North Kensington Gate South, 115-129A Scrubs Lane, London
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Subject: North Kensington Gate South, 115-129A Scrubs Lane, London, NW10 6QU (application reference number 20/0088/FUMOPDC) Meeting date: 14 January 2021 Report to: Planning Committee Report of: Director of Planning For Decision ________________________________________________________________________ This report will be considered in public ________________________________________________________________________ 1 Summary Application reference 20/0088/FUMOPDC Site address North Kensington Gate South, 115-129A Scrubs Lane, London, NW10 6QU Proposal Demolition of existing buildings and redevelopment of the site to provide residential units (Use Class C3) within a new residential-led building ranging in height from 7 to 24 storeys (above ground), over ground floor commercial floorspace (Use Class A1/A2/A3/A5/B1A/B1C) with basement car parking, cycle parking and plant space, landscaping and associated works. Applicant/agent Quod on behalf of City & Docklands London Borough Hammersmith and Fulham Validation date 29 July 2020 1.1 The Old Oak and Park Royal Development Corporation (OPDC) Scheme of Planning Delegations states that planning applications should be referred to Planning Committee where, in the opinion of the Director of Planning, the application: ‘is of a significant or potentially contentious nature.’ The planning application is for the demolition of the existing buildings on the site and their replacement with a part-7, part-8, and part-24 storey development of 208 residential homes and 678sq.m (GIA) of commercial floorspace at ground floor. It is considered to be significant in nature and should be determined by OPDC Planning Committee. 1.2 The site is located within the Local Plan place of Scrubs Lane. Scrubs Lane sits as a hinge between a series of surrounding neighbourhoods that are undergoing significant change and growth. Scrubs Lane has the ability to deliver enhanced connections which tie together these surrounding neighbourhoods and deliver a high quality place which makes a significant contribution to local homes and jobs provision in its own right. The site will sit at one of these connections, linking Old Oak Common Station with Kensal Canalside Opportunity Area where 3,500 new homes and town centre uses will be delivered. 1.3 115-129A Scrubs Lane comprises a group of single and two storey industrial buildings located on the east side of Scrubs Lane. The site is within LB Hammersmith and Fulham (LBHF). 1.4 The site benefits from an extant planning consent, reference 16/0119/FUMOPDC, which was granted in June 2018, following a resolution to grant at planning committee in 2017. The extant consent is for redevelopment of the site to provide 164 residential units, within a new building ranging in height from 6 to 22 storeys over ground floor commercial floorspace. 1.5 This application seeks planning permission for a revised scheme to provide an increase in the number of homes (Use Class C3) from 164 to 208, reduced floor-to-floor construction heights, an increase in the maximum height of the scheme by 2.1m (22 storeys to 24 storeys), amendments to the affordable housing provision, housing mix, and other minor alterations. 1.6 Whilst this is a new full application, the extant consent is a material consideration in the decision-making process as it is capable of being implemented and provides a fallback position. The extant consent expires in June 2021 and the pre-commencement conditions still need to be discharged. 1.7 Three rounds of public consultation have been undertaken on the application. The first round comprised emails to stakeholders and neighbourhood groups, 4 site notices and an advert in the Brent and Kilburn Times newspaper. The second and third rounds comprised emails to stakeholders and neighbourhood groups, and emails to neighbours/members of the public who responded to the first consultation. The representations received are summarised in tables 6.1 and 6.2 of this report. 1.8 The key planning issues considered in reaching the recommendation to approve this application are summarised in the following paragraphs: The principle of residential-led development in this location; Housing, including affordable housing, tenure, housing mix and residential quality; Urban design, including height and massing, architecture and impact on heritage assets; Transport impact, including parking and servicing arrangements; Amenity, including daylight and sunlight, privacy and overlooking and on-site amenity space; Environmental issues; and Socio-economics, including job creation, healthcare, and education. 1.9 The principle of residential-led redevelopment on this site has previously been accepted and there is an extant consent albeit this will expire if not implemented prior to June 2021. The proposals remain compliant with the land use policies set out in the London Plan, the adopted OAPF, the draft London Plan (Publication version December 2020 (the “Publication London Plan” and within OPDC’s draft Regulation 19 (2) Local Plan (‘the draft Local Plan’). These documents seek the comprehensive mixed-use regeneration of Old Oak South and promote sites along Scrubs Lane for residential-led development. The principle of the proposed development is therefore supported. 1.10 The development would deliver 208 residential homes, which is an increase in 44 homes from the extant consent. 30% (by habitable room) of the homes would be affordable homes. The applicant’s financial viability appraisal has been independently reviewed and officers are satisfied that the development would deliver the maximum reasonable amount of affordable housing. 1.11 The density of the development at 547 units per hectare would exceed the average density of 450 units per hectare set out in paragraph 3.79 of the draft Local Plan; however the Local Plan recognises the need to consider a range of factors in determining appropriate densities for sites. This accords with the approach set out in the Publication London Plan (December 2020). The density is above the 2016 London Plan density matrix, but the site is within an Opportunity Area and the quality of accommodation would meet or exceed the design standards in the London Plan including good levels of daylight and sunlight, amenity and internal noise conditions. The Publication London Plan has also removed the density matrix and seeks a design- led approach to make the best use of land. The proposal would not harm the development potential of adjacent sites. Therefore, the density of the development is considered to be acceptable. 1.12 The principle of 7- and 8-storey development with a taller 24-storey element is consistent with the emerging vision for development along Scrubs Lane. The lower floors of the building help to enclose the street and will ensure an active and positive public realm. 1.13 The additional height of the tower, which amounts to a maximum increase in height of 2.1m, is considered to be acceptable taking into account potential additional townscape, heritage and microclimate impacts. All other design changes have been assessed and the form of the building and the treatment of its elevations will continue to be of high architectural merit. 1.14 The building would be visible from surrounding heritage assets and would result in harm to the setting of Kensal Green (All Souls) Cemetery Grade I Registered Park and Garden and St Mary’s Conservation Area. A finding of harm to a listed building or its setting is a matter which must be given considerable importance and weight in the planning decision, as required by the statutory duty imposed at section 66 of the Planning (Listed Buildings and Conservation Areas) Act 19901. 1 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 also imposes a duty on local planning authorities – in determining applications relating to buildings or other land in conservation areas – to pay special attention to the desirability of preserving or enhancing the character or appearance of that area. 1.15 Having regard to the definitions in the NPPF, the level of harm which would be caused to Kensal Green Cemetery and St Mary’s Conservation Area is considered to be ‘less than substantial’ and to be outweighed by the public benefits of the scheme, including: a contribution to achieving comprehensive redevelopment of the area; the early delivery of 208 new homes in Old Oak; the delivery of 58 of these units as affordable homes (30% by habitable room); the provision of high quality public realm supported by commercial units with active frontage; and reduced vehicle movements onto Scrubs Lane. 1.16 In concluding on heritage impact - and having given the matter the required importance and weight - it is not considered the refusal of planning permission is justified. 1.17 The scheme would meet London Plan requirements with regard to energy efficiency and would make provision for a connection to a decentralised energy system should one become available in the future. 1.18 The scheme would be ‘car free’, which represents a reduction in parking from the extant consent. The extant consent provided 21 car parking spaces, whereas this application proposes just 12 car parking spaces which will all be accessible parking. There will be no general-purpose parking provided for residents and residents would also be restricted from obtaining on-street parking permits. 366 cycle parking spaces will be provided at basement level which meets the London Plan standards and is an uplift from the extant consent to meet the demand for additional units. 1.19 An on-site servicing bay would ensure that space is provided for vehicles to wait off the highway whilst servicing the site. 1.20 Contributions totalling £1.4m will be secured towards local transport and infrastructure improvements, public realm improvements, education facilities and healthcare facilities to fully mitigate the impact of the development. Measures to support the local workforce and local businesses through the supply chain would be secured by Section 106 legal agreement.