity for local residents.  Nothing specific has been submitted from the owners on how they will maintain MOL, how access will be offered and how long it will continue.  Continued access to MOL for informal recreation is required.  The Council need to negotiate a legally binding agreement with the owners that clarifies how they will enhance and protect the MOL (particularly the playing fields) and for how long.  A good deal of work has been done to create a framework for bringing the MOL into public ownership. It is the only way the future of this valuable community asset can be assured.  The footpath should be fenced on the western side but open to the fields.  The existing footpath has been used for more than 20 years.  The proposed new footpath is an intrusion into MOL and contrary to planning rules.  The footpath should be open 24 hours a day.  The proposed routing of a new footpath through the site and the closure of the existing north/ south footpath and the fact that the proposed path will only be useable in daylight hours is unacceptable.  The publics` use of the footpath must be secured.  There is no need to move the existing footpath from Cottenham Park Road to Copse Hill.  The plans in relation to the footpath and its use are unclear.  A footpath cannot be moved to suit the particular circumstances of the applicant.  Need to retain the direct route of the existing central pathway and it should

156 remain open 24 hours a day to allow the necessary usage for public and staff during work hours.  The proposal involves a considerable loss of trees leading to a loss of quality environment and is unacceptable.  Unacceptable destruction of at least 26 trees on the Copse Hill side of the site all with TPO`s to ease the placement of new buildings.  Trees on the site define the sites appealing character. Too many trees will be lost as a result of the proposal, the plans should be amended to preserve the quality of the site.  The very large increase in parking spaces implies large increases in traffic in the area which will increase danger to residents and reduce their quality of life.  Insufficient parking spaces proposed to meet the needs of patients, staff and visitors will lead to overspill into surrounding roads.  The resiting of the bus terminal will spoil the frontage of the WRC.  The Developer appears to be vague about the use of land by the local community.  There are gaps in the application, there must be clear proposals relating to sustainability, general environmental impact, nature conservation and landscaping.  The character of the conservation area should be maintained.  The application is supported in principle as it will ensure the life of the old building is revived.  The principle of a hospital being re-established on the site is welcome and preferable to the previously approved residential scheme.  The hospital needs a new name, the Atkinson Morley Unit is at St. Georges Hospital, .

4.5 LUNG (Launching Urban Neighbourhood Green) have submitted 2 separate letters objecting to the proposal on the following grounds:  The proposed new footpath is not fit for purpose or user friendly.  It is not credible that staff will walk along the foothpath rather than park in Drax Avenue or Almer Road. The fact that the car park was approved by the previous administration does not set a precedent for future schemes.  Unless the hospital building is set back from the boundary with the MOL it will set a precedent for future incursions into the MOL.  The trees that would be lost make an important contribution to the Copse Hill street scene and the adjacent/surrounding conservation area, form part of the setting of the locally listed hospital building; and provide an important wildlife habitat and contribute to the quality of the air.  The arboricultural implications assessment does not use the latest TPO for sweet chestnuts, refers to several protected trees as specimens with only low or moderate retention values, and is misleading in terms of the total number of trees to be removed.

4.6 The Wimbledon Society object to the proposal on the grounds that:  The MOL boundary shown on the drawings is inaccurate.  A bus turnaround, extensive private hospital parking and parking for the WRC is

157 proposed in MOL.  Proposed new buildings are not set back from the northern boundary of the MOL and will affect visual amenity of open space and character of this part of the conservation area.  There are no firm proposals that the open space will be renovated and continue to be open to public access and maintained in active use as is the current case.  Significant impact on TPO trees which will affect the character of the Conservation Area.  Inadequate car parking available to meet the needs of hospital staff and visitors. Underground parking should be considered.  The detailed design of the new public pedestrian/ cycle route is not satisfactory, there are no clear proposals on how this route is to be upgraded and made safe for public use.  The height and position of the new fertility building would alter the sense of openness within the site affecting the character of the conservation area and will jeopardise any future development of the Wolfson building.  A major public building complex like this should be designed to minimise its use of energy and the incorporation of energy generation should be an integral part of the overall design concept.  The public footpath along the western boundary of the site should be widened by setting back the fence line.  Any future planning permission should be accompanied by a S106 Agreement covering the upgrading of the open spaces and pavilion, the future maintenance of the open lands, public access arrangements, public footpath/ cycle path adoption, tree replacement and ensuring specialist archaeological investigation.

4.7 The Morley Park Trust object to the proposal on the following grounds:  Unacceptable damage/ loss of trees protected by TPO`s  The siting of the new extensions will injure the visual amenities of MOL.  The proposal involves construction of a new building in MOL.  The proposal involves change of use of MOL – the car park off Cottenham Park Road, the car park to the south of the redevelopment buildings and the new bus turnaround.  The proposed new footpath and cycleway is not suitable for disabled persons and would be available for use only during daylight hours.  The proposal is contrary to UDP policy and the Planning Brief.

4.8. North West Wimbledon Residents Association comment as follows: NNWRA welcome many aspects of the proposal:  The provision of the private hospital and the retention of the original core building.  Creation of a practical style for the refurbished and extended new buildings in keeping with originals.  Promises to restore the playing fields, pavilion and groundsman cottage and make available some access to woodland.  The council should have binding conditions if permission is granted in relation to:

158  Incursions into MOL are reduced to a minimum.  The exact number of trees to be destroyed are accurately determined, that conditions for tree protection and replacement are guaranteed  The reinstatement of the playing fields  The replacement or refurbishment of the pavilion and the groundsman’s cottage, provision of parking for users of playing fields, and means for maintenance of these facilities for a period of 25 years is guaranteed by S106 conditions.  The footpath connecting Cottenham Part Road and Copse Hill is routed so that it does not damage MOL and playing pitches and its levels surfacing, fencing and lighting permit public use in full safety at all hours – this is guaranteed by Section 106.  Refurbishment of the Firs does not incur an increase in the height of buildings, loss of views through the site  All contaminated soil and debris from previous occupancy of the AMH site is cleared.  All drainage is adequate for the new hospital and all its associated buildings (proposed drainage is inadequate and a health hazard.

4. 9 AMENDED PLANS RECEIVED - Following the initial consultation and in response to concerns raised, the scheme was amended and further consultation carried out. The amendments include:  Alteration to roof form and pitch of the proposed extensions to the main hospital building.  Retention and protection of the magnolia tree (No 3) and removal of the Holm Oak sapling growing within the canopy.  Creation of new pond in upper fields (to be secured by condition)  Traditional portico design for fertility unit entrance.

New drawings have been submitted showing; Proposed sheds in MOL (within footprint of existing structures). Proposed gas bottle store (replacing existing gas storage containers). Proposed eastern elevation of the main hospital building. Proposed north-south cross section through the east-west orientated wings. Proposed fertility unit. Corrected MOL boundary beside the Firs.

4.10 All consultees, objectors and the local residents groups were re consulted on the receipt of amended plans. 39 letters of objection were received which are summarised as follows:  Proposal for the footpath is unacceptable and unsafe.  The reinstated playing fields and sports pavilion should be accessible for local schools and clubs throughout the week.  The Planning department should work immediately on creating a Section 106 Agreement.  There should be enough budget to carry out these activities on an annual basis

159 for the next 25 years.  Create a process by which the owners and residents can have ongoing dialogue about this space with the support of councillors and officers.  We need to remember that the site was given to the public care system by Mr Atkinson Morley to benefit the health of the residents of London.  The refurbishment or demolition and rebuilding of the pavilion should be agreed.  Laguna Quays should be a good neighbour to the local community it operates within.  There needs to be genuine dialogue and compromise over the path design.  The existing state of the footpath is a disgrace; a fallen tree obstructs it. Laguna has made no attempt to remove this.  Most of the patients will be non-local providing very little benefit to the local community.  Most of the jobs created will be for the medical staff and therefore diverting them from their existing service.  A section 106 Agreement is not a satisfactory alternative to a comprehensive plan for the whole site.  The decisions made on this site set precedents for the future of other MOL.  Brambles already provide a more than adequate deterrent to walking into the woods. Brambles are far preferable to a fence.  Cottenham Park Road is a beautiful area and should remain this way.  With the closure of the Atkinson Morley and the disused sports ground buildings the area is now looking neglected.  Sufficient consideration has not been given to who will use the refurbished facilities and playing fields.  The decision not to demolish and replace the semi-derelict buildings seems to indicate Laguna Quays are working to an extremely limited budget.  The Council has not researched or responded to the request to declare the footpath as a Public Right of Way.  Hope that the absence of a professional report will not have long-term implications to the detriment of the local community.  Important trees could be saved with a closer review of the requirements of the site.  A replacement planting scheme should be more closely specified with details of planting and maintenance policy, specimens and timetable.  Extra thought must be given to the tennis courts that may provide an adventure playground for local children.  Merton Council should consider the best interests of the community.  If the conditions are not met now, the area could be sold on to developers in the future.  Planning consent is Merton’s last negotiating tool.  The Petersham Meadows model (Richmond) is the only solution to the Atkinson Morley playing fields problem.  Laguna should be required to transfer ownership of the playing fields to a limited company with the aim of preserving open access and community enjoyment.  It is a national disgrace that the land was ever sold in the first place.

160  This problem could have been avoided if the land had been sold in two lots. One to Laguna Quay and one to a body dedicated to preserving the MOL.  By raising awareness of what has happened here hopefully the NHS will act more carefully in the future and not sell off open land.

No other new issues were raised in the individual responses.

4.11 RAWW (Residents' Association of West Wimbledon) comment as follows:  The idea that staff from the Wolfson Rehabilitation Unit should use the new route to access a car park adjacent to Cottenham Park Road would be inappropriate in the dark and poor weather conditions.  Using the playing fields and pavilion for commercial ventures is unwelcome due to an increase in noise and cars.

4.12 The Wimbledon Society comment as follows:  The proposal would conflict with national guidance PPG2 and UDP policy NE2  An enclosed path through fields with no escape is unsafe and unsustainable.  It is important that the Council acts to uphold the public’s right to open space for which it is held accountable.  No studies have been presented on securing pedestrian routes through the site during construction.

4.13 LUNG comment as follows:  The route is not a commuter route but a meandering leisure walk.  Lighting of the north/south footpath was specified in the residential scheme and there is not reason why lighting should not be introduced on this proposal.  Access by arrangement only during the hours of sports matches is unacceptable.  Dereliction of the site has not been caused by local people but through neglect of NHS estates and Laguna Quay.  A more cost effective measure would be to demolish the existing pavilion and construct a new one.  The occupants of the groundman’s cottage should be screened as suitable persons to work in close proximity to young people and open spaces.  No studies have been undertaken on the patterns of car use and total parking needs of the Wolfson patients and employees.

4.14 1 letter of support received which is summarised as follows:  No objections to the alterations and hopes Laguna Quay will proceed promptly after receiving approval.

4.15 SUPPLEMENTARY STATEMENT – An additional statement has been received providing further details of the proposed new footpath linking Copse Hill and Cottenham Park Road (including details of fencing /railings, proposed recreational and educational facilities (including management and access of the metropolitan open land to the south of the hospital buildings), plus additional miscellaneous information.

161 4.16 All consultees, objectors and local residents groups were re consulted on the receipt of the statement. 19 letters of objection were received which are summarised as follows:

 The Section 106 should contain ‘clear, sustainable and enforceable’ plans.  Local residents will have an increased cynicism towards politicians if an enforceable undertaking is not carried out.  There should be safeguards to prevent local schools or groups paying commercial rates for the use of the playing fields and facilities  Access to the MOL would not in any way compromise the proposals for the hospital or its security.  Suspicions regarding the real intentions of the applicant with regard to the future of this land have not been openly stated.  The supplementary statement failed to provide information on the funding to be put in place to secure the restoration and maintenance of the MOL.  No timetable is given which would secure the completion of the restoration of the MOL simultaneously with the construction of the hospital and therefore there is a risk of the developer running out of funds before the work on the MOL is complete.  Asking local schools and scouts to pay full commercial rates is not a conductive strategy to encourage youngsters to use the facilities.  Laguna are trying to go back on their original promises regarding access to the MOL, the footpath and restoration of the pavilion.

4.17 The Wimbledon Scout Group comment as follows:  A letter was sent to Laguna Quay explaining that the scouts would like to use the disused tennis courts that adjoin the Scout Head Quarters.  New resurfaced tennis pitches would be underused, as there are existing ones in Cottenham Park within 100m of the site.  ‘Tennis’ corner should be left fallow for wild life and for the use of young people/nature groups.  The rebuilt or refurbished building could possibly to be used as a youth provision/nature centre.

4.18 LUNG’s comments are as follows:  The proposals in the supplementary document are not consistent with the Planning Brief.  The document fails to make clear the applicant’s intentions on major points about the restoration and management of the MOL and this should be addressed in a S106 agreement.  There is no commitment to a period of time for the retention and maintenance of the footpath and the MOL  The document fails to provide a commitment to complete the project.  A footpath through wooded and open land, fenced on both sides is not regarded as safe.  It would not deter those with intentions of vandalism, as they would be able to

162 climb over it regardless it being day or night.  The document states that the use of lighting would have a negative impact upon wildlife activity. However, lights attract the local badger population and the historic lighting of the footpath has not deterred the bird and bat population. Also badgers locally are often seen on the roads around the hospital site at night when lighting is on.  Using the MOL to accommodate 27 parking places is a non-conforming use for MOL as it does not support the use of the MOL and is therefore unacceptable.  The use of the club room and bar for sports or any commercial letting should be restricted to normal licensing hours to prevent noise nuisance to adjoining residential properties.  It seems Laguna Quays intend to operate as a private sports club, which is not in the spirit of their earlier statements, the Planning Brief or Local Councillor commitments.  The public would have no way of knowing in advance when the gates might open or when there was a chance of walking on the fields as there would be no regular public access.  It would be unlikely that local maintained schools would be able to afford commercial rates to benefit from this environmental resource.  LUNG would expect to see the following in relation to a S106 when presented to the Planning Application Committee:  Conditions to secure the permanence of the footpath cycle path as a public footpath cycle path, lighted and way marked.  Maintenance of the MOL and guaranteed funding to support this.  The operation of the new hospital would not be permitted until completion of the agreed restoration works to all parts of the MOL.  Access across the site guaranteed during the construction period.  Hours of operation of the club room/bar for sporting or commercial uses should be restricted to take into account of potential noise nuisance to adjoining residential properties.  Merton Council should agree a detailed description of all fencing including boundary fencing of the site.

4.19 As part of the consultation process in respect of this application a public meeting took place on 26th September 2007 and 18 letters were received following this meeting. These are summarised as follows:  The applicants should start cleaning the site whilst waiting for the planning approval.  Money for future maintenance should be guaranteed.  The patients and doctors of the hospital and fertility unit should be all ethnic backgrounds and not a single ethnic group.

4.20 The North Wimbledon Residents Association (NWRA) provided the following comments from the meeting:  Much work and preparation is yet to be done for a successful Section 106.  Sufficient money should be guaranteed for:  The cleaning up of the site

163  The re-instatement of the pitches  The refurbishment of the pavilion  Demolition and replacement of the pavilion  Refurbishment of the groundsman cottage  For the future maintenance of the pitches, woodland and their administration  There should be an on-going body to keep reviewing the success of the scheme.

4.21 LUNG provided the following comments from the meeting:  Hospital scheme is preferred to the 2006 housing scheme.  A forum comprised of councillors, the Leisure Department, site owners and LUNG representatives should be set up to prepare a fully planned Section 106 agreement.  Viability studies need to be carried out for the design of the sports fields in order to provide optimum community use.  The existing pavilion needs to be replaced by a more modest, user-friendly building.  The dereliction of the site has been caused by the deliberate neglect of the NHS and subsequently, Laguna Quays.  The neighbouring Oberon playing field has gates kept open, no groundskeeper and vandalism is consequently not a problem. Laguna Quays should have a much more flexible approach to the concerns and issues of access.  Merton Council should produce studies to demonstrate how a total of 47 car- parking places for staff and patients will suffice without further impact of car parking on local streets.  During the operation of the Atkinson Morley Hospital there was a number of sewage spillages across the playing fields. Investigation of the polluted areas would need to be checked to stop any further spillages occurring.  Nomination and test of financial soundness of the organisation or its successors to manage the MOL for a period of no less than 25 years.  The current scheme is an entirely new application and must be assessed on its merits. The owners must provide reasons why MOL to be used as a parking area should be approved in this instance.  Planning permission for parking on the land adjacent to Cottenham Park Road was not formally granted.  Merton Council should ask Laguna Quays to provide independent traffic studies of the effect on local streets form the demand of patients, staff of the Wolfson and sports players.  A number of schools were contacted regarding sports facilities. The survey reflects a serious shortage of sporting facilities for schools and young people.  A pavilion with changing rooms, showers, toilets, kitchen, club room (possibly bar) should be provided alongside facilities for cricket, football (junior, senior and mini pitches), rugby, possibly hockey (with lights) and a children’s playground.  A business plan should be devised showing what parties would use, maintain and administer the playing fields.

4.22 1 letter of support received which is summarised as follows:  The proposal is more acceptable than the previous housing scheme and should

164  We do not want Laguna Quays to pull out and have the site sold to developers.

4.23 Individual letters were sent to the Head Teacher of 5 local schools to establish whether they would be interested in using the facilities if they become available. The responses are summarised below:

4.24 Kings College School (KCS) comment as follows:  KCS would be interested in using the sports pitches at the Atkinson Morley site.  KSC would prepared to be involved in, or totally responsible for the maintenance of the pitches once renovated.  Would be interested in a groundsman or other employee of KCS being a tenant of the Groundsman cottage for presence and security.  Would be willing to be involved in the administration of the pitches.

4.25 Wimbledon College would like to have access to:  Additional rugby pitches on a Saturday  A football pitch during the week  Tennis courts during the weeks  The possibly of using the perimeter as a circuit for junior cross country  A cricket wicket during the week

4.26 Design and Review Panel -  The strengths of the scheme include the bringing back into use the open space and playing fields with some public access, the retention of the Locally Listed hospital building, the removal of temporary buildings, the continuance of the historic use of the site as a hospital, the logical and sympathetic extension of the locally listed hospital building, and the incorporation of sustainability issues.  The weaknesses of the scheme are not enough parking (but more parking would damage the landscaping qualities of the site), the maintenance of existing parking arrangements on the MOL, the roof form of the two southerly projecting wings does not relate well to the hipped roof form of existing, the new fertility building standing forward of the existing buildings, the design should not attempt to ‘fool history’ and a contemporary approach would be better but if the original architecture must be copied then small details should be accurately replicated, and there would be difficulty in creating attractive outdoor spaces in proximity to the plant room positioned below the southern terrace.

4.27 Plans and Projects - Design Officer – The overall effect of the development is beneficial to the character and appearance of the locally listed building and the conservation area when compared to the present situation. No objection to the proposals subject to the inclusion of conditions on design, detailing and materials for the alterations and extensions to the locally listed building, other proposed buildings and for further detailed approval in respect of the design of the entrance off Copse Hill including details of boundary wall, piers and gates and the formal landscape approach to the entrance portico.

165 4.28 Plans and Projects - Policy – No objection, the proposal will not conflict with the purpose of including this area as MOL as the additions proposed are minor in relation to the scale of the existing building. Policy NE.1 protects against the development of new and existing buildings, on or near land that is designated MOL unless very special circumstances can be demonstrated that clearly outweigh the harm caused. In this case the proposals remove certain unsightly outlying buildings that currently have a negative effect on the openness and character of the MOL which outweighs the harm caused by the minor additions on MOL land to the locally historic building. Overall this will have a positive effect on the character of the MOL designation. The provision of the proposed health facilities are supported as they will be of benefit to residents and will raise the profile of medical excellence in Merton. The renewable energy proposals set out in the Energy Statement will meet Policy PE.13. suitable planning conditions need to be included to secure 10% renewable energy provision.

4.29 Tree Officer - Whilst the proposal will result in the loss of some trees, the loss will be mitigated by a comprehensive re landscaping of the entire grounds of the hospital to the benefit of the visual amenities of the area. No objection to the proposal subject to the imposition of appropriate landscaping/ planting conditions and the implementation of the proposed landscape plan.

4.30 Transport Planning - consider that the proposed parking provision is acceptable and that the proposal will not have a detrimental impact on existing highway conditions in the locality. They have raised no objection to the proposal subject to the imposition of conditions relating to the submission for approval of details of amended vehicle accesses, visibility splays, pavement and parking control amendments, signage, cycle parking and a car park management plan. The applicant will also be required to sign a Section 278 and 38 Agreement and a S.106 Agreement requiring the submission of a travel plan, the designation of the proposed shared cycle/ public footpath as a Public Right of Way and the bus turnaround facility as a public highway, and the retention of the car park for use associated with the playing fields upon the cessation of the use of the Wolfson centre as a medical facility.

4.31 Environmental Health have raised no objections to the proposal but recommend that conditions should be attached to any grant of planning permission relating to the control of noise from plant/machinery, the submission of a ground contamination investigation report, a demolition method statement, ventilation systems for catering areas, refuse storage and servicing activities, external lighting for car parking and sports facility areas and a condition to control hours of demolition and construction.

4.32 Leisure/Recreation Team – the area would benefit from public access, no objection subject to the provision of facilities for the benefit of local clubs or others who wish to hire. Such facilities should include a pavilion (with changing rooms, showers, toilets, kitchen, club room), cricket pitches, football - senior, junior and mini pitches, rugby pitch, hockey pitch, artificial tennis courts, children`s play ground facilities and junior pitches on the cricket outfield.

166 4.33 English Heritage (Archaeology) have advised that the proposals do not represent a significant threat to the archaeological heritage, consequently an archaeological condition would not be required in any planning approval.

4.34 The Environment Agency have raised no objections to the proposals subject to a condition relating to surface water attenuation.

4.35 The Crime Prevention Design Advisor expects the perimeter fencing to be fit for purpose. Secured by design is the Association of Chief Police Officers preferred standard for all matters related to security. SBD standard fencing is required to be used to defend such a site and that welded mesh fencing would provide a more acceptable environment than others. The new footpath would be unlit and therefore unuseable in the hours of darkness. It would be helpful if signs were erected to inform unsuspecting members of the public.

4.36 Sport welcome the proposals to refurbish the changing pavilion, sports pitches and tennis courts and to return these sports facilities to active use. Sport England support the proposal subject to the inclusion of planning conditions requiring: the refurbishment of the sport facilities to be completed before the first occupation of the hospital building, the refurbishment of the turf sports pitches and the sports pavilion should comply with Sport England`s Design Guidance Notes.

4.37 Health and Safety Executive – No response.

5. POLICY CONTEXT

5.1 The site is designated as “Site 51P” on the proposals map with Schedule 1 stating that acceptable uses for the site are; residential, community/ employment, open space, nature conservation and recreation uses.

5.2 The policies contained within the Adopted Merton Unitary Development Plan (October 2003) relevant to the current proposal are: ST.1 (Sustainable Development), NE.1 (Metropolitan Open Land), NE.2 (Development in Proximity to MOL), NE.3 (Green Chains), NE.8 (Green Corridors), NE.6 (Site of Importance for Nature Conservation), NE.7 (Species Protection), NE.9 (Management of Land), NE.11 (Trees; Protection), NE.12 (Trees, Hedges and Landscape Features), BE.1 (Conservation Areas, New Development, Change of Use, Alterations and Extensions), BE.2 (Conservation Areas, Demolition), BE.11 (Local List, Rehabilitation and Maintenance), BE.13 (Archaeological Protection and Preservation), BE.14 (Archaeological Evaluation), BE.15 (New Buildings and Extensions; Daylight, Sunlight, Privacy, Visual Intrusion and Noise), BE.16 (Urban Design), BE.17 (Urban Design: Application of Standards ), BE.21 (Important Local Views, Panoramas and Prospects), WC.4 (Cycle Routes), BE.22 (Design of New Developments), BE.23 (Alterations and New Extensions),

167 BE.25 (Sustainable Development), L.5 (Urban Green Space), L.6 (Public Open Space), L.7 (Recreational Open Space) L.9 (Children’s Play Facilities), L12 (Provision of New Facilities), BE.33 (Street Furniture and Materials), WC.3 (Cycle Facilities), WC.1 (Increasing Walking), WC.4 (Cycle Routes), PK.2 (Car Parking Standards), PK.3 (Car Parking and Development), LU.1 (Transport Infrastructure and Development), LU.2 (Public Transport Accessibility), LU.3 (Transport in Parts of New Development), LU.4 (Consistency of Development Proposals with Transport Policies), LU.5 (Development Contributions), F.2 (Planning Obligations). C.8 (Health Facility Sites), C.9 (Provision of Health Facilities), PE.1 (Air Quality), PE.12 (Energy Generation and Energy Saving), PE.13 (Energy Efficient Design and Use of Materials)

5.3 The application site is also the subject of a planning brief providing detailed guidance for the future redevelopment of the site. A copy of the Brief is attached as Appendix 2 of this report. It should be noted that the Brief was largely drawn up with a comprehensive redevelopment of the site for housing and other new uses in mind as opposed to retaining the existing facility. Therefore whilst a material consideration the weight of materiality is limited given the nature of the scheme. Essentially the Brief advocates the following:

The redevelopment of the site for mixed use including housing (part of which should be affordable) and employment or community use, open space and recreation. The protection of wildlife habitats and the Site of Importance for Nature Conservation (SINC). The preservation of any archaeological remains and the special character and appearance of the site and the wider conservation area. The protection and retention of the existing trees and the historic core of the locally listed building. The protection of the open character of the MOL, the enhancement of its landscape character and the retention of existing views. The provision of public access to the open space including the provision of public footpaths and cycle paths. The retention of the existing bus turning facility or the provision of a new facility. The reuse of the existing playing fields and the provision of new or refurbished ancillary facilities.

5.4 The relevant policies of the London Plan (February 2004) 3A.15 (Protection and Enhancement of Social Infrastructure and Community Facilities), 3A.18 (Locations for Health Care), 3A.19 (Medical Excellence), 3C.1 (Integrating Transport and Development), 3C.20 (Improving Conditions for Walking), 3C.21 (Improving Conditions for Cycling), 3C.22 (Parking Strategy), 3D.5 (Sports Facilities), 3D.7 (Realising the Value of Open Space), 3D.9 (Metropolitan Open Land), 3D.11 (Open Space Strategies), 3D.12 (Biodiversity and Nature Conservation), 4A.7 (Energy Efficiency and Renewable Energy), 4A.8 (Energy Assessment), 4B.1 (Design Principles for a Compact City), 4B.7 (Respect Local Context and Communities), 4B.3 (Maximising the Potential of Sites), 4B.11 (Heritage Conservation), 4B.12 (Historic Conservation – led regeneration), 4C.8 (Sustainable Drainage), 4C.10 (Historic Environment) , 4C.11 (Conservation Areas), 5F.1 (The Strategic Priorities of South London), 6A.4 (Planning Obligations).

168 6. PLANNING CONSIDERATIONS

6.1 The material considerations concerning the proposed development are as follows:  The principle of development.  The design, appearance and layout of the proposed extensions and new buildings with regard to the impact on the character and appearance of the conservation area and the character and setting of the locally listed building.  Impact on Neighbour Amenity.  Highway Implications.  Impact on MOL/ Open Space/ Green Chain/ Nature Conservation/ Ecology.  Access to MOL/ footpath link through the site and security.  Trees/ Landscaping.  S106 Obligations

6.2 Principle of Development. The existing use of the site is for medical purposes/ hospital (Class C2). Policy C8 of the UDP states that the loss of health facility sites will be resisted unless the facility is no longer required to serve local needs. Policy C9 of the UDP encourages the provisions of health facilities which are well located, do not adversely affect the amenities of the area, allow access for people with disabilities and provide facilities for children. Policy 3A.19 of the London Plan promotes the continued role of London as a national and international centre of medical excellence and specialised facilities. This proposal seeks to extend, refurbish and regenerate the hospital to enable the reoccupation of the dilapidated site and vacant buildings for use as a hospital. The new hospital will be a “state of the art hospital” equipped to the highest standards. The proposal will bring back into use the site for its intended purpose and lawful use and the principle of development is considered to be acceptable.

6.3 The refurbishment of the Firs involves internal alterations only, no external alterations are proposed and this element of the proposal does not require planning permission.

6.4 The application site is designated as “Site 51P” on the proposals map with Schedule 1 stating that acceptable uses for the site are; residential, community/ employment, open space, nature conservation and recreation uses. The Planning Brief for the site also recommends that should the site be redeveloped these new uses would also be acceptable. This proposal, however, seeks to retain the existing use of the site for medical care/ hospital purposes. Whilst the site designation and the brief are material considerations the weight of materiality is limited given the nature of the proposal for a hospital use continuing on the site. However, some of the principle objectives of the brief are still met within the current proposal, these are:

 The retention of the locally listed main hospital building.

169  The preservation of the special character and appearance of the site and the wider conservation area and the protection of existing views across the site.  The provision of a public footpath and cycle path through the site.  The provision of a new bus turning facility.  The reuse of the playing fields and the refurbishment of the ancillary facilities.

6.5 Design Considerations - Impact on character and appearance of the conservation area and impact on the character and setting of the Locally Listed Building. The Atkinson Morley Hospital main building is included in the Council`s non statutory list. The building is considered to be of both architectural and historical significance and as such makes a positive contribution to the character and appearance of the Copse Hill Conservation Area. The proposed development will ensure the continued use of the building and as such will make a positive contribution to preserving the character and appearance of the building and the area more generally.

6.6 The original hospital building and its surroundings have been disfigured considerably over the years by modern additions and ancilliary hospital buildings that have developed in a piecemeal fashion. The proposed development would remove a large number of temporary buildings on the north side of the historic core hospital building and extensive single and two storey extensions on the south side. None of these buildings to be demolished have any historic or architectural value so the issue of justification for demolition in Policy BE2 does not arise. The removal of these structures should be seen as a major benefit for both the listed building and the conservation area appearance and character.

6.7 Policy BE.11 permits proposals to alter and extend listed buildings provided that proposals are sympathetic to the original building and respect its setting without detracting from the local historic interest of the building. Partial demolition of the facade of the historic core building is proposed to facilitate the proposed development and regeneration of the building for hospital use. The proposed extensions to the main historic core building comprise: a) An extension at lower ground floor level on the Copse Hill frontage, this would sit below ground level on the Copse Hill frontage area and would not have any adverse impact on the appreciation of the architectural character of the historic hospital building. b) Two buildings at ground floor level with curved frontages located to the east and west of the central frontage block which face towards Copse Hill and a square floor plan on the lower ground floor below it. This addition is sensitively designed and reinforces the symmetrical character of the building complex. It is also set down, relative to surrounding buildings. c) Modifications to the two wings on the Copse Hill frontage which flank the central tower block at lower ground, first and second floor levels. The proposed extension on the right hand side involves the removal of a very inappropriately designed extension at roof level which seriously detracts from the architectural symmetry and the roof lines of the existing historic building. The form of this part of the proposed extension and the proposed roof form

170 have been designed in a way which is sympathetic to the architectural character of the building. d) A large single storey lower ground floor level extension on the south side of the historic core building. This extension replaces a number of different extensions that have been added to the hospital over the years. They currently seriously detract form the presentation of the historic core of the building towards the MOL. The proposed extension takes the form of a large raised terrace with raised balustrade. This extension is a great improvement compared with the existing position. e) The addition of the two wings to the south elevation will have some impact on the appreciation of the totality of the historic core of the hospital building when viewed from the south, however this must be compared with positive benefits elsewhere. The hospital use requires a certain minimum space to be viable and consideration has been given to other ways of accommodating that required space. The design of the wings reflect the symmetry and architectural character of the historic hospital building, and the roof design and form arrangement has been amended to have a minimal impact on the design of the building in its entirety.

6.8 Works to the locally listed building also involve the reinstatement of the front portico to the central entrance facing Copse Hill. This restoration is based on the original portico design which is a key feature of the original design of the building. The scheme also provides the opportunity to restore the original building. Restoration works include the reinstatement of original window openings and window frames to the original design, removal of paintwork previously applied to areas of brickwork, jambs, sills etc. The restoration work will bring positive benefits to and considerably enhance the character and appearance of the locally listed building and the conservation area more generally.

6.9 As a consequence of the amended roof design and the reduction in height of the 2 new wings on the south façade of the historic core building a new freestanding building (the fertility unit) will be built on the Copse Hill frontage of the site. This building will replace a complex of temporary buildings and sheds which currently occupy the site. This is a part two/ part three storey building of a traditional design based on the design of the 2 wings extending from the main south elevation of the historic core building. The building has also been carefully sited to protect existing trees within the vicinity.

6.10 The proposed scheme is considered to preserve and provide a significant enhancement to the site and the conservation area in general, whilst regenerating the building for its original use and ensuring its long term use and maintenance. The proposal retains the locally listed main hospital building and the proposed extensions to this original building retain symmetry and are in keeping with the original layout. Views from the public domain towards the front elevation of the hospital building from Copse Hill and from the MOL, to the south, will be significantly improved. The proposal is accordingly considered acceptable and is considered to preserve and significantly enhance the

171 character and appearance of the locally listed building and the conservation area in general and as such is in accordance with policies BE.1, BE. 2, BE.11, BE.22, and BE.23 of the UDP.

6.11 Impact on Neighbour Amenity. The position, siting and orientation of the proposed new buildings and the extensions to the main hospital building in relation to surrounding residential properties are such that there would be no detrimental impact on residential amenity. Since the proposal seeks to continue the existing lawful hospital use, and the majority of the development is on existing footprints at similar heights, there is unlikely to be an issue of a loss of amenity in relation to outlook and sunlight/ daylight.

6.12 The main hospital building is located approximately 30m away from the closest residential property which is located within Prospect Place and the eastern boundary of the site will be heavily screened by existing and proposed vegetation.

6.13 Technical assessments submitted demonstrate that there will be an improvement to the local environment in terms of traffic impact, noise and air quality in comparison to use of the site as an NHS hospital.

6.14 Highway Implications. There are no transport planning objections to the principle of the retention of a hospital in this location. Whilst the site has a poor level of public transport accessibility (PTAL 1b) the proposals will result in an overall decrease in the intensity of the hospital use and as such will result in a significant reduction in the number of staff, patients and visitors associated with the use. Subsequently, there will be a significant reduction in the number of trips to and from the site compared with its previous use as an NHS hospital.

6.15 The main Atkinson Morley Hospital (AHM) benefits from two existing vehicular access points from Copse Hill. The primary access is a wide ‘ingress’ only access, whilst the secondary access, to the west of the primary access, is for ‘egress’ only. A one-way internal link, running parallel with Copse Hill in a westerly direction, provides a connection between the accesses. The primary entrance provides a direct access to the vehicle turnaround facility on the front of the site and the main car park in the north-east corner, adjacent to Copse Hill. The AMH site currently provides a bus stop and turning facility for London Bus Route 200 on the frontage of the site. Buses enter the site via the existing primary access from an easterly direction on Copse Hill, and exit via the secondary access to travel back in an easterly direction. The existing vehicular access to ‘The Firs’ accommodates two-way vehicle movements, providing access to the circa 20-space car park serving ‘The Firs’, together with access to the rear of the WRC site. In addition, the WRC site also benefits from an existing vehicular entrance, providing access to 33 car parking spaces.

6.16 As part of the proposals the two existing vehicular accesses to the main

172 hospital site will be modified. The main reason for the change relates to the fact that the bus turn-around facility will be removed from the main hospital site and relocated to the west. Subsequently, the vehicular accesses serving the hospital site will no longer have to cater for bus movements. Both the primary and secondary accesses to the new hospital will cater for two-way vehicle movement. The accesses have both been designed so they are wide enough to accommodate simultaneous vehicle movements. However, the specific details relating to the layout of the amended vehicle accesses have not been provided, so further details will be required by a condition. As part of the proposals the existing vehicle ‘turn-around’ facility accessed from the primary entrance will be retained. This will provide an area for vehicles to drop-off / pick up, together with space for medical vehicles to stop and gain direct access to the main hospital entrance. The primary access will also continue to serve the majority of car parking spaces on the frontage of the site. These spaces will predominantly be for visitors, and the specific details associated with the allocation of the car parking spaces between uses will need to be submitted as part of the parking management condition.

6.17 The secondary accesses main function will be to serve the car parking spaces to the rear of the site. The majority of these spaces will be allocated to staff, and issues associated with their allocation will be addressed as part of the parking management condition. The secondary entrance will provide access to the servicing area to the rear of the main building. Swept path tracking plots have been submitted to illustrate that there is sufficient space for a refuse vehicle to enter the yard area, collect rubbish, and exit the site in forward gear by turning around in the rear car park area. The existing vehicle link between the primary and secondary entrances will be retained, which is considered to be beneficial as it will provide an alternative vehicle access option for emergency service vehicles.

6.18 The existing vehicle accesses to the WRC and ‘The Firs’ will be altered in order to accommodate the relocated bus stop and ‘turn-around’ facility. The applicant has undertaken swept path tracking plots in order to demonstrate that the necessary movements of a bus can be accommodated in this area. The access arrangements will also be amended so that the existing vehicle entrance to the WRC becomes ‘ingress only’ and the existing entrance to ‘The Firs’ becomes ‘egress only’. Appropriate signing and lining will be introduced to enforce such changes, and the specific details of such measures will be secured via a condition.

6.19 The proposed bus lay-by arrangements provide a significant improvement when compared to the current arrangements for buses. The new arrangements will re-provide a bus stop, but will also include a bus waiting area adjacent to the bus stop. This will provide a significant benefit, as buses are currently often forced to wait on-street at alternative bus stops when they are need to stop to regulate bus flow. In addition, the bus lay-by area will now be dedicated as public highway. This will be done by either a deed of dedication, or a Section 38 Agreement. A condition is recommended to ensure that the proposed bus lay-

173 by is in place prior to the closure of the existing bus lay-by. This will ensure that there will always be a bus stop and ‘turn-around’ facility during the construction process.

6.20 The AMH site currently benefits from 120 car parking spaces. 30 of these spaces are allocated for use by the WRC, leaving a total of 90 car parking spaces for the AMH site. 70 spaces are located in the main hospital car park, whilst 20 spaces are distributed around the site in smaller areas. The WRC has car parking within its site for up to 33 vehicles. In addition, ‘The Firs’ has off- street car parking for up to 20 vehicles. A total of 129 car parking spaces will be provided with the redevelopment proposals for the hospital. (Whilst the description of development refers to 131 spaces, 2 spaces currently shown in the north east corner of the parking area will form part of the proposed landscaping.) These spaces will effectively be split equally between the front of the site and the rear of the site. A car parking management plan is recommended to deal with the specific allocation of the spaces between staff, visitors and disabled people.

6.21 A total of 20 car parking spaces will be retained for ‘The Firs’, whilst 27 spaces to serve the WRC site will be located in the disused car park located to the south of the site, accessed via Cottenham Park Road. These 27 car parking spaces will effectively replace the 30 car parking spaces that the WRC currently utilise within the AMH car park. Subsequently, the only significant change with respect to parking provision is an increase in parking allocated to the hospital from 90 car parking spaces to 129 car parking spaces. A total of 5% of the off- street car parking spaces will be allocated to disabled drivers.

6.22 The previous NHS hospital had approximately 250 staff and 143 beds (60 inpatient beds, 80 outpatient beds). The proposed hospital will have 75 staff and 88 beds (69 inpatient beds, 19 outpatient beds). The new hospital will contain 39 additional car parking spaces. This will result in a ratio of 1.5 car parking spaces per bed, compared with 0.6 car parking spaces per bed with the previous use of the site. This level of parking provision is considered to strike the appropriate balance between providing sufficient off-street car parking spaces to minimise any displacement parking on the surrounding streets and to also continue to encourage sustainable forms of transport. The applicant has investigated the levels of parking accumulation that is likely to take place on the site when fully operational, based on anticipated shift patterns, which has confirmed that will be sufficient parking capacity within the site to accommodate staff and visitors to the hospital.

6.23 A total of 26 secure cycle parking spaces will be provided within the hospital site. The 10 cycle parking spaces at the front of the site should be allocated for visitors, whilst the 16 cycle parking spaces to the rear should be allocated to staff. This will result in an overall cycle parking provision of one space for every 5 staff. 10 cycle parking spaces will also be provided for the residential units within ‘The Firs’. A condition is recommended requiring detailed information regarding the specification of the proposed cycle parking spaces.

174 6.24 As part of the Transport Assessment the applicant has considered the daily and peak hour traffic generation of the proposed development. In order to quantify the net effect on vehicle movements to and from the site comparisons have been made between the peak hour traffic generation of the proposed hospital and the previous use of the site as an NHS hospital. The applicant has based their traffic impact assessment on data obtained from a manual traffic count in 2002 and ATC traffic counts in 2002 and 2007. This data provided information on two-way traffic flow along Copse Hill (2002 & 2007) and the number of vehicle movements to and from the AMH site (2002). In turn, this data has been used as a basis to assess the transport impact of the proposed development. The Transport Assessment has provided a robust investigation into the traffic impact of the proposed development. In summary, even on the assumption that there will be 20% increase in vehicle trips per bed when compared to the previous use, due to the change from an NHS to a private hospital, there will be a substantial reduction in the number of vehicle trips to and from the site during the peak hour periods and over the course of the day.

6.25 As part of the development proposals the scheme has been designed to increase permeability through the site by providing a new 3.5 metre pedestrian/cycle link between Copse Hill and Cottenham Park Road. This link will be provided as a public right of way through the site during daylight hours and the route will skirt around the edge of the woodland from the south and connect with the existing access road to the west of the WRC. An informal pedestrian access route was previously provided through the AMH site. Whilst the previous pedestrian access route provided more of a direct connection, continued use of this route with the new arrangements would lead to conflicts between pedestrians and vehicles, including service vehicles. The previous pedestrian access route was also informal, and under the new arrangements it will not be possible to continue to use this route through the private hospital for security reasons. The new pedestrian / cycle route will also provide convenient access to the relocated bus stop and will be designed to ensure that it will be fully accessible for all users, including disabled people and people with pushchairs.

6.26 In order to ensure that a public right of access is maintained across the footpath, the planning application will be subject to a ‘public right of way’ Agreement. A condition is recommended requiring the provision of appropriate signage to indicate the existence of a public right of way. Access will only be provided for the general public during daylight hours. However, WRC staff will be granted ‘out of hours’ access to the proposed footpath / cyclepath when they require access to and from the secondary car park area adjacent to Cottenham Park Road. The previous pedestrian route through the hospital will be retained for staff, groundsmen and hospital patients / visitor use only. Use by members of the public will be restricted by the introduction of a security gate at the southern end of the path.

6.27 As part of the new proposals it is essential that safe and direct footpaths are

175 provided through the site on key pedestrian desire lines. The key pedestrian routes from Copse Hill to ‘The Firs’ and the key routes within the proposed hospital site have been illustrated clearly on plans. However, the proposed pedestrian routes between Copse Hill and the new bus stop, Copse Hill and the main hospital building, Copse Hill and the northern entrance to the new 3.5 metre footpath / cyclepath and the route between Cottenham Park Road to the southern entrance to the new 3.5 metre footpath / cyclepath have not been clearly shown on the plans. The provision of the detail of all footpaths within the site will be therefore be required via a condition.

6.28 The applicant has submitted details of a proposed Travel Plan for the hospital. The applicant has indicated that a number of sustainable initiatives will be introduced, including personalised journey planning, car sharing among staff and visitors, interest free season ticket loans and cycle parking. Whilst such measures are considered to be appropriate, additional work will need to be undertaken in order to ensure that such measures are tailored to the specific needs of the development. The Travel Plan will be an essential tool to encourage sustainable travel patterns and reduce the impact of car use associated with the development. Subsequently, the Travel Plan will need to be secured via the Section 106 Agreement.

6.29 Impact on MOL/ Open space/ Green Chain. Most of the open land within the application site is designated as MOL. The proposal involves the erection of extensions and new structures largely within the footprint of existing buildings. The proposal also involves the removal of buildings within the MOL and replacement with landscaping. Policy NE.1 relating to MOL is applicable to the small parcel of land to the east of the Firs (which fronts Copse Hill). This area of land lies within MOL but does not have buildings erected within it and a change of use of this area is not envisaged. The principle of encroachment here into MOL to allow the bus turnaround facility is already established and was approved in planning permission 04/P2678.

6.30 There will also be a small encroachment of new building into MOL in the south east corner of the main hospital building. Whilst this may be considered “inappropriate development” special circumstances may be demonstrated as this encroachment is compensated by the removal of other structures within MOL. The proposed development involves the construction of hospital buildings on 154 sq. metres of open undeveloped MOL. Additionally buildings that currently exist on 261 sq. metres of MOL in the car park would be demolished and the released land used for car parking. As part of the development an additional 115 sq. metres of developed MOL currently occupied by buildings would be returned to open space through demolition works.

6.31 It is considered that very special circumstances exist in this case in relation to allowing new development on a small portion of MOL. There is a net benefit to the openness of the MOL from the point of view of the balance of building demolition/ construction. The scattered nature of the buildings proposed for

176 demolition will benefit the openness of the MOL, outweighing the harm caused by the encroachment of the lower ground floor hospital within the MOL. The overall benefits associated with the proposed scheme, including the net reduction of built footprint within MOL, outweigh the minor infringement.

6.32 The proposed development proposes a car parking area for 40 vehicles immediately to the south of the extended hospital building. The car parking area lies within MOL. This car park replaces existing outbuildings and existing hard surfaces which have previously been used for car parking. This aspect of the scheme can not therefore be seen as detrimental to the MOL compared to the existing position. The landscape master plan also takes the opportunity to screen the car parking area with the proposed native planting hedge, this would have the benefit of screening the appearance of the car parking area as seen from MOL.

6.33 Objections have been raised regarding the use of the car park adjacent to the sports pavilion off Cottenham Park Road by staff of the Wolfson Centre. This area has been used as a car park since the 1950`s and the continuation of this use does not therefore involve a change of use within or an intrusion into MOL. Concerns are however noted and the future use of the Wolfson Centre ceases will be for users of the playing fields and surrounding open space. A clause to this effect is included in the S106 obligation.

6.34 Policy NE.2 deals with new development proposals which are in proximity to MOL and likely to be conspicuous when seen from within the MOL. The policy requires that the siting/ materials/ design of new development should not harm the visual amenities of MOL. The existing situation of a very unattractive mixture of poorly designed and uncoordinated structures has a poor presentation to the MOL. The proposed new development will present a much improved coordinated design and one which is designed in relation to the original historic hospital building. The new buildings will present themselves much better towards the MOL and the proposal provides a significant improvement to the view northwards from MOL towards the southern façade of the building.

6.35 The proposal also has the benefit of improvements of public access to MOL through formalising a new public access through the site from Copse Hill to Cottenham Park Road during daylight hours thereby improving access for pedestrians and cyclists. This will be secured and formalised through the S.106 Agreement.

6.36 Objections have been raised regarding the accuracy of the drawings submitted in relation to the illustration of the MOL boundary. Amended plan no. AR/SP/TPA-04 Rev B received 18/09/07 correctly shows the boundary of MOL. Questions have also been raised regarding land required to be added to MOL to provide compensation for that lost. It is not for the applicant, or for this application to provide compensatory MOL land designations. The LDF process will define suitable boundaries for the MOL whereby representations can be made on revisions to the MOL boundaries.

177 6.37 Green Chain. The purpose of the Green Chain policy NE.3 is to promote and open up routes for public access, through open spaces and linking open spaces. A green chain is shown in the UDP Proposals map through the hospital site and into the surrounding area. The application proposals meet the requirements of this policy, by formally opening up a new access route through the site which is not currently officially recognized as a public route. The Environmental improvement measures proposed as part of the 106 obligation will seek to respect and not harm the character and function of the green chain.

6.38 Nature Conservation The Atkinson Morley Hospital woodland and the lawn to the south of the main hospital building are identified as a Site of Importance for Nature Conservation on the proposals map of the adopted UDP. Policy NE5 seeks protection of this land from adverse effects of development unless the benefits outweigh the nature conservation value of the site. The proposals are largely within the footprint of the existing buildings so there would be limited impacts upon areas for nature conservation. These impacts can be off set by ensuring that the site is managed more effectively in a way beneficial to biodiversity, in future, through the discipline of a management plan. A S106 obligation is therefore required to include a commitment by the developer to the ongoing management of the SINC area in accordance with a plan which should be designed to improve the nature conservation value of the site. The plan should also incorporate proposals for providing controlled public access to the site including diverting the existing informal footpath through the site.

6.39 Ecology. A detailed ecological report has been submitted by the applicant . It notes that habitats on site include grassland, scrub and woodland vegetation and mature/ veteran individual trees and that the site supports a number of species, badgers, birds, stag beetles, reptiles and bats. The proposal will deliver positive ecological impacts in relation to landscaping, including native planting, wildlife enhancements such as the provision of log piles and a pond, the erection of bird and bat boxes, and managed recreational use of the playing fields and pre arranged access to the site for educational purposes. If suitable management of these areas and public access to some of them can be secured the proposals would be of great benefit from an ecological and nature conservation point of view. The management plan proposed as part of the S106 obligation will need to include measures designed to ensure proper management of the area and to eliminate Japanese knotweed and safeguard existing species and habitats, particularly during the construction phase.

6.40 Access to MOL/ Footpath Link through the site and Security. There are no public rights of way through the land. The applicant, as private landowner, has allowed temporary access through the site recognising that local people enjoy the use of the land for access between Copse Hill and Cottenham Park Road The applicant proposes to continue to allow access

178 through the land but in a controlled manner.

6.41 The proposed new pedestrian/ cycle route meanders gently through the site and, whilst not a straight route as is existing informal footpath between Copse Hill and Cottenham Park Road, the distance of the new path between the proposed bus stop and entrance to the site along Cottenham Park Road is similar (320m as a pose to 340m). The proposed alignment is considered to contribute to local accessibility and sustainability by providing an appropriate connection between Cottenham Park Road, the sports pavilion and pitches proposed for regeneration and the new location of the bus stop. From the south, the path extends around the edge of the natural woodland to the east allowing views across the open land to the west. In the north, it would allow some appreciation of the woodland and the SINC. Most of the path would be located in a less wooded and more open environment than the existing informal path and it would be fenced on both sides providing a safer secure environment for users. The route of the proposed footpath is user friendly and fit for purpose, its width and gradient are designed to appropriate standards and suitable for wheelchair and disabled users and people with push chairs etc. The proposed path will provide a significantly improved standard of dedicated access for pedestrians and cyclists through the site.

6.42 The route has been chosen to avoid compartmentalism of the SINC and to cause less disturbance to the wild life and habitat on site. In proposing the route for daylight use only, the lack of lighting would avoid any negative impact on bats, birds and badgers. The proposed new footpath/ cycleway would be bordered by rustic timber/ wire mesh fencing on each side with gaps for badger access. Details relating to location are to be dealt with via appropriate conditions.

6.43 The new path would ensure the security of the hospital complex. Use during day light hours only would also prevent potential disturbance, vandalism and other crimes in hours of darkness. Closure of parks/ footpaths / open spaces is not uncommon, for example, and . The site would also have a dedicated security team associated with the hospital and the land.

6.44 Trees/ Landscaping: Most of the trees within the application site are protected by two tree preservation orders (Merton (No.366) Tree Preservation Order 2003, and Merton (No.376) Tree Preservation Order 2004); and the remainder are protected by the Copse Hill Conservation Area designation. The arboricultural report proposes the removal of 76 individual trees, two groups of trees, and parts of two further groups of trees. A total number of 22 trees, located to the front of the site and which are protected by a tree preservation order, will be removed as part of these proposals. About half of the threes are proposed for removal due to their low classification and calculated short life span. The rest of the trees scheduled for removal are of a grade that should only be retained if they do not constrain development.

179 6.45 No strong objection is raised to the removal of any of these trees as the losses will be mitigated by a comprehensive re-landscaping of the entire grounds to the Hospital in accordance with a Landscape Master Plan. The Design and Access Statement also contains a landscaping scheme that includes the provision of brown/green roofs and formal roof gardens. Car parking areas will benefit from new tree and foliage planting, the acid grassland will benefit from minimal intervention to the south of the hospital and a phased tree replacement plan is also proposed. These details together with the submission of full planting details can be re-enforced with planning conditions.

6.46 As a result of the removal of trees in the north east part of the site, some new mature planting is proposed within the car parking area in this location. This will result in the loss of 2 parking spaces resulting in the provision of 129 car parking spaces instead of 131 spaces. Transport Planners have confirmed that this would not have a detrimental impact on highway/ parking conditions in the locality. Full details of planting in this locality can be secured by condition.

6.47 S106 Obligations

The recommended Heads of Terms for inclusion in the Section 106 include the following topics, which in conjunction with the recommended conditions include measures to address the concerns raised by objectors:

 Safeguarding MOL and future ongoing maintenance in accordance with an Environmental Management Plan.  Highway works including provision of a bus turnaround facility, sustainable transport initiatives and a car parking management plan.  Provision of a safe and secure cycle and pedestrian footpath through the site and its designation as a public right of way for use during daylight hours.  Retention of car park adjacent to pavilion off Cottenham Park Road for use of MOL when the use of the Wolfson Centre as a medical facility ceases.  Provision of a financial contribution towards childrens play facilities in the locality.

6.48 Other matters raised by objectors which it is felt cannot be covered by the Heads of Terms or conditions, relate to the provision of Key Worker housing within The Firs, and full unrestricted access to the Metropolitan Open Land. The proposal envisages the refurbishment of the accommodation at The Firs and its use to accommodate hospital staff as was the case when the NHS hospital was in operation. A proportion of the units will also be allocated to visitors to the hospital. No formally designated ‘key worker ‘ housing is proposed as private hospital staff are not classified as ‘key workers’ by the Council. The site, like many other areas of Metropolitan Open Land is in private ownership and does not constitute public open space. Whilst some public access is proposed together with use of the sports facilities by local groups and schools, full unrestricted access to the Metropolitan Open land by the public would not be

180 achievable and would also prejudice other factors such as security and the ecological value of the site. There are currently no public rights of way through the site and the existing footpath has only been used on an informal basis.

7 . SUSTAINABILITY AND ENVIRONMENTAL IMPACT ASSESSMENT REQUIREMENTS

7.1 The proposal involves the alteration, restoration and extension of the existing hospital buildings for use as a private hospital with major benefits in terms of restoration of original detailing to the historic core of the original Locally Listed hospital building with an appropriate use which will safeguard its ongoing care and maintenance. This will include the removal of the uncoordinated and poorly designed buildings that have grown up around the historic core hospital building, and elsewhere in the grounds. Other benefits include the restoration and reuse of the sports pavilion and sports field, the provision of a mechanism for the ongoing management of the nature conservation areas of the site and the incorporation of some green roofs.

7.2 The sustainability score for the proposed development is +15 which takes account of such factors as the reuse and Improvements to existing core buildings, environmental improvements and restoration of sports facilities and the provision of a new footpath/cycleway link between Copse Hill and Cottenham Park Road.

7.3 A condition (no 38) also requires the submission of details of the installation and monitoring of sustainable energy equipment to secure a saving of at least 10% of predicted CO2 emissions. The renewable energy proposals contained in the applicant’s submitted Energy Statement meet the requirements of Policy PE.13, and the Energy Statement predicts that a combination of gas fired Combined Heat and Power (CHP), biomass boilers and solar energy will produce a Carbon Dioxide emissions saving of 12.7% over the predicted levels. The combination of biomass boilers and solar panels will provide 10.1% of the predicted energy requirements. The CHP plant installation will generate predicted emissions savings of 68 tonnes of Carbon Dioxide per annum, equivalent to approx 3.9% of the sites predicted emissions. The biomass boiler will generate the energy and emissions reductions required at the site. These facilities will work together to provide heating for the development. In addition, 20 solar hot water panels are proposed on the roofs of the existing buildings at the Firs which will provide a significant percentage of the domestic hot water requirements for the staff accommodation units.

7.4 The Air Quality Assessment predicts that the proposed private hospital will provide an improvement in air quality in comparison with the previous NHS use. The submitted Climate Change Assessment concludes that the proposed development would ‘pay back’ the net emissions from the construction phase within one year of operation when compared to the indicative emissions from the former NHS hospital, including through a reduction in emissions from

181 operational traffic compared to the NHS use due to the reduction in bed and staff numbers. Activity resulting from the Green Travel Plan measures will further mitigate emissions over time.

7.5 In view of the size of the site, the proposal comprises Schedule 2 development within the meaning of the Town and Country Planning (Environmental Impact Assessment) Regulations 1999. Accordingly, the Council has issued a screening opinion as to whether the development would warrant the submission of an EIA. Officers considered that taking into account the characteristics of the development, the location of the development and the characteristics of its potential impact, the submission of an EIA would not be required. Notice of this decision has been placed on Part 1 of the Statutory Register. (A copy of the letter is included as Appendix 1 of this report).

8. CONCLUSION

Whilst the concerns of the objectors are noted, there is no single incident such as impact on MOL, impact on conservation area, loss of trees or traffic implications which would justify a refusal of planning permission for a combination of proposals whose benefits far outweigh any disbenefit of the scheme as a whole.

The proposal involves the provision of a new private hospital facility on this existing hospital site. The design and layout of the buildings will preserve the character and appearance of the Copse Hill Conservation Area, safeguard neighbouring Metropolitan Open Land and protect the amenities of nearby residents. The scheme provides a new cycle/walkway link between Copse Hill and Cottenham Park Road and restores the existing semi derelict playing field and related pavilion facilities for use by local schools and other organisations by prior arrangement. The scheme is therefore considered acceptable in planning terms and the grant of planning permission is recommended subject to appropriate conditions and S.106 obligations.

RECOMMENDATION GRANT PLANNING PERMISSION subject to the completion of a Section 106 Planning Obligation covering the following Heads of Terms

1. The safeguarding of the MOL and future ongoing maintenance in accordance with an Environmental Management Plan to be approved by the Council prior to works commencing on site. 2. The refurbishment, laying out and bringing back into use of the playing fields, tennis courts and pavilion for use by local schools and clubs on a pre-booked basis at a reasonable cost compatible with Council charges for similar facilities in the locality. 3. Provision and designation of the proposed pedestrian/cycle route through the site as a Public Right of Way, in accordance with the requirements of the Highway Authority. 4. The construction of the footpath/cycleway to a specification to be agreed with

182 the Local Planning Authority, such footpath/cycleway to be completed and available for use by the public during daylight hours not later than first occupation of the new hospital, and maintained to a satisfactory standard thereafter. 5. The provision of a bus turning facility and appropriate bus shelter for waiting passengers, and dedication of the bus lay-by facility to the Council, in accordance with the requirements of the Highway Authority. 6. The provision and regular updating of a Car Parking Management Plan including a contribution towards its monitoring. 7. The provision and regular updating of a Travel Plan, including a contribution towards its monitoring. 8. The provision on site or a financial contribution towards childrens play facilities in the locality. 9. The retention of the car park adjacent to the pavilion for the car parking associated with the use of playing fields adjacent to the pavilion on cessation of the use of the Wolfson Centre as a medical facility. 10. Payment of the Council’s legal and professional costs in preparing, completing and monitoring the legal agreement.

Subject to the following conditions:-

(i) 07/P1347

1. Commencement of Development (full application; 3 years)

2. B.1 External materials to be approved.

3. Design detail drawings for the fenestration, window reveals, sills, lintels, brick bonding, string course and cornice detailing of all alterations and extensions to the Locally Listed Building, (including detailed design drawings for the reinstatement of the front portico to the central entrance facing Copse Hill) plus details of areas of paintwork to be removed from brickwork, shall be submitted to the Local Planning Authority for approval and be implemented in accordance with such approval.

Reason for condition: To ensure a satisfactory appearance for the development.

4. B.4 Details of site/surface treatment.

5. B.5 Details of boundary treatment. (including details for the design of the entrance off Copse Hill including boundary wall, gate piers, and gates. Also appropriate Secured by Design colour coated weldmesh perimeter fencing where necessary to the south of the hospital)

6. Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or any other Order revoking or re-enacting the Order) no fencing walls or other means of enclosure shall be erected or installed within the Metropolitan Open Land without the prior approval in writing

183 of the Local Planning Authority.

Reason for condition: To enable the Council to have control over the siting, design, height and appearance of means of enclosure within the area and to safeguard accessibility and views.

7. B.6 Details of refuse storage.

8. C.10 Hours of Construction. (including ancillary activities and deliveries)

9. D.1 Provision of Parking.

10. If the proposed use of the buildings as a private hospital ceases, the car parking area located within the Metropolitan Open Land to the south of the main hospital buildings shall cease and the land shall be restored to grassland to the satisfaction of the Local Planning Authority.

Reason for condition: To ensure restoration of the land as MOL if the proposed use as a private hospital ceases.

11. D.4 Details of cycle/mobility parking.

12. F.2 Plant and machinery enclosed and soundproofed.

13. Prior to the commencement of the development hereby approved, detailed plans and specifications of the scheme for the ventilation system of the catering areas, including details of sound attenuation for any necessary plant and the standard of odour control to be achieved have been submitted to and approved in writing by the Local Planning Authority. The ventilation system shall be installed in accordance with the approved plans and specifications before the development hereby permitted commences and shall be permanently retained thereafter in accordance with the approved specifications. The level of noise generated by the equipment shall not exceed the existing background noise level L90 dB(A) (5 minute measurement period) when measured at the boundary of the nearest noise sensitive receptor and there shall be no increase in one third octave band dB between 50 Hz and 1600 Hz.

Reason for condition: In order to safeguard the amenities of neighbouring residential occupiers.

14. H.1 Details planting/landscaping scheme.

15. No work shall commence on site until the details contained within the approved Arboricultural Method Statement have been installed, and thereafter shall be maintained in strict accordance with those details until the completion of all site works.

184 Reason for condition: To satisfactorily protect the existing retained trees and to maintain the visual amenities and character of the area.

16. No work shall commence on site until details of a satisfactory illustrated Tree Protection Plan, drafted in accordance with BS5837:2005 has been submitted to the Local Planning Authority for written approval. Thereafter, the approved details shall be installed in conjunction with the approved Arboricultural Method Statement, and shall be maintained in strict accordance with those details until the completion of all site works.

Reason for condition: To satisfactorily protect the existing retained trees and to maintain the visual amenities and character of the area.

17. The Local Planning Authority Tree Officer shall be informed of the proposed commencement date of works on site, a minimum of two weeks prior to that date to allow for an inspection of the tree protection measures.

Reason for condition: To ensure satisfactory compliance with the approved measures for protecting the existing retained trees.

18. The details of the Arboricultural Method Statement and the Tree Protection Plan shall include the retention of a suitably qualified arboriculturalist to supervise and monitor site works and periodically report to the Local Planning Authority Tree Officer, the status of all tree works and tree protection measures throughout the course of the demolition. The frequency of that supervision, monitoring and reporting shall relate to the phasing of the development, and shall be agreed at the time of the pre-commencement site meeting between the Tree Officer, Arboricultural Consultant and Site Manager.

Reason for condition: To ensure satisfactory compliance with the approved measures for protecting the existing retained trees, and to preserve and maintain the visual amenities and character of the locality.

19. No works shall commence until a combined Arboricultural and Construction Method Statement, providing detailed plans, levels, manholes and access space, using trenchless techniques, in connection with the underground services to be installed along the entire length of the central avenue, shall be submitted for the written approval of the Local Planning Authority. Thereafter the approved details shall form part of the Arboricultural Consultants supervisory, monitoring and reporting requirements.

Reason for condition: To satisfactorily protect the existing retained trees, and to preserve and maintain the visual amenities and character of the locality.

20. The trees shown on the deposited Tree Survey Plan numbered CBA 5549.09, shall be retained and maintained to the satisfaction of the Local Planning Authority.

185 Reason for condition: To preserve and maintain the visual amenities and character of the locality.

21. H.6 Details of the foundations within 8 m radius of existing tree.

22. The trees shown on the approved plans as to be retained shall be retained and maintained with suitable semi mature (or alternative size to be agreed with the Local Planning Authority) replacement trees of the same species (or alternative species to be agreed with the Local Planning authority), where required, to the satisfaction of the Local Planning authority. Such replacement tree(s) shall be planted in the first available planting season following the removal of the original tree. Reason for condition: To preserve and maintain the visual amenities and character of the locality.

23. H.4 Replacement Trees

24. I.1 Details of facilities for persons with disabilities.

25. Prior to the commencement of the development hereby approved, detailed plans and specifications for the scheme of external lighting including the car parking and sports pavilion areas shall be submitted to and approved by the Local Planning Authority. The lighting shall be installed in accordance with the approved scheme and permanently retained thereafter.

Reason for condition : In order to safeguard the amenities of neighbouring residential occupiers and protected wildlife species.

26. Suitable signs, details of which shall be submitted to and approved by the Local Planning Authority shall be permanently displayed at either end of the proposed cycle/footpath advising of hours of use.

Reason for condition: In the interests of safety and security.

27. I.11 Details of landscape management scheme for non- private space.

28. The protection of any existing tree to be retained in accordance with the approved plans and particulars shall be achieved as follows: (a) no equipment, machinery or material shall be brought onto the site for the purposes of the development until suitable protective fencing has been erected in accordance with plans and particulars which shall have been previously approved by the Council in writing, (b) if that fencing is broken or removed during the course of carrying out the development, it shall be promptly repaired or replaced to the satisfaction of the Local Planning Authority (c) ground level shall not be altered, no excavations shall be made, nor shall any fires be lit without the prior written consent of the Local Planning Authority.

186 Reason for condition: To preserve and maintain the visual amenities and character of the locality.

29 . Prior to the occupation/use of the proposed new hospital facilities the replacement bus turning facility as shown on the approved plans shall be constructed and completed to the satisfaction of the Local Planning Authority, detailed specifications of which shall have previously been agreed with the Council's Highways Section. Until such time as the new turning facility comes into operation, the existing bus turning facility shall be maintained in operational use unless satisfactory alternative bus turning facilities have been provided within the site off Copse Hill to the satisfaction of the Local Planning Authority.

Reason for condition: To ensure satisfactory bus turning facilities are maintained for bus route 200 both during and subsequent to the development.

30. Before any site work commences a Protection Plan for the areas of Metropolitan Open Land and Special Interest for Nature Conservation should be submitted to the Local Planning Authority for written approval. The approved details shall be set in place before an site works commence an shall be retained and maintained in situ until the completion of all operations

Reason for condition: To protect the existing MOL and SINC areas and the plants, trees and wildlife therein from damage or disturbance during construction work.

31. Prior to the commencement of the development hereby approved, a working method statement to control the environmental effects of the development shall be submitted and approved in writing by the local planning authority. This statement must include the following details:

a) the method of demolition b) measures to identify and remove asbestos, if present c) measures to prevent nuisance from dust, noise, smell and other effluvia; d) parking of vehicles of site personnel, operatives and visitors; e) loading and unloading of plant and vehicles; f) storage of plant and materials used in constructing the development; g) wheel cleaning facilities; h) transport of construction workers to and from the site; i) control of surface water run off

Reason for condition: In the interests of vehicular and pedestrian safety and to ensure construction vehicles do not cause nuisance to neighbouring occupiers in terms of accumulation of mud and other debris.

32. A standing building investigation by a recognised organisation in respect of the existing main hospital building, in accordance with a brief to be submitted to and

187 agreed by the Local Planning authority prior to the commencement of site works shall be undertaken, and should include recommendations for mitigation and where appropriate recording of any parts of the building that are likely to be lost or damaged in the alterations and extensions (eg existing staircases and their continuous handrails)

Reason for condition: To ensure satisfactory retention or recording of existing architectural features in this locally listed building.

33. Surface water drainage and source control measures shall be carried out in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority before development commences.

Reason for condition: To prevent the increased risk of flooding and to improve water quality.

34. Ground Contamination Site Investigation Report – Pre Development:- Before construction work commences, a contaminated land assessment shall be undertaken to assess the risks from ground contamination on the site and from the surrounding environment including any controlled waters. The assessment shall consider historic land use data and the proposed end use and a detailed site investigation shall be carried out unless otherwise agreed in writing by the Local Planning Authority. The site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and proposed remediation strategy detailing proposals for remediation shall be submitted to and approved by the Local Planning Authority prior to the commencement of works.

Informative: The survey and report must be formulated having regard to the Contaminated Land Exposure Assessment model (CLEA 2002), CLR10 and associated guidance developed by DEFRA and the Environment Agency. Where appropriate the survey shall include a conceptual site model and a full risk assessment of contaminants on the site (including, but not limited to, clinical waste and asbestos). If during development any contamination is identified that has not been considered in the remediation strategy the Environmental Health section shall be notified immediately and remediation proposals shall be submitted to and agreed with the Local Planning Authority.

Reason for condition: In order to safeguard the health of future occupiers of the site and neighbouring areas.

35. Submission of Validation Report – Post Development:- On completion of the development a validation report shall be submitted to the Local Planning Authority to demonstrate that remediation works have been carried out in accordance with the agreed remediation strategy. The validation report shall provide a full record of all remediation activities carried out on the site including post remedial sampling and analysis, waste management

188 documentation and evidence that the agreed site remediation criteria have been met. Informative: The validation report is to be accompanied by a letter signed by a senior member of the development company and the consulting engineer or environmental consultant confirming that the site has been remediated in accordance with the agreed strategy

Reason for condition: In order to safeguard the health of future occupiers of the site and neighbouring areas.

36. The external sports facilities shall not be used outside of the hours of 08.00 – 22.00 without the prior written approval of the Local Planning Authority.

Reason for condition: To protect the amenities of occupiers of noise sensitive receptors and neighbouring residential properties.

37. No loading or unloading of goods or refuse or other servicing activities shall take place at the site outside the hours of 23.00 – 07.00

Reason for condition: To safeguard the amenities of the occupiers of noise sensitive receptors and neighbouring residential properties

38. No development shall take place until the Local Planning Authority has approved a report provided by the applicant identifying how the predicted CO2 emissions of the development will be reduced by at least 10% through the use of on site renewable energy equipment. The developer shall install broadband/ wireless remote sensors so that Merton Council (or an approved organization) can monitor the energy usage of the building, and/ or the performance of the renewable energy equipment. Before any unit is occupied or sold the renewable energy requirement shall have been installed and the local planning authority shall be satisfied that their day to day operation will provide energy for the development for so long as the development remains in existence.

Reason for condition: To comply with LB of Merton UDP Policy PE.13, the Mayors London Plan policy 4A.7 and Energy Strategy proposal 13, the revised London Plan (draft), Planning Policy Statement 22 (Renewable Energy).

39. Amended Vehicle Access Prior to the commencement of the development details of the proposed amendments to the vehicular accesses from Copse Hill to serve the development, including details of tactile paving and any associated amendments to parking control measures, signing and lining within the site boundary and on the public highway, shall be submitted to and approved in writing by the Local Planning Authority. Such works to be completed prior to the first occupation of the development.

Reason for condition: To ensure the provision of satisfactory access

189 arrangements.

40. Provision of Bus Lay-by

Prior to the occupation of the development the replacement bus turning facility as shown on the approved plans shall be constructed and completed to the satisfaction of the Local Planning Authority, detailed specifications of which shall have previously been agreed with the Council’s Highways Section. Until such time as the new turning facility comes into operation, the existing bus turning facility shall be maintained in operational use unless a satisfactory alternative bus turning facility has been provided within the site off Copse Hill to the satisfaction of the Local Planning Authority.

41. Pedestrian / Cycle Route Signage

Prior to the commencement of the development details of the proposed signage strategy for the proposed footpath / cyclepath through the site shall be submitted to and approved in writing by the Local Planning Authority. Such works to be completed prior to the first occupation of the development.

Reason for condition: To ensure adequate provision of pedestrian and cycle facilities.

42. Details of Footpaths

Prior to the commencement of the development details of the routes / materials / dimensions of all footpaths within the site shall be submitted to and approved in writing by the Local Planning Authority. Such works to be completed prior to the first occupation of the development.

Reason for condition: To ensure a satisfactory appearance to the completed development.

43. Pedestrian Visibility Splays

Prior to the occupation of the development 2 metre x 2 metre pedestrian visibility splays should be provided either side of the vehicular accesses to the development and the area contained within the splays shall be kept free of any obstruction exceeding 0.6 metres in height. Reason for condition: In the interest of highway and pedestrian safety.

44. Car Parking

The car parking spaces as shown on the approved drawing to serve the development shall be provided before occupation of the uses hereby permitted and thereafter shall be kept free from obstruction and shall be retained for

190 parking for users of the development and for no other purpose.

Reason for condition: To ensure adequate provision of parking for the development.

45. Cycle Parking

Prior to the commencement of the development, details of the provision to be made for cycle parking for the development shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking shall be provided in accordance with the approved details before the use hereby permitted commences and shall thereafter be retained solely for its designated use.

Reason for condition: To ensure the provision of adequate cycle parking facilities.

46. Car Parking Management Plan

Prior to the commencement of the development hereby permitted, a Parking Management Strategy shall be submitted to and approved in writing by the Local Planning Authority. The measures approved in the Parking Management Strategy shall be implemented prior to the first occupation of the development hereby permitted and shall be so maintained for the duration of the use, unless the prior written approval of the Local Planning Authority is obtained to any variation.

Reason for condition: To minimize the impact of the development upon parking in the surrounding area.

47. No vehicular access through the site

There shall be no vehicle access through the site between Copse Hill and Cottenham Park Road.

Reason for condition: In the interest of neighbour amenity.

48. Bollards

Suitable bollards, details of which shall be submitted to the Local Planning Authority for approval, shall be installed at either end of the north - south pedestrian / cycle link to control and prevent usage by cars and other vehicles.

Reason for condition: In the interests of pedestrian and cycle safety.

49. Safety Audit

A Stage 3 Safety Audit shall be carried out on the amended vehicular accesses

191 to the site within one year after first occupation of the development, and any measures recommended in the audit shall be carried out to the satisfaction of the Local Planning Authority within a period of three months from receipt of the Audit report or within such longer period as may previously be agreed in writing by the Council.

Reason for condition: In the interest of highway and pedestrian safety.

50. Construction Management

Prior to the commencement of the development details of the provision to accommodate all site operatives, visitors and construction vehicles and loading / unloading arrangements during the construction process shall be submitted and approved in writing with the Local Planning Authority. The approved details must be implemented and complied with for the duration of the construction process.

Reason for condition: In the interest of highway and pedestrian safety.

Informatives

The developer is hereby advised of the necessity to consult the Council’s Highways team prior to the commencement of construction in order to obtain necessary approvals and licences prior to undertaking any works within the Public Highway including Scaffolding, Temporary/Permanent Crossovers, Oversailing/Undersailing of the Highway, Drainage/Sewer Connections, Hoarding, Excavations (including excavations adjacent to the highway such as basements, etc), Temporary Full/Part Road Closures, Craneage Licences etc.

It is current Council policy for the Council's contractor to construct new vehicular accesses and to reinstate the footway across redundant accesses. The developer is to contact the Council's Highways team, prior to the commencement of construction, to arrange for any such work to be done. If the developer wishes to undertake this work the Council will require a deposit and the developer will need to cover all the Council's costs (including supervision of the works). If the works are of a significant nature, a Section 278 Agreement (Highways Act 1980) will be required and the works must be carried out to the Council's specification.

Reason for Approval:

The proposal involves the provision of a new private hospital facility on this existing hospital site. The design and layout of the buildings will preserve the character and appearance of the Copse Hill Conservation Area, safeguard neighbouring Metropolitan Open Land and protect the amenities of nearby residents. The scheme provides a new cycle/walkway link between Copse Hill and Cottenham Park Road and restores the existing semi derelict playing field and related pavilion facilities for use by local schools

192 and other organisations by prior arrangement.

The proposal accords with the Council’s Adopted Unitary Development Plan and London Plan Policies. The policies listed below were relevant to the determination of this proposal.

Adopted Merton Unitary Development Plan (October 2003):-: ST.1 (Sustainable Development), NE.1 (Metropolitan Open Land), NE.2 (Development in Proximity to MOL), NE.3 (Green Chains), NE.8 (Green Corridors), NE.6 (Site of Importance for Nature Conservation), NE.7 (Species Protection), NE.9 (Management of Land), NE.11 (Trees; Protection), NE.12 (Trees, Hedges and Landscape Features), BE.1 (Conservation Areas, New Development, Change of Use, Alterations and Extensions), BE.2 (Conservation Areas, Demolition), BE.11 (Local List, Rehabilitation and Maintenance), BE.13 (Archaeological Protection and Preservation), BE.14 (Archaeological Evaluation), BE.15 (New Buildings and Extensions; Daylight, Sunlight, Privacy, Visual Intrusion and Noise), BE.16 (Urban Design), BE.17 (Urban Design: Application of Standards ), BE.21 (Important Local Views, Panoramas and Prospects), WC.4 (Cycle Routes), BE.22 (Design of New Developments), BE.23 (Alterations and New Extensions), BE.25 (Sustainable Development), L.5 (Urban Green Space), L.6 (Public Open Space), L.7 (Recreational Open Space) L.9 (Children’s Play Facilities), L12 (Provision of New Facilities), BE.33 (Street Furniture and Materials), WC.3 (Cycle Facilities), WC.1 (Increasing Walking), WC.4 (Cycle Routes), PK.2 (Car Parking Standards), PK.3 (Car Parking and Development), LU.1 (Transport Infrastructure and Development), LU.2 (Public Transport Accessibility), LU.3 (Transport in Parts of New Development), LU.4 (Consistency of Development Proposals with Transport Policies), LU.5 (Development Contributions), F.2 (Planning Obligations). C.8 (Health Facility Sites), C.9 (Provision of Health Facilities), PE.1 (Air Quality), PE.12 (Energy Generation and Energy Saving), PE.13 (Energy Efficient Design and Use of Materials)

The relevant policies of the London Plan (February 2004) are:- 3A.15 (Protection and Enhancement of Social Infrastructure and Community Facilities), 3A.18 (Locations for Health Care), 3A.19 (Medical Excellence), 3C.1 (Integrating Transport and Development), 3C.20 (Improving Conditions for Walking), 3C.21 (Improving Conditions for Cycling), 3C.22 (Parking Strategy), 3D.5 (Sports Facilities), 3D.7 (Realising the Value of Open Space), 3D.9 (Metropolitan Open Land), 3D.11 (Open Space Strategies), 3D.12 (Biodiversity and Nature Conservation), 4A.7 (Energy Efficiency and Renewable Energy), 4A.8 (Energy Assessment), 4B.1 (Design Principles for a Compact City), 4B.7 (Respect Local Context and Communities), 4B.3 (Maximising the Potential of Sites), 4B.11 (Heritage Conservation), 4B.12 (Historic Conservation – led regeneration), 4C.8 (Sustainable Drainage), 4C.10 (Historic Environment) , 4C.11 (Conservation Areas), 5F.1 (The Strategic Priorities of South London), 6A.4 (Planning Obligations).

(ii) 07/P1344

1. Commencement of Development (Conservation Area Consent – 3 yrs)

193