Ealing Borough Council Democratic Services Officer: Town Hall Lee Teasdale New Broadway Direct Line: 020 8825 7919 London W5 2BY Email: TeasdaleL@ealing.gov.uk
Planning Committee
Venue: Council Chamber, Town Hall, New Broadway, Ealing, W5 2BY Date and Time: Wednesday, 23 May 2018 at 19:00
Plans will be on display inside the Council Chamber in advance of the meeting.
Membership of the Planning Pool for 2018/2019 is to be confirmed at the Annual Council Meeting and will be updated in advance of the meeting.
AGENDA
N.B. Please note the attached site visit details and agreed seating arrangements as set out in the guide to proceedings.
Open to Public and Press
1 Apologies for Absence
2 Urgent Matters
3 Declarations of Interest
Page 1 of 134 4 Matters to be Considered in Private
5 Minutes To approve as a correct record the minutes of the meeting held on 18 April 2018.
Minutes Arising from the Planning Committee of 18 April 2018 7 - 16
6 ITEM 01 - Belvue School Rowdell Road Northolt UB5 6AG 17 - 44
ITEM 02 - Ealing Hammersmith And West London College 45 - 76 Gunnersbury Lane Acton W3 8U ITEM 03 - The Perfume Factory 140 Wales Farm Road Acton W3 77 - 134 6UG 7 Date of Next Meeting The next meeting will be held on 20 June 2018.
Paul Najsarek, Chief Executive, 15 May 2018
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*Please switch off all mobile phones*
**Fire or Emergency** - If an alarm sounds please leave by the nearest exit and gather in front of Perceval House on Uxbridge Road. PlanningWelcome East to Committee the Planning - 4th Committee July 2001
**Please note that entry to the Public Gallery is up a steep staircase. Persons suffering from a physical impairment which would not permit them to climb stairs are welcome to be seated at the back of the Council Chamber**
What does the Planning Committee do?
decides approximately 5% of applications made for planning permission within the borough (a senior officer decides the rest). decides applications for listed building consent. decides applications for conservation consent. approves enforcement action against work carried out without prior permission. is responsible for carrying out the Council’s conservation policies within the borough.
Agenda
Spare copies of the agenda are available at the meeting. In addition all Committee reports are available via the Council's Internet site: http://ealing.cmis.uk.com/ealing/Committees/tabid/62/ctl/ViewCMIS_CommitteeDetails/mid/ 381/id/15/Default.aspx
Planning applications being considered at tonight’s meeting are listed on the pink schedule attached. The reports of the planning officers are on the white papers with recommendations on whether to allow or refuse the application.
Who is present at the meeting?
Elected Councillors make up the membership of the Committee and they decide whether applications should be allowed or refused. Also present are a Senior Planning Officer, a Legal Adviser, a Committee Administrator and any other officers as necessary (e.g. Environmental Health Officer).
Page 3 of 134 The layout used is:
LG L EA RY Planning P L U B I C Committee
Officers/ Councillors Ward Registered Speakers Councillors
Legal Officer
Planning Officer
Chairman
Committee Committee Officer
SCREEN
Public Speaking
Public Speakers will have registered with the Council in accordance with the agreed protocol and are permitted a maximum of three minutes each, apart from when an interpreter is used. If an interpreter is used, the submission will be limited to six minutes. One speaker may be heard in objection and one speaker may be heard on behalf of the applicant for any application on the agenda. Where members of the public have registered to speak in advance of the meeting these applications will be taken first. Although other members of the public are not permitted to speak they are welcome to sit, listen and observe the meeting.
Filming / Recording
The Council asks that anyone wishing to record or film its meetings notifies the Democratic Services department in advance. Where this has not been possible, please inform the Chair at the start of the meeting of your intentions and be aware that the Chair of the meeting has the discretion to halt any recording for a number of reasons, including disruption caused or the nature of the business being conducted. Anyone filming or recording a meeting is asked to only film or record those actively participating. The Council expects that recording will not be edited in a way that could lead to misinterpretation of the proceedings. A copy of the Council’s protocol is available on the Council’s website.
Site Visits
Site Visits are generally held the Saturday morning before the Committee. However, site visits can also be made at a later date arising from a decision of the Committee.
Page 4 of 134 Decisions
The Committee can take decisions which include:
planning permission is granted (allowed) with or without conditions attached. approval subject to a legal agreement being signed. refusal, i.e. planning permission is not granted. referral, for example for further reports or a site visit.
If an application is not clearly gaining consensus from the Committee then a vote will be taken by means of a show of hands and a simple majority will win. If there is no majority then the Chair will vote a second time.
Record of Decisions
The minutes from tonight's meeting will be available ten working days after the meeting. These will be available from the Committee Section and also on the Council's Internet site. The Planning Department will also send decision letters to the applicants.
Thank you for attending this meeting of the planning committee. If you have any comments on how you feel this meeting could be better organised or improved please send these to Lee Teasdale at the town hall, Ealing Broadway or email to [email protected]
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Page 6 of 134 Planning Committee – 18th April 2018
2018 PLANNING COMMITTEE
Wednesday 18th April 2018 at 7:00 pm.
UMINUTES
PRESENT: Councillors Dhindsa (Chair), Ahmed, Ahmed-Shaikh, Aslam, Blacker, Busuttil, Cogan, Conlan, Dabrowska, Mahmood, Manro, Martin and Mullins.
IN ATTENDANCE: Alan Corcoran Planning Officer Jonathan Hartnett Planning Officer Steve Barton Strategic Planning Manager Alison Luff Lawyer (Planning and Property) Janine Jenkinson Democratic Services Officer Francis Torto Transport Development Manager
1. Apologies for Absence There were none.
2. Urgent Matters There were none.
3. Matters to be Considered in Private There were none.
4. Declarations of Interest
In relation to application 02 – 49, 57-59 High Street, Southall, UB1 3HF, Councillor Manro declared a non-pecuniary interest, by virtue of him being a Chair of Governors in Southall; however this did not preclude him for taking part in the consideration of the application.
5. Minutes
RESOLVED: That the minutes of the meeting held on 21st March 2018, be agreed and signed by the Chair as a correct record of the meeting.
6. Site Visit Attendance
The Chair reported that he, together with Councillors Ahmed, Aslam, Busuttil, Cogan, Conlan, Dabrowska, Mahmood, Manro, Martin and Mullins had attended the site visits held on 14th April 2018. Councillors Ahmed-Shaikh and Blacker had sent their apologies for absence.
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7. Planning Applications2018 and Enforcement Reports
Planning Services submitted reports in relation to the following planning applications for determination by the Committee:
ITEM 01 - Application in respect of Ealing Field’s School, Evershed Sports Ground, Wyke Gardens, Hanwell, W7 2BB. (Ward: Elthorne)
Proposal: Continued use of the sports pavilion and northern part of grounds (use class D2) for temporary school use (Use Class D1) until August 2020; retention of two no. two-storey temporary modular units for school use (Use Class D1) and associated hardstanding, MUGA, fencing, refuse and cycle storage units until August 2020; installation of a two-storey temporary modular unit for school use (Use Class D1) until August 2020, with associated ramp and stepped building access, refuse and cycle storage units, fencing and hardstanding.
Alan Corcoran, (Planning Officer) introduced the application and referred members to the additional information provided in the briefing note. The Committee was recommended to approve the application.
Margaret Majumdar, spoke on behalf of Boston Manor Residents Association, in objection to the application. She spoke as Chair of the Residents Association, which she explained had 700 members and was over 50 years old. She stated the main objections to the application were in relation to overcrowding on the Eversheds site and the traffic and parking implications for local residents. She felt the Planning Officer’s reduction of 112 letters of objection to three lines of summary in the report was inadequate, as it had left out many of the reasons for objections, and amounted to contempt for the concerns of those affected by the application. The Eversheds grounds, south of the existing buildings, were 200 metres long and 75 metres wide. The application proposed to divide the length of the site by a fence south of the new temporary building. She felt that to place 480 pupils plus staff in daily occupation of such a small campus would be unacceptable overcrowding. In addition, she said residents felt they had been deceived by the Council and the school in relation to the use of the site. Residents had accepted the original application for use of the site for two years, as it was time-limited, to end in July 2018, and for 240 pupils. However, the current application contained no guarantee that the school occupation would end and the temporary buildings would be removed even in 2020. She said nearly all of the households backing onto Eversheds site had objected, as had most of those on the west side of Southdown Avenue and many on the other side. She said Boston Manor residents wanted the original limit to stand and the temporary buildings removed during the summer of 2018. She stated the report had concluded there would not be noise disturbance to residents, due to the school only being active during the daytime;
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however she felt this statement ignored the fact that some residents worked from home, 2018 while others were pensioners and at home much of the time. She said 240 pupils using the grounds for regular recreation and PE lessons, would of course disturb residents with noise, and 480 pupils on such a crowded site would make a great deal of noise. Traffic problems due to the school’s occupation of the site were more difficult than might be expected, due to the physical boundaries to the relevant group of streets. There were only two ways in and out of Southdown Avenue, both to the east into Boston Road, through Wellmeadow Road and Westlea Road. At the corner of Southdown Avenue and Westlea Road was the main entrance to Elthorne Park High School, which had over 1100 pupils and was growing to 1200 plus a sixth form. The physical limits compound the traffic problems caused by having two secondary schools off one residential street. She said many pupils were dropped off and collected from school by car, due to admission priority for the school being based on proximity to the permanent school site in Little Ealing Lane, and not on nearness to Eversheds. She stated that in the afternoon parents waited in their cars with their engines running for up to half an hour, causing noise and air pollution for local residents, and the school had been unable to prevent parents doing this. She said if the school were allowed to remain on the site and to double in size, the traffic, parking and pollution in the street would be intolerable. In concluding, she said residents believed that continued occupation of Eversheds Sports Ground by the school, would cause unacceptable disturbance to local residents, as well as reneging on the time limit placed on the school occupation by the 2016 consent. She urged the Committee to refuse permission.
Dame Alice Hudson, Executive Headteacher (Ealing Fields School), addressed the Committee. She explained that the northern section of the site was designated within Ealing’s Planning for Schools Development Plan Document (DPD) as a suitable and deliverable education site for secondary school temporary expansion to meet the Council’s educational needs. The Twyford Trust had taken over the running of the school in September 2017 and the school was proving popular. The school had a good permanent site, and despite delays, she was confident that the school would be relocated to its permeant site by September 2020. It was not the school’s intention to be permanently located on the temporary site. She explained that contractors had been appointed and the schedule was for the school to open in September 2020. She said the school was committed to managing pupil arrival and departure to ensure there was minimal impact on neighbouring residents. The timing of the school day did not align with the arrival and dismissal at Elthorne Park High School. She said the school had worked with local residents in response to concerns raised in order to mitigate any potential nuisance on site. She explained that the temporary buildings would be removed at the end of the period of occupancy and the site would revert to being used as a sports facility.
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Councillor Yoel Gordon, Ward Councillor, spoke in objection to the application. He 2018 raised concern in relation to car parking and asked that residents be consulted prior to the implementation of any restrictions. In addition, he requested that school staff be visible to manage parents dropping off and collecting pupils. He asked that residents had early sight of the construction management plans and be provided with the opportunity to feedback comments. He raised further concerns in relation to noise, and previous poor communication from the school with neighbouring residents.
Francis Torto (Transport Development Manager) confirmed that residents would be consulted ahead of any traffic measures being put in place.
Councillor Dabrowska said the principle of the application was acceptable; however she raised concern in relation to the significant increased in the number of pupils and staff travelling to the site. She said it was not possible to travel to the site by public transport; therefore a high proportion of pupils would be travelling by car. In addition she suggested that a path or gate be placed in the south-east corner of the site to alleviate traffic congestion.
Councillor Manro highlighted that the proposal was for temporary permission and would be used to provide much need school places. He said the planning process would be managed and he urged the Committee to approve the application.
Councillor Blacker asked if the Development Plan Document restricted the number of pupils on site.
The Strategic Planning Manager advised that there were no restrictions on the number of pupils on site. He highlighted that the proposal was for a temporary bulge site. He explained that the Council as the Local Education Authority had a duty to provide a sufficient number of places for pupils in the borough.
The Planning Officer reported that Elthorne Park High School and Ealing Fields School intended to staggered school finish times in order to alleviate congestion.
Councillor Mullins felt it was important that the school provided a commitment to monitor the car parking arrangements.
The Chair asked the Committee to proceed to vote on the application.
RESOLVED: to GRANT planning permission subject to the completion of legal agreement and conditions as set out in the agenda report and briefing note.
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2018
ITEM 02 - Application in respect of 49, 57 and 59 High Street, Southall UB1 3HF (Ward: Dormers Wells)
Proposal: Redevelopment of the site to provide 131 flats (89 x one bed, 39 x two bed and 3 x three bed units) and 479 sqm commercial floor space accommodated within a part seven to nine storey residential building fronting onto the High Street with ground floor commercial use (retail, and/or financial/professional services, and/or restaurant/café – flexible A1, A2 and A3 use classes)(Block A); and an adjoining part three to five storey residential building fronting onto Shrubbery Road (Block B); together with associated pedestrian through-access, disabled car parking, cycle storage, private and communal amenity spaces, refuse and recycling storage, and hard and soft landscaping.
Steve Barton, (Strategic Planning Manager) introduced the application and referred members to the additional information provided in the briefing note.
The Strategic Planning Manager reported that planning permission had been granted for the redevelopment of 49 High Street to provide 111 residential units, and two ground floor commercial units for flexible retail, professional services and restaurant or cafe use. Since the resolution to grant permission, by the Planning Committee on 19 July 2017, the applicant had acquired an interest in the adjoining sites at Nos. 57 and 59 High Street, Southall. Consequently, the revised scheme sought to incorporate the adjoining sites within the development by extending the proposed building into these plots on the High Street. This would result in an uplift of 20 residential units and an additional 172 sqm of commercial floor space.
On balance, the application was consistent with the aims of relevant planning policies, and therefore the Committee was recommended to approve planning permission.
The Chair asked the Committee to proceed to vote on the application.
RESOLVED: to GRANT planning permission subject to the completion of legal agreement and conditions, as set out in the agenda report and briefing note.
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ITEM 03 - Application in respect of 5 Chapel Road, West Ealing, W13 9AE. 2018 (Ward: Walpole)
Proposal: Construction of basement, ground and part first floor Temple building (ancillary to the main SKTA Temple) to replace a temporary marquee structure; relocation of existing ceremonial cart (involving removal of glazing) and installation of bollards to Chapel Road frontage with landscaping and boundary treatment.
Jonathan Hartnett (Planning Officer) introduced the report and referred members to the additional information provided in the briefing note. The proposal was considered to be acceptable and members were recommended to approve the application.
Penny Wark, Co-Chair Ealing Dean Residents’ Association, spoke in objection to the application. She stated she was speaking on behalf of both residents and businesses in the community. She said opposition to the proposed development was far reaching, for good reason. She explained that since 2011, when the application to develop the Temple was approved, the number of visitors to the Temple had increased considerably, and so had the other issues, as outlined in the 92 objections submitted to the Council and that was why the proposed application was very different to the one which had been previously approved. She explained that most visitors to the Temple did not live locally and travelled to the Temple by car. She raised concerns in relation to daily traffic congestion, double parking, parking on double yellow lines, blocked driveways, obstruction of emergency access, noise and pollution, lack of resident car parking, difficulties finding car parking to visit local shops and refuse being collected in the evening. She stated the Temple had a history of ignoring Council requirements, for example an unauthorised marquee was used for meditation. She said it was ‘laughable’ to accept there would be no increase in visitors when the floor space was increased from 96 square metres to 381, as that was almost four times the size. She further doubted that the new area would only be used for meditation. She believed it would be used for large gatherings, and explained that at festival times, activity was 24 hours a day, 7 days a week. She said the idea that double yellow lines and traffic calming on Chapel Road would solve congestion and gridlock that affected an area across hundreds of metres was ‘ridiculous’ and the affected area was much bigger than understood by Ealing Council. She said the use of car parks had been proposed, but unfortunately there weren’t any car parks in the area. She said any Controlled Parking Zone (CPZ) consultation needed to facilitate the splitting of the Ealing Dean CPZ to enable more restrictions in the northern part of the zone without imposing them on residents who might not need them. Further concerns were raised in relation to incongruous design in the Conservation Area and loss of light and privacy for neighbouring residents. In concluding, she restated that since 2011 the number of visitors to the Temple had increased significantly, the application proposed creating a
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much bigger floor space, in a residential area that was already saturated by traffic. She 2018 said it was naive to expect that Temple visitors would start using public transport. The facility was in the wrong place, the Committee report showed little understanding of the issues involved, and she urged the Committee to think about the impact on the community and refuse the application.
Kristian Nadarajah, Executive Chair of the Temple, addressed the Committee. He said the Temple had been located at 5 Chapel Road for 20 years and explained that the proposed development was to provide mediation halls and ancillary facilities to the existing Hindu Temple. He explained that progress in relation to the previously approved application had stalled due to the priorities of the Temple focussing on supporting orphans and single mothers affected by the civil war in Sri Lanka. He reported that at one time there had been a population of 15,000 Sri Lankans living in Ealing, in recent years this number had reduced to 7,500. He urged the Committee to approve the application.
Councillor Rai, Ward Councillor, spoke in objection to the application. She asked the Committee to imagine being a resident living near the Temple and having to deal with the wide range of related issues. She said the congregation had grown and this had exacerbated anti-social activities such as noise, litter, traffic congestion, illegal car parking, and this was particularly problematic during religious festivals. She stated the proposed development would have an adverse impact on nearby residents and felt further analysis of the application, particularly in relation to traffic congestion and increase in number of attendees should be undertaken prior to a decision being made.
Councillor Shaw, Ward Councillor, addressed the Committee. He said the report had not provided details of traffic flow. He reported that the area was characterised by narrow roads and the application did not adequately address highways issues. He raised concerns in relation to illegal car parking, congestion and the impact on nearby residents. He felt further evidence regarding the impact of additional traffic generation should be requested before a decision on the application was taken. He urged the Committee to refuse or defer the application.
Francis Torto (Transport Development Manager) reported that it was not anticipated the proposed development would result in an increase in worshippers attending the Temple. He advised that in order to mitigate against any additional traffic problems and to improve the existing situation, it was proposed to introduce double yellow lines along Chapel Road and a Green Travel Plan, with annual monitoring of attendees by an independent company. Members were advised that the proposed measures would improve the existing arrangements.
Councillor Ahmed-Shaikh commented that the implementation of a Travel Plan would be
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helpful and felt overall the application was acceptable. 2018
Councillor Blacker noted that the previously approved permission had not been implemented and that planning policy had since changed. He therefore queried the weight that should be attached to the fact the Temple had extant permission.
Councillor Cogan raised concerns in relation to traffic congestion and the effectiveness of the Travel Plan to address the issue. He felt the proposal would exacerbate the current situation and have a detrimental impact on neighbouring residents.
Councillor Conlan raised concern in relation to car parking and he felt the report underestimated the wider traffic issues in surrounding streets. He was not convinced that the Travel Plan would adequately alleviate the issues. He queried how the Plan would be enforced and suggested that traffic and attendee numbers be monitored prior to the commencement of the development to allow the impact to be accurately measured.
The Transport Development Manager reported that the Travel Plan would include details of an agreed strategy to encourage alternative forms of travel to the site, and the Temple would provide incentives to attendees, including providing a shuttle bus and on- site bicycle parking. If an increase in attendees was found, further mitigation measures would be agreed with the Council’s Transport Planner to address the issues. He confirmed that monitoring would be carried out before and after commencement of the development. He explained that if the Temple did not meet the set targets, remedial measures would be taken until the targets had been met.
The Chair asked if the number of visitors to the Temple could be stipulated as a condition to any permission granted.
Alison Luff (Lawyer (Planning and Property)) explained that visitor numbers would be best controlled by relevant fire safety and other regulatory controls to restrict overcrowding of the premises.
Councillor Manro said he had attended the site visit and witnessed stewards managing the traffic movement. He explained that he had visited the Temple by car and it had not been possible for him to park nearby, due to the CPZ restrictions.
Councillor Mullins raised concern regarding the proposed Travel Plan. She said cars travelling to the Temple were normally full with friend and family members, and she felt it would be impractical for most visitors to travel by bicycle, as often attendees brought food to the Temple. She explained that the issues had been occurring for a number of years and she doubted the Travel Plan could be suitably enforced.
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The Strategic Planning Manager explained that the proposed application provided the 2018 Committee with an opportunity to regularise activity on site and enforce the proposed conditions in relation to the Green Travel Plan and hours of use, which would improve the present situation. In relation to planning policy, he explained there was no specific site allocation for this site. Policy 6.2 of the Ealing Development (Core) Strategy 2026 (2012) specified that the Council should seek to enhance buildings and spaces through developments which enabled cultural activity to take place for the benefit of its community. The present facilities at the Temple were inadequate for attendees, and the Council should support the principle of an improvement to facilities. It was noted that the present use of the Temple had resulted in car parking issues, noise and disturbance for neighbouring residents. He explained that on balance, the proposal was considered to be acceptable.
Councillor Dabrowska said the fence on site had been moved and encroached on neighbouring residents’ amenity space. She felt it was unfair to residents to implement the proposed CPZ scheme. She said the congregation of the Temple had grown over recent years and issues had not been addressed; and she doubted that future issues would be resolved.
Councillor Ahmed said there were traffic issues throughout London and the application provided the Committee the opportunity to address the issue on this site.
Councillor Mahmood said the proposal would provide a good facility for the community.
Councillor Cogan noted the context of the existing permission; however he felt a decision on the application should be deferred to allow a further report to be presented to the Committee setting out the details of the Travel Plan. He proposed the decision be deferred. The proposal was seconded by Councillor Mullins. The proposal to defer was not supported by the Committee and fell accordingly.
Councillor Ahmed-Shaikh asked if it would be possible to establish a park and ride scheme to transport visitors to the Temple.
The Strategic Development Manager suggested a condition be attached to any permission granted to require the Chair of the Planning Committee to be consulted regarding the Green Travel Plan prior to the details being finalised.
The Chair asked the Committee to proceed to vote on the application.
RESOLVED: to GRANT planning permission subject to the completion of a legal agreement and conditions as set out in the agenda report and briefing note, and the Chair of the Planning Committee being consulted prior to Condition 5 – Green Travel
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Plan being signed off. 2018
8. Date of the Next Meeting
The Chair noted that it was the last meeting of the municipal year ahead of the borough elections and thanked councillors for their work and contributions at Planning Committee meetings.
The next meeting was provisionally scheduled to take place on 23 May 2018.
It was noted that the next ouldplace on Wednesday 00pm P 2017 at
The meeting ended at 8:35 pm
Councillor Dhindsa (Chair) …………………………………………
The minutes should be read in conjunction with the agenda for the meeting. They are subject to approval and signature at the next meeting of this Committee. Page 10 Page 16 of 134 ITEM 01 - Belvue School Rowdell Road Northolt UB5 6AG
© Crown copyright and database rights 2015 OS LA0100019807 Page 10 May 172018 of 134 1:1250
Page 18 of 134 Planning Committee 23/05/18 Schedule Item 01
Ref : 180565FUL
Address: Belvue School, Rowdell Road, Northolt, Middlesex, UB5 6AG.
Ward: Northolt Mandeville
Proposal: Construction of a part-single and part two- storey side and rear extension for school use (Use Class D1) with ancillary caretaker accommodation and ramp and step access, following the demolition of nine single-storey ancillary structures; installation of associated hardstanding, green house, cycle and refuse storage, pump house and sprinkler tank and associated enclosures (Regulation 3 - Council's own Development)
Drawing numbers: BRUKL Output Document-Green, dated 30/04/18; BRUKL Output Document-Lean, dated 30/04/18; BRUKL Output Document- Remodelling Areas, dated 08/05/18; Energy Report, ref HLES59154/004Rv1, prepared by RPS, dated May 2018; Overheating Report, prepared by RPS, dated May 2018; A Written Scheme of Investigation for an Archaeological Trial Trench Evaluation, project number 33554, prepared by AOC Archaeology Group, dated April 2018; Drainage Assets Maintenance Scheme Operation and Maintenance Requirements, project number 12819, prepared by Campbell Reith, dated April 2018; Transport Statement-Rev-D, prepared by Kronen Ltd, dated May 2018; Letter, RE Phasing, prepared by Mr J Lytton, dated 08/05/2018; Planning Statement-Rev-3, prepared by Vincent+Gorbing, dated May 2018; Landscape and Visual Impact Assessment, prepared by Macfarlane+Assocs; Drainage Strategy Report, project number 12819, prepared by Campbell Reith, dated February 2018; Drainage Assessment Form, prepared by Campbell Reith, dated 02/02/2018; Extended Phase 1 Survey, ref: EP1/BTE/Belvue, prepared by Urban Wildlife, dated 06/06/2017; Asset Location Search, ref ALS/ALS Standard/2017_3566256, dated 10/05/2017; Page 1 of 26
Page 19 of 134 Planning Committee 23/05/18 Schedule Item 01
Design and Access Statement Rev A, prepared by Rock Townsend, dated February 2018; Baseline Survey & Preliminary BB93 Review, ref 3840_BB93_1, prepared by Paragon Acoustic Consultants, dated 08/06/2017; Flood Risk Assessment for Planning, ref AEL-4491-FRA- 922243, prepared by Argyll Environmental Limited, dated 11/10/2017; Development Site Impact Report, ref GD/160383R/sh, prepared by Barlett Consulting, dated 27/07/2017; BREEAM New Construction: Pre-Assessment Report, ref HLES59154/001R, prepared by RPS, dated January 2018; Sustainable Design and Construction Statement Rev 2, prepared by Osborne, dated 31/01/2018; Gateway 0 & 1 Report – No 1, prepared by Currie & Brown, dated 18/10/2017; STARS School Travel Plan, prepared by Belvue School, dated September 2016; Statement of Community Involvement, prepared by Ealing Council Property Services Delivery Unit, dated 02/02/18; Consultation Letter, prepared by Ealing Council, dated 23/01/2017; Tree Constraints Plan, prepared by Barlett Consulting, dated 09/08/2017; Preliminary Tree Protection Plan, prepared by Barlett Consulting, dated 09/08/2017; MM-SK1- 020218; MM-SK2-020218; 00-00-DR-A-00101- Rev-PL01; 00-00-DR-A-00155-Rev-PL01; 00-00- DR-A-00156-Rev-PL07; 00-00-DR-A-00102-Rev- PL01; 00-00-DR-A-00103-Rev-PL01; 00-00-DR-A- 00103-PL01; 00-00-DR-A-00105-Rev-PL01; 00-00- DR-A-00150-Rev-PL04; 00-00-DR-A-00110-Rev- PL01; 00-00-DR-A-00111; 00-00-DR-A-00120- Rev-PL01; 00-00-DR-A-00121-Rev-PL01; 00-00- DR-A-00125-Rev-PL01; 00-00-DR-A-00126-Rev- PL02; 00-00-DR-A-00130-Rev-PL01; 00-00-DR-A- 00131-Rev-PL03; 00-00-DR-A-00132-Rev-PL01; 00-00-DR-A-0000140-Rev-PL01; 00-00-DR-A- 00141-Rev-PL02; 00-00-DR-A-00157-Rev-PL01.
Type of Application: Deemed Consent
Application Valid: 07.02.2018
Report by Alan Corcoran
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Page 20 of 134 Planning Committee 23/05/18 Schedule Item 01
Recommendation: Grant Deemed Consent subject to conditions and internal transfer.
Executive Summary
The application site is located to the south of Belvue Park and Rowdell Road, Northolt.
The site is designated as Green Belt and is located within an Archaeological Interest Area.
The proposal consists a part single and part two-storey 1,316 sq. m. side and rear extension for school use and caretaker accommodation, following the demolition of 1,286 sq. m. of floor area (30 sq. m. increase proposed). The extension would accommodate a modest pupil increase from 135 to 160 (increase of 25 pupils) and modest staff increase from 80 to 90 Full Time Equivalent (FTE) staff.
The principle of the school development is acceptable as the applicant has demonstrated “very special circumstances” and demonstrated minimal impact upon the openness of the Green Belt i.e. the proposal would result in a 15% reduction in building footprint and only a minor net increase in floor area of 30 sq. m. (<1% increase).
The Greater London Authority (GLA) and Historic England’s Greater London Archaeology Advisory Service (GLASS) have been consulted and did not raise an objection subject to conditions which have been recommended. The GLA stated they do not require a Stage 2 referral (consultation) following the planning committee decision.
No public representations have been made to the Council.
The application has been assessed in terms of the principle, character and appearance, residential amenity, transport, noise and air quality, energy and sustainability, flood risk and drainage and landscaping and trees. It is considered that the proposal would be consistent with the aims of the relevant policies of the National Planning Policy Framework, The London Plan, Ealing’s Development (Core) Strategy and Ealing’s Development Management DPD.
It is recommended that planning permission should be approved subject to the following financial contributions/internal transfers, conditions and informatives:
Financial contributions/internal transfers
- £12,000 towards pedestrian/cycle improvements on Rowdell Road and Ealing Road/Kensington Road to be provided by the Council’s Transport Services;
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- £11,305 towards tree planting within 500m of the school to be provided by the Council’s Tree Services; - £2,136 for post-construction energy monitoring by the Council’s service provider, Energence Ltd.
Conditions
Time Limit – 3 years
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: To comply with the provisions of the Town and Country Planning Act 1990 (as amended).
Approved Plans
2. The development hereby permitted shall be carried out in accordance with the following approved documents and plans:
BRUKL Output Document-Green, dated 30/04/18; BRUKL Output Document- Lean, dated 30/04/18; BRUKL Output Document-Remodelling Areas, dated 08/05/18; Energy Report, ref HLES59154/004Rv1, prepared by RPS, dated May 2018; Overheating Report, prepared by RPS, dated May 2018; A Written Scheme of Investigation for an Archaeological Trial Trench Evaluation, project number 33554, prepared by AOC Archaeology Group, dated April 2018; Drainage Assets Maintenance Scheme Operation and Maintenance Requirements, project number 12819, prepared by Campbell Reith, dated April 2018; Transport Statement-Rev-D, prepared by Kronen Ltd, dated May 2018; Letter, RE Phasing, prepared by Mr J Lytton, dated 08/05/2018; Planning Statement-Rev-3, prepared by Vincent+Gorbing, dated May 2018; Landscape and Visual Impact Assessment, prepared by Macfarlane+Assocs; Drainage Strategy Report, project number 12819, prepared by Campbell Reith, dated February 2018; Drainage Assessment Form, prepared by Campbell Reith, dated 02/02/2018; Extended Phase 1 Survey, ref: EP1/BTE/Belvue, prepared by Urban Wildlife, dated 06/06/2017; Asset Location Search, ref ALS/ALS Standard/2017_3566256, dated 10/05/2017; Design and Access Statement Rev A, prepared by Rock Townsend, dated February 2018; Baseline Survey & Preliminary BB93 Review, ref 3840_BB93_1, prepared by Paragon Acoustic Consultants, dated 08/06/2017; Flood Risk Assessment for Planning, ref AEL- 4491-FRA-922243, prepared by Argyll Environmental Limited, dated 11/10/2017; Development Site Impact Report, ref GD/160383R/sh, prepared by Barlett Consulting, dated 27/07/2017; BREEAM New Construction: Pre-Assessment Report, ref HLES59154/001R, prepared by RPS, dated January 2018; Sustainable Design and Construction Statement Rev 2, prepared by Osborne, dated 31/01/2018; Gateway 0 & 1 Report – No 1, prepared by Currie & Brown, dated 18/10/2017; STARS School Travel Plan, prepared by Belvue School, dated Page 4 of 26
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September 2016; Statement of Community Involvement, prepared by Ealing Council Property Services Delivery Unit, dated 02/02/18; Consultation Letter, prepared by Ealing Council, dated 23/01/2017; Tree Constraints Plan, prepared by Barlett Consulting, dated 09/08/2017; Preliminary Tree Protection Plan, prepared by Barlett Consulting, dated 09/08/2017; MM-SK1-020218; MM-SK2- 020218; 00-00-DR-A-00101-Rev-PL01; 00-00-DR-A-00155-Rev-PL01; 00-00- DR-A-00156-Rev-PL07; 00-00-DR-A-00102-Rev-PL01; 00-00-DR-A-00103-Rev- PL01; 00-00-DR-A-00103-PL01; 00-00-DR-A-00105-Rev-PL01; 00-00-DR-A- 00150-Rev-PL04; 00-00-DR-A-00110-Rev-PL01; 00-00-DR-A-00111; 00-00-DR- A-00120-Rev-PL01; 00-00-DR-A-00121-Rev-PL01; 00-00-DR-A-00125-Rev- PL01; 00-00-DR-A-00126-Rev-PL02; 00-00-DR-A-00130-Rev-PL01; 00-00-DR- A-00131-Rev-PL03; 00-00-DR-A-00132-Rev-PL01; 00-00-DR-A-0000140-Rev- PL01; 00-00-DR-A-00141-Rev-PL02; 00-00-DR-A-00157-Rev-PL01.
Reason: For the avoidance of doubt and in the interests of proper planning.
Sample of Materials
3. Notwithstanding the plans hereby approved, details of materials and finishes to be used for the external building surfaces including samples of the proposed bricks and mortar shall be submitted to and approved by the Local Planning Authority prior to the commencement of development (excluding ground works and site clearance). The development shall be carried out in accordance with these approved details and retained as such thereafter.
Reason: To ensure that the materials harmonise with the surroundings in accordance with Policies 7.1, 7.4 and 7.6 of the London Plan and Policy 7B of Ealing’s Development Management DPD.
Construction Management Plan
4. Prior to the commencement of development hereby approved (including initial site clearance and ground works), a Construction Management Plan shall be submitted to and approved by the Local Planning Authority. The plan shall include the following details:
1) on-site construction worker parking; 2) routes the traffic will use and the number, frequency and size of construction vehicles; 3) delivery times; 4) vehicle manoeuvring including swept path diagrams to demonstrate how construction vehicles will access the site, turn into and emerge from the site in forward gear, including details of any temporary vehicle access points; 5) procedures for on-site contractors to deal with complaints from residents; 6) undertaking for all ‘Non-Road Mobile Machinery’ (NRMM) to be used during the construction of the development to be registered on the NRMM register and meet the Stage IIIB emission criteria of Directive 97/68/EC. Page 5 of 26
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Reason: In the interest of safety and to protect residential amenity in accordance with Policies 5.3, 6.14, 7.14 and 7.15 of the London Plan and Policy 7A of Ealing’s Development Management DPD.
Cycle Parking
5. A minimum of 16 sheltered cycle parking spaces (including two spaces for modified/enlarged cycles) shall be installed in accordance with the proposed site plan (refer to drawing reference 00-00-DR-00156-Rev-PL07) prior to the 30/11/2019. The sheltered cycle parking shall be retained as such thereafter.
Reason: To ensure adequate cycle parking is provided to encourage the use of sustainable modes of transport in accordance with Policy 6.9 of the London Plan and Ealing’s Supplementary Planning Document ‘Sustainable Transport for New Development’.
Car Parking
6. One disabled car parking space, three active electric vehicle charging points and three passive electric vehicle charging points shall be available for use prior to the 30/11/2019 and shall be retained as such thereafter.
Reason: To ensure adequate disabled car parking and vehicle charging points are provided in accordance with Policy 6.13 of the London Plan.
Landscaping
7. The proposed landscaping works as detailed in drawing reference 00-00-DR- A-00156-Rev-PL07 shall be completed and available for use prior to the 30/11/2019 and retained as such thereafter.
Reason: To ensure that the development is landscaped in the interests of the visual amenity and ensure amenity provision for pupils in consideration of BB103 and in accordance with Policy 3.2 and 3.18 of the London Plan and Policy 7B of Ealing’s Development Management DPD.
School Travel Plan
8. (a) Prior to the first use of the development hereby approved, an interim school travel plan shall be submitted to and approved by the Local Planning Authority.
(b) The school shall achieve at least a bronze STARS accreditation within one year of the first use of the development hereby permitted. The minimum of a bronze STARS accreditation shall be permanently maintained thereafter.
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Reason: To promote the use of sustainable modes of transport and minimise traffic and parking congestion on neighbouring streets in accordance with Ealing’s Sustainable Transport for New Development SPD and Policy 1.1 of Ealing’s Development (Core) Strategy.
Delivery and Servicing Plan
9. Prior to the first use of the development hereby permitted, a Delivery and Service Plan (including details of minibus drop off and pick up) shall be submitted to and approved by the Local Planning Authority. Use of the development shall be carried out in accordance with the approved Delivery and Service Plan.
Reason: To minimise the impact on residential amenity in accordance with Policies 6.14, 7.14 and 7.15 of the London Plan and Policy 7A of Ealing’s Development Management DPD.
External Plant
10. The external sound level emitted from plant/machinery/equipment as assessed under BS4142:2014 shall be lower than the lowest existing background sound level by at least 5dBA as measured at the nearest and/or most affected noise sensitive premises with all machinery operating together at maximum capacity.
Reason: To safeguard amenity in accordance with Policy 7.15 of the London Plan, Policy 1.1 of Ealing’s Development (Core) Strategy, Policy 7A of Ealing’s Development Management DPD and Ealing’s SPG 10 - 'Noise and Vibration'.
Remediation
11. (a) A detailed remediation scheme to ensure the proposed new areas of soft landscaping are suitable for their proposed end use must be submitted to and approved by the Local Planning Authority prior to the commencement of development (excluding initial site clearance and ground works).
(b) A verification report must be submitted to and approved by the Local Planning Authority declaring the suitability of the new soft landscape areas prior to the first use of the development hereby permitted. The approved and verified remediation scheme shall be implemented prior to the first use of the development hereby permitted.
Reason: To ensure the proposed new soft landscape areas to be situated in the centre of the site are suitable for use in accordance with Policy 5.21 of the London Plan and 5.21 of Ealing’s Development Management DPD.
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Restriction on Use of Caretaker’s Flat
12. The caretaker’s flat shall only be occupied on an ancillary basis by an employee of the school or for educational purposes (use class D1).
Reason: To accord with the terms of the application on Green Belt in accordance with Policy 7.16 of the London Plan and Policy 5.2 of Ealing’s Development (or Core) Strategy.
Permitted Development Restricted
13. Notwithstanding the provisions of Classes M and N of Part 7 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, no extensions or alterations, nor any provision of new hardstanding, shall be carried out without the prior permission of the Local Planning Authority, obtained through the submission of a planning application.
Reason: To prevent unsuitable development on Green Belt and to safeguard the openness of the site in accordance with Policies 2.18 and 7.16 of the London Plan, Policies 1.1, 5.2, 5.6 and 6.3 of the Ealing Development (Core) Strategy and Policy 2.18 of Ealing’s Development Management DPD.
Green Roof
14. The 200sq. m. of extensive green roof shall be laid out in accordance with the details shown on the approved roof plan (ref: 00-00-DR-A-00126-PL02). The detailed design of the extensive roof shall incorporate the following: a) Be biodiversity based, with extensive substrate base varying in depth from 75mm to 150mm; b) Have sufficient depth of soil/growing medium for the relevant planting, including the re-use of any demolition material where feasible; c) Be planted/seeded with a mix of native species within the first planting season following the practical completion of the single-storey component. The seed mix shall be focused on wildflower planting and shall contain no more than 25% sedum; d) Have relevant efficient and effective drainage and irrigation to sustain the vegetation.
The extensive green roof shall be retained as such thereafter.
Reason: To ensure the development provides the maximum possible provision towards the creation of habitats and valuable areas for biodiversity in accordance with Policies 5.3, 5.10, 5.11, 5.12 and 7.19 of the London Plan, Policies 1.1, Greater London Authority, Living Roofs and Walls, Technical Report: Supporting London Plan Policy and 1.2 of Ealing’s Development (or Core) Strategy and Policies 5.10 and 5.11 of Ealing’s Development Management DPD. Page 8 of 26
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BREAAM
15. The approved development shall be registered with Building Research Establishment (BRE) and achieve a minimum BREEAM ‘Very Good’ rating based on the latest BREEAM NC Technical guidance.
(a) Within three months of commencement of development, an Interim BREEAM NC Assessment (including new school building, remodelled school building and caretaker dwelling) and related Certification for the new school building only, verified by the BRE, shall be submitted to and approved by the Local Planning Authority.
(b) Within three months of first use of the approved development, a BREEAM 'Post Construction Stage' Assessment (including new school building, remodelled school building and caretaker dwelling) and related Certification for the new school building only, verified by the BRE, shall be submitted to and approved by the Local Planning Authority.
The approved measures shall be retained in working order in perpetuity.
Reason: In the interest of addressing climate change and to secure sustainable development in accordance with policies 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan (2016), policies 1.1(k) and 1.2(f) of Ealing’s Development (Core) Strategy (2012) and policies 5.2 and 7A of Ealing’s Development Management DPD (2013).
Low NOx boilers
16. Ultra-low NOx boilers (<40 mgNOx/kWh) shall be installed prior to first use and permanently retained thereafter.
Reason: To minimise the impact of building emissions on local air quality in accordance with Policies 3.2 and 7.14 of the London Plan, the Mayor’s Sustainable Design and Construction SPG and Policy 7A of Ealing’s Development Management DPD.
Overheating and Cooling
17. (a) Prior to the commencement of the approved development (excluding ground works and site clearance), full tabularised set of results for all weather scenarios in the analysis shall be submitted to and approved by the Local Planning Authority.
(b) Prior to completion, the approved development shall incorporate overheating mitigation measures that comply with CIBSE TM52 and TM49 criteria and CO2 ppm levels criteria as stated in the approved Energy Report and Overheating Report (prepared by RPS Consulting Services Ltd, dated 8th May 2018) and Page 9 of 26
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Sustainable Design and Construction Statement Rev2 (prepared Osborne, dated 31.01.2018).
Reason: To ensure that the development is energy efficient, minimises overheating risk and improves ventilation and daylighting in accordance with Policy 5.2, 5.3 and 5.9 of the London Plan.
Energy Strategy
18. (a) Prior to the commencement of the approved development (excluding ground works and site clearance), the following details shall be submitted to and approved by the Local Planning Authority:
- details of plant room connecting new and existing school buildings, including their size, layout and location, size of boilers and details of the flue; - updated solar PV specification details and modelling output reports including the BER and TER from the “as design stage” as evidence to the approved Energy Report (prepared by RPS Consulting Services Ltd, dated 8th May 2018);
(b) Prior to the completion of the development, the following measures shall be implemented to achieve an overall reduction in regulated CO2 emissions of at least 35.90% (equal to at least 7.45 tonnes CO2 per year) beyond Building Regulations Part L 2013, as detailed in the approved plans, Energy Report and Overheating Report (prepared by RPS Consulting Services Ltd, dated 8th May 2018):
1. energy saving measures to achieve at least annual carbon dioxide emission savings of 1.27 tonnes CO2 equating to 6.14% CO2 emissions reduction in regulated carbon dioxide (CO2) emission savings over the compliant BR Part L 2013 base case.
2. incorporation of at least 15.66kWp solar PV system to supply 10.60MWh of electricity annually as a minimum and achieve at least annual carbon dioxide emission savings of 6.18 tonnes CO2 equating to 29.76% in CO2 emission savings over the Be Lean stage of the Energy Hierarchy.
(c) Within three-months of the practical completion of the approved development the following details shall be submitted to and approved by the Local Planning Authority:
- Energy Performance Certificates and detailed modelling output reports including the BER and TER from the “as built stage” shall be submitted to and approved by the Local Planning Authority to confirm compliance with regulated CO2 savings. - evidence that the renewable/low carbon technology(ies) is certified under the Microgeneration Certification Scheme (MSC) and, if appropriate, complies with the Enhanced Capital Allowances (ECS) product criteria.
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The approved measures installed shall permanently be retained as such thereafter. Reason: To ensure the development is energy efficient, to reduce greenhouse gases emissions and to minimise the impact of building emissions on local air quality in accordance with Policies 3.2, 5.3, 5.5, 5.6 and 7.14 of the London Plan, the Mayor’s Sustainable Design and Construction SPG, Policies 1.1 and 1.2 of Ealing’s Development (or Core) Strategy and Policies 5.2 and 7A of Ealing’s Development Management DPD.
Archaeological Scheme of Investigation
19. (a) No demolition or development shall be carried out other than what is detailed in the approved Stage 1 WSI (dated April 2018).
(b) If heritage assets of archaeological interest are identified by the Stage 1 WSI, for those parts of the site, a Stage 2 WSI shall be submitted to and approved by the Local Planning Authority. Regarding land subject to a Stage 2 WSI, no demolition or development shall be carried out other than what is detailed in the approved Stage 2 WSI. The Stage 2 WSI (if required) shall include:
- A statement of significance and research objectives, a programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works; - A programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the Stage 2 WSI.
Reason: To ensure any heritage assets found in the archaeological interest area are protected in accordance with Paragraph 141 of the NPPF, Policy 7.8 of the London Plan and Policy 7C of Ealing’s Development Management DPD.
External Lighting
20. Prior to first use of the development hereby approved, details of external artificial lighting shall be submitted to and approved by the Local Planning Authority. Details shall include measures to minimise use of lighting and prevent glare and sky glow by correctly using, locating, aiming and shielding luminaires. Lighting contours shall demonstrate that the vertical illumination of any nearby premises is in accordance with the recommendations of the Institution of Lighting Professionals in the ‘Guidance Notes for The Reduction of Light Pollution 2011’. Approved details shall be implemented prior to first use of the development and shall thereafter be permanently retained.
Reason: To safeguard amenity in accordance with Policy 7A of Ealing’s Development Management DPD.
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Informatives
1. The decision to grant planning permission has been taken having regard to the policies and proposals in the National Planning Policy Framework (2012), the Draft National Planning Policy Framework (2018), the London Plan with minor alterations (2016), the Draft London Plan (2017), the adopted Ealing Development (Core) Strategy (2012), the adopted Ealing Development Management DPD (2013) and to all relevant material considerations:
National Planning Policy Framework (2012) 4 Promoting Sustainable Transport 7 Requiring Good Design 8 Promoting Healthy Communities 9 Protecting Green Belt Land 10 Meeting the Challenge of Climate Change, Flooding and Coastal Change 12 Conserving and Enhancing the Historic Environment
Draft National Planning Policy Framework (2018) Paragraph 95 - Schools Paragraph 144 - Green Belt
London Plan with minor alterations (2016) 3.2 Improving Health and Addressing Health Inequalities 3.16 Protection and Enhancement of Social Infrastructure 3.18 Education Facilities 3.19 Sports Facilities 5.1 Climate Change Mitigation 5.2 Minimising Carbon Dioxide Emissions 5.3 Sustainable Design and Construction 5.4A Electricity and Gas Supply 5.5 Decentralised Energy Networks 5.6 Decentralised Energy in Development Proposals 5.7 Renewable Energy 5.9 Overheating and Cooling 5.10 Urban Greening 5.11 Green Roofs and Development Site Environs 5.12 Flood Risk Management 5.13 Sustainable Drainage 5.21 Contaminated Land 6.1 Strategic Approach 6.3 Assessing Effects of Development on Transport Capacity 6.9 Cycling 6.10 Walking 6.11 Smoothing Traffic Flow and Tackling Congestion 6.13 Parking 6.14 Freight 7.1 Lifetime Neighbourhoods Page 12 of 26
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7.2 An Inclusive Environment 7.3 Designing out Crime 7.4 Local Character 7.6 Architecture 7.8 Heritage Assets and Archaeology 7.13 Safety, Security and Resilience to Emergency 7.14 Improving Air Quality 7.15 Reducing and Managing Noise, Improving and Enhancing the Acoustic, Environment and Promoting Appropriate Soundscapes 7.16 Green Belt 8.2 Planning Obligations
Draft London Plan (2017) Policy S3 Education and Childcare Facilities
Supplementary London Plan Guidance - The control of dust and emissions during construction and demolition (July 2014) - Shaping Neighbourhoods: Character and Context (June 2014) - Accessible London: Achieving an Inclusive Environment (October 2014) - Sustainable Design and Construction (April 2014) - Energy Planning (March 2016) - London Sustainable Drainage Action Plan (December 2016) - SuDS in London - A Guide (November 2016) - London Cycling Design Standards with minor alterations (September 2016) - Construction Logistics Guidance (July 2017) - Living Roofs and Walls, Technical Report: Supporting London Plan Policy (February 2008)
Adopted Ealing Development (Core) Strategy (2012) 1.1 Spatial Vision for Ealing 2026 1.2 Delivery of the Vision for Ealing 2026 5.1 Protect and Enhance Metropolitan Green Belt 6.2 Social Infrastructure 6.3 Green Infrastructure 6.4 Planning Obligations and Legal Agreements
Adopted Ealing Development Management DPD (2013) 2.18 Green Infrastructure - The Network of Open and Green Spaces 5.2 Ealing Local Variation - Minimising Carbon Dioxide Emissions 5.12 Ealing Local Variation - Flood Risk Management 5.21 Ealing Local Variation - Contaminated Land 7A Ealing Local Variation - Amenity 7.4 Ealing Local Variation - Local Character 7B Ealing Local Policy - Design Amenity 7C Ealing Local Policy - Heritage EA Ealing Local Policy - Presumption in Favour of Sustainable Development Page 13 of 26
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Adopted Supplementary Planning Documents Adopted Planning for Schools DPD (2016) – Policy 2 Sustainable Transport for New Development (2013)
Draft Supplementary Planning Documents Legal Agreements, Planning Obligations and Planning Gain (2007)
Ealing’s Interim Supplementary Planning Guidance SPG 3 Air Quality SPG 4 Refuse and Recycling Facilities SPG 9 Trees and Development Guidelines SPG 10 Noise and Vibration SPD 9 Legal Agreements, Planning Obligations and Planning Gain
2. Construction and demolition works and associated activities at the development including deliveries, collections and staff arrivals audible beyond the boundary of the site should not be carried out other than between the hours of 0800 - 1800hrs Mondays to Fridays and 0800 - 1300hrs on Saturdays and at no other times, including Sundays and Public/Bank Holidays, unless otherwise agreed with the Environmental Health Officer.
3. At least 21 days prior to the commencement of any site works, all occupiers surrounding the site should be notified in writing of the nature and duration of works to be undertaken. The name and contact details of persons responsible for the site works should be signposted at the site and made available for enquiries and complaints for the entire duration of the works and updates of work should be provided regularly. Any complaints should be properly addressed as quickly as possible.
4. Best Practicable Means (BPM) should be used in controlling dust emissions, in accordance with the Supplementary Planning Guidance by the GLA (2014) for The Control of Dust and Emissions during Construction and Demolition.
5. No waste materials should be burnt on site of the development hereby approved.
6. Best Practicable Means (BPM) should be used during construction and demolition works, including low vibration methods and silenced equipment and machinery, control and monitoring measures of noise, vibration, delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary, in accordance with the Approved Codes of Practice of BS 5228-1:2009+A1:2014 Code of practice for noise and vibration control on construction and open sites. Noise and BS 5228-2:2009+A1:2014 Code of practice for noise and vibration control on construction and open sites. Vibration
7. In respect of condition 5 (cycle parking), the detailed provision shall give consideration of guidance contained in the London Cycling Design Standards. Page 14 of 26
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8. In respect of condition 18 (Energy Strategy), if the stated energy targets as stated in the Energy Report (prepared by RPS Consulting Services Ltd, dated 8th May 2018) are not achieved, the applicant would be required to submit a formal minor material amendment application to the Local Planning Authority prior to first use the development.
9. In respect of condition 19 (WSI), this must be prepared and implemented by a suitably qualified professionally accredited archaeological practice in accordance with Historic England’s Guidelines for Archaeological Projects in Greater London. This condition is exempt from deemed discharge under schedule 6 of The Town and Country Planning (Development Management Procedure) (England) Order 2015.
10. In respect of condition 20 (external lighting), luminaires shall be designed to reduce light pollution to nearby properties and road users and where applicable the recommendations of the following guidance shall be met: - ILP Guidance Notes for the reduction of Obtrusive Lighting 2011. -CIE Technical Report- Guide on the Limitation of the Effects of Obtrusive Light from Outdoor Lighting Installations - CIE 150: 2003. -Statutory Nuisance from Insects and Artificial Light by Department of Environment Food. Guidance on sections 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005, Defra.
Site Description
The 1.1 hectares’ application site is located to the south of Belvue Park, at the junction of Ealing Road/Kensington Road and Rowdell Road. The site currently accommodates 135 Special Educational Needs secondary school places (ages 11 to 19 year olds) and 80 FTE staff.
The site is located within Northolt Village Green Archaeological Interest Area and forms part of the wider Green Belt designation (1.1 hectare of the 12.3 hectare Green Belt).
The site consists predominantly of single-storey buildings located towards the west and north site boundaries. There is a double height main hall towards the centre of the site and a detached two-storey school caretaker’s house located in the north-east corner. There are both flat and pitched roof buildings on-site and brick is the principle material used across the site.
The site currently does not contain any cycle parking spaces, while car parking is located to the west and north of the site and consists of 12 formal staff car parking spaces (including one disabled space and two mini-bus spaces). The playground occupies the remainder of the site towards the south-east corner of the site.
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The site is accessed by pedestrians and vehicles from Rowdell Road, while a separate minibus access is located off Ealing Road/Kensington Road to the west.
To the south of the site is a densely-planted woodland and the Western Avenue (A40). Belvue Park is located to the north, while to the east is an industrial estate containing two-storey buildings and a golf driving range and to the west is a residential area consisting two to three-storey residential units.
The Proposal
It is proposed to demolish nine single-storey structures from across the site and the two-storey detached caretaker’s dwelling from the north-east of the site.
Following demolition, it is proposed to construct a part-single and part two-storey side and rear extension for school use (Use Class D1), with ancillary caretaker accommodation towards the north-east corner of the site. The two-storey component would extend parallel to the eastern boundary and would measure approximately 16m and 39m in width and depth respectively and would have a maximum height of 12m, while the single-storey component would be L-shaped and located to the rear (south) and side (east) of the existing building. The proposed extension would have a floor area of 1,316 sq. m. This extension would be constructed in brick and would predominantly be flat roofed, with pitched roof elements to the front (north) of the site, one of which would contain a glazed lantern. The single-storey element to the rear would have a flat green roof, while the two-storey element would accommodate photovoltaic (PV) panels and mechanical plant and associated steel louvered screening and guard rails.
The proposal includes the installation of 16 covered cycle parking spaces to the west of the site and a pump house and sprinkler tank and associated enclosure to the east of the site. The bin storage would be located to the north and would be screened by a hit and miss timber fence to match the pump house and sprinkler tank enclosure.
Despite the notable size of the proposal, there would be a 15% reduction in building footprint and only a minor net increase in floor area of 30 sq. m. (<1% increase) following the demolition of 1,286 sq. m. of existing floor area:
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The proposed development would result in an additional 25 pupils (160 total) and 10 staff (90 total).
There are no alterations proposed to the site access. There would be no increase in hardstanding available for car parking, however formal/lined car parking provision will increase from 12 spaces to 17.
Relevant Planning History
P/2002/1384 - Deemed Consent - 03.10.2002
Single-Storey Extensions to North and West Elevations of School to Provide Nine New Classrooms, Together with Formation of Vehicular Access to Kensington Road (New Vehicle Only Entrance to School) With Associated Additional Car Park, And Garage for School Bus.
P/2005/0262 - Granted Conditionally - 21.02.2005
Ball Court East of Main Playground (Deemed Application by London Borough of Ealing)
P/2008/4744 - Granted Conditionally - 23.07.2009
Single Storey Classroom Block Extension Comprising 3 Teaching Areas, And Extension to Existing Caretakers Store (Deemed Application by London Borough of Ealing)
P/2010/2149 - Deemed Consent - 02.07.2010
Provision of Single Storey Temporary Classroom Unit on Existing Hard-surfaced Playground Area and Associated Canopy/ Walkway and Access Ramps
PP/2012/2446 - Grant with Conditions - 02.08.2012
Use of wooded area to South as part of school curtilage, erection of 3 buildings formed from containers for use as classrooms with canopy link between canopy extension linking the main school and
PP/2014/4977 - Deemed Consent Conditional - 19.12.2014
Construction of single storey timber block forming two classrooms with decking area between to the south of the existing school. (Departure application).
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Consultation
Public Consultation:
Four site notices were placed on Rowdell Road and Ealing Road/Kensington Road and a press notice was published on the 30.03.2018.
The consultation period expired 20.04.2018.
No responses have been received.
Internal Consultation:
Tree Services No objection subject to a condition requiring tree protection to be carried out in accordance with the submitted Tree Protection Plan and a contribution of £11,305 towards tree planting within 500m of the school.
Officer’s response: A condition has been recommended regarding tree protection and a contribution of £11,305 has been negotiated, agreed and contained within the Heads of Terms.
Regulatory Services No objection subject to conditions regarding external plant noise and contaminated land.
Officer’s response: A condition has been recommended regarding external plant noise and contaminated land.
Transport Services No objection subject to conditions regarding a construction management plan, a delivery and servicing plan, a school travel plan, cycle parking, disabled car parking and electric vehicle charging points and a contribution of £12,000 towards traffic calming and pedestrian/cycle safety improvements to Rowdell Road and Ealing Road/Kensington Road.
Officers Response: Conditions have been recommended regarding a Page 18 of 26
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construction management plan, a delivery and servicing plan, a school travel plan, cycle parking, disabled car parking and electric vehicle charging points.
A contribution of £12,000 has been negotiated, agreed and contained within the Heads of Terms.
Energy and Sustainability Officer No objection subject to conditions regarding BREEAM, low NOx boilers, overheating and cooling, sustainable design and construction and an Energy Strategy and a contribution of £2,136 for post-construction energy monitoring.
Officer’s response: Planning conditions have been recommended requiring BREEAM, low NOx boilers, overheating and cooling, sustainable design and construction and an Energy Strategy.
A contribution of £2,136 has been negotiated, agreed and contained within the Heads of Terms.
External Consultation:
Greater London Authority No objection and stated no stage II referral (consultation) required.
Historic England (GLAAS) No objection subject to a condition regarding a Written Scheme of Investigation.
Officer’s response: A planning condition has been recommended regarding a WSI.
Lead Local Flood Authority No objection.
Designing out Crime Officer No objection.
London Fire and Emergency No objection. Planning Authority
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Reasoned Justification
Principle:
The principle of development should be considered in the context of the provision of an improved educational facility located on land designated as Green Belt.
Paragraph 72 of the NPPF states “the Government attaches great importance to ensuring that a sufficient choice of school places is available to meet the needs of existing and new communities” and that Local Authorities should give “great weight to the need to create, expand or alter schools”. Paragraph 95 of the Draft NPPF states “it is important that a sufficient choice of school places is available to meet the needs of existing and new communities. Local planning authorities should take a proactive, positive and collaborative approach to meeting this requirement”. Policy 3.18 of the London Plan supports the provision of new educational facilities which would enhance education and skills provision. This is reinforced by the Draft London Plan which aims to ensure there is a sufficient supply of good quality education and childcare facilities to meet demand and offer educational choice.
The provision of 25 additional pupil places in a redevelopment that meets current building and school space standards would be in accordance with Paragraph 72 of the NPPF, Paragraph 95 of the Draft NPPF, Policy 3.18 of the London Plan and Policy S3 of the Draft London Plan.
Policy 7.16 in the London Plan and Policy 5.1 in the Ealing Development (Core) Strategy seek to protect Green Belt from development and maintain its openness, stating that the strongest protection should be given to London’s Green Belt and that inappropriate development not necessary to maintaining the open character and function should be refused, unless very special circumstances can be demonstrated. Policy 2.18 of Ealing’s Development Management DPD reinforces these polices and states, only development that is ancillary to the open space should be permitted and development should have a minimal impact on visual openness of the space.
The school redevelopment would not be ancillary to the function of the Green Belt. However, the pressing need for additional SEN places in Ealing and no suitable alternative sites being available to meet this need are considered acceptable “very special circumstances” to justify this development on Green Belt. Please refer to the appendix 1 and 2 of the Planning Statement (dated May 2018) where it is stated that statutory notices have been approved for this proposed expansion to assist the Council meet its statutory duty to provide the 45 additional secondary SEN spaces required in Ealing for 2018/2019.
The development would be located on previously developed land and would result in a significant 15% reduction in building footprint and only a minor increase in floor area of 30 sq. m. (<1% overall floor area increase). The Page 20 of 26
Page 38 of 134 Planning Committee 23/05/18 Schedule Item 01 submitted quantitative and qualitative (Landscape and Visual Impact Assessment) assessments demonstrate there would be a slight but acceptable impact upon the openness of the Green Belt.
The principle of the proposed school development on Green Belt is considered acceptable.
Design and Appearance:
Policies 7.4 and 7.6 of the London Plan and policies 7.4 and 7B of the Ealing Development Management DPD require development to be considered in terms of local character, architecture and design amenity.
The consolidation of the school development by demolishing various single- storey structures and re-providing a slightly enlarged floor space (30 sq. m. increase) in a part single and part two-storey extension along the north and east boundaries is acceptable, as the building location would provide an improved secure line (i.e. public space to the front and private space to the rear), would provide an improved central play area to the rear of the school and would respect the existing building line of the school and adjoining site.
The height of the proposal would be four metres taller than the existing tallest point onsite but would appear in keeping with the character of the area which predominantly consists of two to three-storey residential and leisure properties. This has been demonstrated in the submitted Landscape and Visual Impact Assessment which contains verified views of the proposal.
Given the prominence of brick in the surrounding area, the proposed use of two contrasting red bricks (light and dark) is considered acceptable. The proposed recessed and protruding brick detailing and recessed windows (approximately 160mm-250mm in depth) would provide an attractive and acceptable use of articulation that would assist in breaking up the mass and bulk of the building. The proposed standing seam zinc roof would be in keeping with the existing hall roof, while the 200 sq. m. of extensive green roof would provide an attractive outlook from the proposed extension.
The taller and protruding element to the north of the proposal would provide a more legible and appealing main entrance to the school compared to the existing building.
The proposal of relatively large windows to the front (north) of the extension would ensure acceptable levels of passive surveillance of the street and school entrance would be achieved.
The PV panels and mechanical roof plant is proposed to be sensitively located and screened by the brick parapet and streel louvres to minimise the visual impact. Page 21 of 26
Page 39 of 134 Planning Committee 23/05/18 Schedule Item 01
In addition to the building extension, the proposal includes a sprinkler tank and pump house towards the east of the site that would be screened by a hit and miss timber enclosure that would have a height of 2.5m. Similar timber screening is proposed to the refuse area to the north of the site. The proposed enclosures are appropriately designed to respect the design and appearance of the site.
It is considered that the proposal would be in accordance with Policies 7.4 and 7.6 of the London Plan and Policies 7.4 and 7B of the Ealing Development Management DPD.
Impact upon Amenity of Neighbouring Properties:
Policy 7.6 of the London Plan requires new development not to cause unacceptable harm to the amenity of surrounding land and buildings (particularly residential buildings) in relation to privacy and overshadowing. Policies 7A and 7B of the Ealing Development Management DPD seeks to ameliorate harmful emissions, including noise, light and odour which may harm the surrounding area, avoid inappropriate overlooking and requires development to have regard to its visual impact.
The proposed building would be set back 6-15 metres from the east site boundary and would be 22m from the nearest neighbouring property, ‘Puregym’. Of note, the west facing elevation of the adjacent two-storey gym does not contain any windows. The proposal would not impact the amenity of this neighbouring site due to the proposed building setback, the separation distance, the scale of the relatively modest two-storey proposal and the lack of windows on the neighbouring property’s west facing elevation.
The nearest residential property to the proposed extension would be Westway Court, which is three-storeys in height and located approximately 120m to the west of the proposal. The proposal would not unduly impact the amenity of these residential units due to the significant separation distance, location of mature trees along the school’s western boundary and the relatively modest scale of the two-storey extension.
A woodland and the A40/Western Avenue is located to the south of the site and Belvue Park is located to the north of the site. The proposed development would not impact on the amenity of these areas due to its proposed height, scale and location.
Owing to the size, height and location of the proposal, it is considered that the scheme would not impact on the amenity of surrounding residential properties in terms of privacy, overshadowing or disturbance due to noise, odour or light. The proposal would comply with Policy 7.6 of the London Plan and Policies 7A and 7B of the Ealing Development Management DPD.
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Page 40 of 134 Planning Committee 23/05/18 Schedule Item 01
Transport:
Policies 6.1, 6.3, 6.9, 6.10, 6.11, 6.12, 6.13 and 6.14 of the London Plan, Policy 6.13 of Ealing’s Development Management DPD and Ealing’s Sustainable Transport for New Development SPD require developments to be assessed on the effects it would have on the transport capacity, traffic flow and congestion. These policies also require developments to provide secure, integrated, convenient and accessible cycle facilities and appropriate levels of car parking, including disabled car parking and electric vehicle charging points.
The site has a Public Transport Accessibility Level ranging from 1b to 3 (0 representing the least accessible locations and 6b representing excellent accessibility) and is serviced by Northolt Tube Station, served by the Central Line and the 90, 120, 140, 282, 395 and E10 bus routes. The school is not in an Ealing Council Controlled Parking Zone; however, Ealing Road/Kensington Road is largely restricted by double yellow lines and school keep clear markings are located on Rowdell Road.
The Transport Statement (dated May 2018) describes the site has having capacity to accommodate 17 parked cars onsite. Notwithstanding this, there are currently 12 formal/lined staff car parking spaces onsite (including one disabled space and two mini-bus spaces). The proposal seeks to increase the formal/lined car parking provision by five spaces to bring the total formal parking provision to 17 spaces. Seven spaces (including one disabled bay) would be located to the north of the site, while 10 spaces (including two minibus spaces) would be located to the west. There are no alterations proposed to the site access arrangements. Transport Services consider this acceptable, however, three active and three passive electric vehicle charging points must be installed to accord with London Plan Policy 6.13.
There is currently no cycle parking provision onsite but it is proposed to install 16 sheltered and secure bicycle parking stands to the west of the site. This would exceed the four spaces required by the London Plan. Notably, two spaces would allow for larger modified cycles, addressing the SEN school requirements.
Transport Services raise no objection subject to conditions regarding an interim school travel plan, a TfL STARS accredited school travel plan, a service and delivery plan (including minibuses), a construction management plan, cycle parking, disabled parking and electric vehicle charging points. Transport Services also require an internal transfer of £12,000 towards traffic calming and pedestrian safety improvements adjoining the school i.e. removal of pavement parking on Rowdell Road and double yellow lines on one side (lines, traffic order, signs and posts and statutory consultation), resurfacing of pavements, speed survey for Kensington Road, speed bump/s and alterations to pedestrian barrier.
Subject to conditions and an internal transfer of £12,000; the proposal would not be considered to raise any adverse road safety concerns, nor would it be Page 23 of 26
Page 41 of 134 Planning Committee 23/05/18 Schedule Item 01 considered to have a detrimental impact on the surrounding road network. The proposal would therefore be in accordance with Policies 6.1, 6.3, 6.9, 6.10, 6.11, 6.12, 6.13 and 6.14 of the London Plan, Policy 6.13 of Ealing’s Development Management DPD and Ealing’s Sustainable Transport for New Development SPD.
Energy and Sustainability:
Policies 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan require developments of this scale and nature to be designed sustainably, for the development to follow the ‘lean, clean, green’ approach, to incorporate measures to reduce the level of carbon dioxide emissions.
The applicant is proposing the use PV panels and ultra-low NOx gas boilers to reduce carbon dioxide emissions at the school. The submitted BREEAM Pre- Assessment report targets a BREEAM rating of ‘very good’.
The Council’s Energy and Sustainability Officer has no objection to the proposal subject to a financial contribution of £2,136 for post construction renewable energy monitoring and conditions regarding BREEAM, low NOx boilers, overheating and cooling, sustainable design and construction and an Energy Strategy.
Subject to conditions regarding BREEAM, low NOx boilers, overheating and cooling, sustainable design and construction and an Energy Strategy and a contribution of £2,136 being received by the Council for energy monitoring, the proposal would be in accordance with Policies 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan.
Flood Risk and Drainage:
Policy 5.12 of the London Plan require developments to remain safe and operational under flood conditions, while Policy 5.13 states developments should demonstrate consideration of the drainage hierarchy, aim to achieve greenfield run-off rates and ensure that surface water run-off is managed as close to its source as possible.
The application site is within Flood Zone 1, meaning it has less than 1 in 1,000 annual probability of river or sea flooding. The site is not within a Critical Drainage Area but there are surface water flooding issues onsite, with the east part of the site within the one in 30-year (or greater) surface water flood extent.
The proposed drainage discharge rate has been restricted to provide a minimum of 40% betterment for the total site, while 50% betterment would be achieved for the area of proposed development. The micro drainage result show that the proposed drainage strategy is adequate for the critical 100 year with 40% climate change allowance. Page 24 of 26
Page 42 of 134 Planning Committee 23/05/18 Schedule Item 01
The Drainage Strategy (dated February 2018) and Drainage Assessment Form (dated 02/02/2018) have been reviewed by the Lead Local Flood Authority, that confirmed they have no flood risk or drainage concerns or objections to the proposal.
The proposal would be in accordance with Policies 5.12 and 5.13 of the London Plan.
Trees and Landscaping:
Policies 5.10 and 7.21 of the London Plan require new developments to retain trees of value and integrate green infrastructure such as tree planting. Any loss of trees resulting from development should be replaced following the principle of “right place, right tree” (A Tree and Woodland Framework for London, 2005). Policy 5.10 of Ealing’s Development Management DPD states where trees are proposed to be removed, re-planting is required based on no net loss of amenity. While the extent and location of the planting need not necessarily be the same afterward as it was before development, the quality and type of amenity offered (based on CAVAT value) should at least be the same, if not better.
19 trees are proposed for removal (T0120, group G0121, group G0122, T0123, T0124, T0125, T0126, T0127, T0140, T0152, T0153, T0160, T0165) with no replacement planting proposed. Two of these trees are classed as category U trees (dead, diseased, dying or dangerous), while the remainder are category C trees (low quality). Some replacement planting was proposed to the sites woodland but this was not considered acceptable by the Council’s Tree Services due to the denseness of existing planting. Tree Services have assessed the trees proposed for removal as having a CAVAT value of £11,305 and have raised no objection to the proposal subject to the payment of this sum (which would equate to approximately 28 new trees) to carry out offsite tree planting within 500m of the school to offset the loss of onsite trees.
Subject to the contribution of £11,305 being received by the Council to carry out replacement tree planting within the vicinity of the site, the proposal would be in accordance with Policies 5.10 and 7.21 of the London Plan and Policy 5.10 of Ealing’s Development Management DPD.
CIL
This development would not be liable to contribute towards the Mayor’s Community Infrastructure Levy as education schemes are exempt.
Conclusion
The proposal is considered acceptable with regard principle, design and appearance, impact upon the amenity of neighbouring properties, transport, energy and sustainability, flood risk and drainage and trees and landscaping. Page 25 of 26
Page 43 of 134 Planning Committee 23/05/18 Schedule Item 01
Human Rights Act
In making your decision, you should be aware of and consider any implications that may arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as the London Borough of Ealing to act in a manner, which is incompatible with the European Convention on Human Rights.
You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation for approval of the grant of permission in this case interferes with residents’ right to respect for their private and family life, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case, the rights of the applicant). The Council is also permitted to control the use of property in accordance with the general interest and the recommendation for approval is a proportionate response to the submitted application based on the considerations set out in this report.
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Page 44 of 134 ITEM 02 - Ealing Hammersmith And West London College Gunnersbury Lane Acton W3 8U
Phase 1
Phase 2
© Crown copyright and database rights 2015 OS LA0100019807 Page 10 May 452018 of 134 1:1250
Page 46 of 134 Planning Committee 23/05/2018 Schedule Item 02
Ref : 180224FUL
Address: Ealing Hammersmith And West London College, Gunnersbury Lane, Acton, London, W3 8UX.
Ward: South Acton
Proposal: Construction of part single, part two and part three-storey secondary school (Use Class D1) and associated alterations to Gunnersbury Lane footpath to accommodate one disabled car parking bay, installation of cycle and refuse storage; single-storey substation; single-storey temporary school kitchen and temporary boiler.
Drawing numbers: Energy Strategy-Sustainability-Rev-08, prepared by Hoare Lea, dated 10.05.2018; Air Quality-Rev- 3, prepared by Hoare Lea, dated 13/12/2017; Transport Assessment-Rev-A, Document Reference: 5217/015/R05A, prepared by Robert West, dated 15/01/17; Acoustics-Rev-01, prepared by Hoare Lea, dated 15/12/2017; Arboricultural Method Statement, prepared by Arbtech Consulting Limited, dated 29/06/2017; BS5837:2012 Tree Survey, prepared by Arbtech Consulting Limited, dated 21/06/2017; Trees in relation to design, demolition and construction- Recommendations Tree Survey, prepared by Arbtech Consulting Limited, dated 22/06/2017; Interim School Travel Plan-Rev-B, prepared by Robert West, dated 15/01/2018; Statement of Community Involvement, prepared by London Communications Agency, dated 16/01/18; Heritage Statement: Phase 1 proposals, prepared by Jones Lang LaSalle, dated January 2018; An Archaeological Desk-Based Assessment, GLHER Ref. 13365, prepared by Archaeological Solutions LTD, dated 14 July 2017; BREEAM New Construction 2014 Land Use and Ecology Assessment, ref: 857203, prepared by RSK, dated July 2017; Primary Ecological Appraisal Report, ref:857203, prepared by RSK, dated August 2017; BRUKL Output Document-Green, dated 15.12.17; BRUKL Output Document-Lean, dated 15.12.17; FS0386-AIN-EB-DR-A-400-Rev-P01; FS0386-AIN- Page 1 of 29
Page 47 of 134 Planning Committee 23/05/2018 Schedule Item 02
EB-DR-A-401-Rev-P01; FS0386-AIN-EB-DR-A- 502-Rev; FS0386-AIN-EB-DR-A-210-Rev-P01; Design and Access Statement-Version-2.0, Project Ref: FS0386, prepared by architecture initiative, dated 16/01/18; FS0386-AIN-EB-DR-A- 201-Rev-P01; FS0386-AIN-EB-DR-A-200-Rev- P01; FS0386-AIN-EB-DR-A-520-Rev-P01; FS0386-AIN-EB-DR-A-001; FS0386-AIN-EB-DR- A-002; FS0386-AIN-EB-DR-A-700; FS0386-AIN- EB-DR-A-500; FS0386-AIN-EB-DR-A-211; FS0386-AIN-EB-DR-A-040; FS0386-AIN-EB-DR- A-024; FS0386-AIN-EB-DR-A-023; FS0386-AIN- EB-DR-A-022; FS0386-AIN-EB-DR-A-021; FS0386-AIN-EB-DR-A-020; Planning Statement Phase 1, prepared by Jones Lang LaSalle, dated January 2018; Arbtech TCP 01; Arbtech TPP 01 CON; Arbtech AIA 01
Type of Application: Full Application
Application Valid: 12.02.2018
Report by Alan Corcoran
Recommendation: Grant full planning permission subject to conditions, Section 106 Legal Agreement and Section 278 Agreement.
Executive Summary
The application site is a vacant brownfield site located to the north-east of Gunnersbury Lane. It is located within Acton Town Centre, an Archaeological Interest Area and is designated within Ealing’s Planning for Schools DPD as a suitable and deliverable 6FE secondary school to meet the Council’s recognised and pressing educational needs.
The application consists of Phase 1 of a two-phase development, with Phase 2 being subject to a separate planning application (planning ref: 181990FUL) covering the remainder of the Hammersmith and West London College site, adjoined to the east of the application site. Phase 2 is intended to be presented to Planning Committee in September 2018.
The proposal consists of a 2,000 sq. m. part single, part two and part three-storey secondary school (Use Class D1) to accommodate 180 pupils and 36 Full Time Equivalent (FTE) staff. The proposal also includes an ancillary single-storey substation and single-storey temporary school kitchen and temporary boiler. The
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Page 48 of 134 Planning Committee 23/05/2018 Schedule Item 02 temporary structures are intended for removal upon first use of Phase 2 with their removal conditioned.
The principle of the school development is acceptable as the site is designated for school use within Ealing’s adopted Planning for Schools DPD to accommodate a school of this capacity.
The Mill Hill Residents Association and two residents from Mill Hill have made representations to the Council which are broadly supportive of the proposal but raised concerns regarding the proposed construction traffic route. Concerns were also raised regarding Phase 2 (construction traffic, general traffic, parking, noise and community use) which is outside of the red line boundary of this planning application.
The application has been assessed in terms of the principle, character and appearance, residential amenity, transport, noise and air quality, energy and sustainability, flood risk and drainage and landscaping and trees. It is considered that the proposal would be consistent with the aims of the relevant policies of the National Planning Policy Framework, The London Plan, Ealing’s Development (Core) Strategy, Development Management DPD and Planning for Schools DPD.
It is recommended that planning permission should be approved subject to conditions, a Section 106 Legal Agreement and Section 278.
Section 106
- carbon offset clause; - provision of inset disabled car parking space on Gunnersbury Lane;
And the following financial contributions:
- £25,000 towards a school safety zone (school keep clear markings, school signs and surface treatment) to be provided by the Council’s Transport Service; - £40,000 towards a pedestrian crossing on Gunnersbury Lane to facilitate crossing from the school entrance to the bus stop to be provided by the Council’s Transport Service; - £3,610 for post-construction energy monitoring by the Council’s service provider, Energence Ltd.
Conditions
Time Limit – 3 years
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
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Page 49 of 134 Planning Committee 23/05/2018 Schedule Item 02
Reason: To comply with the provisions of the Town and Country Planning Act 1990 (as amended).
Approved Plans
2. The development hereby permitted shall be carried out in accordance with the following approved documents and plans:
Energy Strategy-Sustainability-Rev-08, prepared by Hoare Lea, dated 10.05.2018; Air Quality-Rev-3, prepared by Hoare Lea, dated 13/12/2017; Transport Assessment-Rev-A, Document Reference: 5217/015/R05A, prepared by Robert West, dated 15/01/17; Acoustics-Rev-01, prepared by Hoare Lea, dated 15/12/2017; Arboricultural Method Statement, prepared by Arbtech Consulting Limited, dated 29/06/2017; BS5837:2012 Tree Survey, prepared by Arbtech Consulting Limited, dated 21/06/2017; Trees in relation to design, demolition and construction-Recommendations Tree Survey, prepared by Arbtech Consulting Limited, dated 22/06/2017; Interim School Travel Plan-Rev-B, prepared by Robert West, dated 15/01/2018; Statement of Community Involvement, prepared by London Communications Agency, dated 16/01/18; Heritage Statement: Phase 1 proposals, prepared by Jones Lang LaSalle, dated January 2018; An Archaeological Desk-Based Assessment, GLHER Ref. 13365, prepared by Archaeological Solutions LTD, dated 14 July 2017; BREEAM New Construction 2014 Land Use and Ecology Assessment, ref: 857203, prepared by RSK, dated July 2017; Primary Ecological Appraisal Report, ref:857203, prepared by RSK, dated August 2017; BRUKL Output Document-Green, dated 15.12.17; BRUKL Output Document-Lean, dated 15.12.17; FS0386-AIN-EB-DR- A-400-Rev-P01; FS0386-AIN-EB-DR-A-401-Rev-P01; FS0386-AIN-EB-DR-A- 502-Rev; FS0386-AIN-EB-DR-A-210-Rev-P01; Design and Access Statement- Version-2.0, Project Ref: FS0386, prepared by architecture initiative, dated 16/01/18; FS0386-AIN-EB-DR-A-201-Rev-P01; FS0386-AIN-EB-DR-A-200-Rev- P01; FS0386-AIN-EB-DR-A-520-Rev-P01; FS0386-AIN-EB-DR-A-001; FS0386- AIN-EB-DR-A-002; FS0386-AIN-EB-DR-A-700; FS0386-AIN-EB-DR-A-500; FS0386-AIN-EB-DR-A-211; FS0386-AIN-EB-DR-A-040; FS0386-AIN-EB-DR-A- 024; FS0386-AIN-EB-DR-A-023; FS0386-AIN-EB-DR-A-022; FS0386-AIN-EB- DR-A-021; FS0386-AIN-EB-DR-A-020; Planning Statement Phase 1, prepared by Jones Lang LaSalle, dated January 2018; Arbtech TCP 01; Arbtech TPP 01 CON; Arbtech AIA 01.
Reason: For the avoidance of doubt and in the interests of proper planning.
Sample of Materials
3. Notwithstanding the plans hereby approved, details of materials and finishes to be used for the external building surfaces and samples of the proposed bricks, mortar and cladding panels shall be submitted to and approved by the Local Planning Authority prior to the commencement of development (excluding ground
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Page 50 of 134 Planning Committee 23/05/2018 Schedule Item 02 works and site clearance). The development shall be carried out in accordance with these approved details and retained as such thereafter.
Reason: To ensure that the materials harmonise with the surroundings in accordance with Policies 7.1, 7.4 and 7.6 of the London Plan and Policy 7B of Ealing’s Development Management DPD.
Obscure Glazing
4. Prior to the first use of the development, all south facing windows (excluding ground floor windows) shall be obscure glazing. The obscure glazing shall be retained as such thereafter.
Reason: To safeguard privacy and amenity and avoid direct overlooking of the adjacent residential property and their garden in accordance with Policy 7.6 of the London Plan and Policy 7B of Ealing’s Development Management DPD.
Construction Management Plan
5. Prior to the commencement of development hereby approved (including initial site clearance and ground works), a Construction Management Plan shall be submitted to and approved by the Local Planning Authority. The plan shall include the following details:
1) on-site construction worker parking; 2) routes the traffic will use and the number, frequency and size of construction vehicles; 3) delivery times and locations; 4) vehicle manoeuvring including swept path diagrams to demonstrate how construction vehicles will access the site, turn into and emerge from the site in forward gear, including details of any temporary vehicle access points; 5) procedures for on-site contractors to deal with complaints from residents; 6) control measures for dust, noise, vibration, lighting; 7) undertaking for all ‘Non-Road Mobile Machinery’ (NRMM) to be used during the construction of the development to be registered on the NRMM register and meet the Stage IIIB emission criteria of Directive 97/68/EC.
Reason: In the interest of safety and to protect residential amenity in accordance with Policies 5.3, 6.14, 7.14 and 7.15 of the London Plan and Policy 7A of Ealing’s Development Management DPD.
Cycle Parking
6. 44 cycle parking spaces shall be installed prior to the first use of the development hereby permitted in accordance with the approved plan reference: FS0386-AIN-EB-DR-A-210-Rev-P01 and shall thereafter permanently be retained. Page 5 of 29
Page 51 of 134 Planning Committee 23/05/2018 Schedule Item 02
Reason: To ensure adequate cycle parking is provided to encourage the use of sustainable modes of transport in accordance with Policy 6.9 of the London Plan and Ealing’s Supplementary Planning Document ‘Sustainable Transport for New Development’.
Disabled Car Parking
7. One disabled car parking space shall be provided on Gunnersbury Lane prior to the first use of the development hereby approved and shall be retained as such thereafter.
Reason: To ensure adequate disabled car parking and vehicle charging points are provided in accordance with Policy 6.13 of the London Plan.
School Travel Plan
8. The school shall achieve at least a TfL bronze STARS accreditation within one year of the first use of the development hereby approved. The minimum of a TfL bronze STARS accreditation shall be maintained for the duration of the school use.
Reason: To promote the use of sustainable modes of transport and minimise traffic and parking congestion on neighbouring streets in accordance with the Ealing’s SPD - Sustainable Transport for New Development and Policy 1.1 of Ealing’s Development (Core) Strategy.
Service and Delivery Plan
9. Prior to the first use of the development hereby permitted, a Delivery and Servicing Plan shall be submitted to and approved by the Local Planning Authority. Details shall include hours of use, times and frequency of activities, deliveries and collections, vehicle movements, silent reversing methods, location of loading bays, quiet loading/unloading measures and use of service yard. The approved plan shall be adhered to permanently thereafter.
Reason: To minimise the impact on residential amenity in accordance with Policies 6.14, 7.14 and 7.15 of the London Plan and Policy 7A of Ealing’s Development Management DPD.
Tree Planting
10. Prior to the commencement of development (excluding initial site clearance and ground works) a suitable scheme of proposed tree planting and tree pits shall be submitted to and approved by the Local Planning Authority. The scheme shall include the following comprehensive details of all trees to be planted:
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Page 52 of 134 Planning Committee 23/05/2018 Schedule Item 02
- Full planting specification - tree size, species, the numbers of trees and any changes from the original application proposals. - Locations of all proposed species. - Comprehensive details of ground/tree pit preparation to include: - Plans detailing adequate soil volume provision to allow the tree to grow to maturity - Engineering solutions to demonstrate the tree will not interfere with structures (e.g. root barriers/deflectors) in the future - Staking/tying method(s). - Five-year post planting maintenance and inspection schedule.
All tree planting must be carried out in full accordance with the approved scheme in the nearest planting season (1st October to 28th February inclusive). The quality of all approved tree planting should be carried out to the levels detailed in British Standard 8545, Trees: from nursery to independence in the landscape - Recommendations.
Any trees which die, are removed, uprooted, significantly damaged, become diseased or malformed within five years from the completion of planting, must be replaced during the nearest planting season (1st October to 31st March inclusive) with a tree/s of the same size, species and quality as previously approved.
Reason: To contribute to the quality and character of London’s environment, air quality and adapting to and mitigating climate change in accordance with Policies 5.10 and 7.21 of the London Plan, Policy 5.10 of Ealing’s Development Management DPD and Ealing’s SPG 9 - Trees and Development Guidelines.
External Plant
11. The external sound level LAeq emitted from plant, machinery/equipment shall be lower than the lowest existing background sound level LA90 by at least 5 dBA in accordance with BS4142:2014 at the nearest and/or most affected noise sensitive premises, with all machinery/equipment operating together at maximum capacity. Plant noise mitigation measures shall be implemented prior to the first use of plant/machinery/equipment and permanently retained thereafter.
Reason: To safeguard residential amenity in accordance with Policy 7.15 of the London Plan, Policy 1.1 of Ealing’s Development (Core) Strategy, Policy 7A of Ealing’s Development Management DPD and Ealing’s SPG 10 - 'Noise and Vibration'.
Anti- vibration mounts and silencing of machinery etc.
12. Prior to first use of the development, anti-vibration measures shall be installed to ensure that machinery, plant/equipment, extract/ventilation systems and ducting are mounted with proprietary anti-vibration isolators and fan motors
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Page 53 of 134 Planning Committee 23/05/2018 Schedule Item 02 are vibration isolated from the casing and adequately silenced. The anti- vibration measures shall permanently be retained thereafter.
Reason: To safeguard residential amenity in accordance with Policy 7.15 of the London Plan, Policy 1.1 of Ealing’s Development (Core) Strategy, Policy 7A of Ealing’s Development Management DPD and Ealing’s SPG 10 - 'Noise and Vibration'.
Sound Insulation of school building envelope
13. Prior to first use of the development, the building envelope shall be sufficiently insulated to ensure that noise from uses and activities are contained within the building and does not exceed the criteria of BS8233:2014 at neighbouring noise sensitive/habitable rooms and private external amenity spaces. This standard shall thereafter be permanently retained.
Reason: To safeguard residential amenity in accordance with Policy 7.15 of the London Plan, Policy 1.1 of Ealing’s Development (Core) Strategy, Policy 7A of Ealing’s Development Management DPD and Ealing’s SPG 10 - 'Noise and Vibration'.
Temporary School Kitchen
14. (a) Prior to the installation of the temporary kitchen, details of the external appearance shall be submitted to and approved by the Local Planning Authority.
(b) The use of the temporary kitchen shall not commence until all external doors to the temporary kitchen have been fitted with self-closing devices which shall be maintained in an operational condition. At no time shall any external door or windows be fixed in an open position. Alternative means of ventilation shall be provided as necessary.
(c) The temporary kitchen shall be permitted for a limited period, from the date of this planning permission until May 2021, when the kitchen shall be removed from the site.
Reason: To protect residential amenity in accordance with Policy 7.15 of the London Plan, Policy 7A of Ealing’s Development Management DPD and Ealing’s SPG 10 – Noise and Vibration.
Temporary Boiler
15. The temporary boiler shall be permitted for a limited period, from the date of this planning permission until May 2021, when the boiler shall be removed from the site.
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Reason: To protect residential amenity in accordance with Policy 7.15 of the London Plan, Policy 7A of Ealing’s Development Management DPD and Ealing’s SPG 10 – Noise and Vibration.
External Lighting
16. Prior to first use of the development hereby approved, details of external artificial lighting shall be submitted to and approved by the Local Planning Authority. Details shall include measures to minimise use of lighting and prevent glare and sky glow by correctly using, locating, aiming and shielding luminaires. Lighting contours shall demonstrate that the vertical illumination of any nearby premises is in accordance with the recommendations of the Institution of Lighting Professionals in the ‘Guidance Notes for The Reduction of Light Pollution 2011’. Approved details shall be implemented prior to first use of the development and shall thereafter permanently be retained.
Reason: To safeguard amenity in accordance with Policy 7A of Ealing’s Development Management DPD.
Community Use Agreement
17. Prior to first use of development hereby permitted a Community Use Agreement shall be submitted to and approved by the Local Planning Authority. The approved Community Use Agreement shall thereafter be adhered to.
Reason: To maximise the extended or multiple use of the educational facility for community use in accordance with Policy 3.16 and 3.18 of the London Plan.
Hours of Use
18. The use of the site by the school (D1 Use Class) and any ancillary community use shall cease between 22:00 and 07:00 hours Monday to Sunday inclusive.
Reason: To safeguard the amenities of residents in accordance with Policy 7.15 of the London Plan and Policy 7A of the adopted Ealing Development Management DPD.
BREEAM
19. The approved development (Phase 1) shall be registered with Building Research Establishment (BRE) and achieve a minimum BREEAM ‘Very Good’ rating based on the latest BREEAM NC Technical guidance.
(a) Within three months of commencement of development, an Interim BREEAM NC Assessment and related Certification verified by the BRE shall be submitted to and approved by the Local Planning Authority. Page 9 of 29
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(b) Within three months of first use of the approved development, a BREEAM 'Post Construction Stage' Assessment (including remodelled school building and caretaker dwelling) and related Certification for the new school building verified by the BRE shall be submitted to and approved by the Local Planning Authority.
The approved measures shall be retained in working order in perpetuity.
Reason: In the interest of addressing climate change and to secure sustainable development in accordance with policies 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan (2016), policies 1.1(k) and 1.2(f) of Ealing’s Development (Core) Strategy (2012) and policies 5.2 and 7A of Ealing’s Development Management DPD (2013).
Overheating and Cooling
20. Prior to the commencement of the approved development (excluding ground works and site clearance), details of the dynamic thermal modelling in accordance with CIBSE TM49 & TM52 shall be submitted to and approved by the Local Planning Authority. The approved measures shall be installed prior to first use and shall permanently be retained thereafter.
Reason: To ensure that the development is energy efficient, minimises overheating risk and improves ventilation and daylighting in accordance with Policy 5.2, 5.3 and 5.9 of the London Plan.
Energy Strategy
21. (a) Within three-months of the practical completion of the approved development (Phase 1), the following details shall be submitted to and approved by the Local Planning Authority:
- Energy Performance Certificates and detailed modelling output reports containing the BER/TER from the “as built stage” to confirm compliance with savings achieved through energy efficiency measure; - Evidence that the renewable/low carbon technology is certified under the Microgeneration Certification Scheme (MSC) and, if appropriate, complies with the Enhanced Capital Allowances (ECS) product criteria.
(b) Prior to the completion of the development (Phase 1), the approved building shall incorporate and maintain measures to achieve an overall reduction in regulated CO2 emissions of at least 44.44% (equal to 12 tonnesCO2/yr) beyond Building Regulations Part L 2013 through the following carbon emission savings as detailed in the approved Energy Strategy (prepared by Hoare Lea, dated 10.05.2018):
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1. energy saving measures and energy efficient gas boilers to provide space heating and hot water to achieve at least annual carbon dioxide emission savings of 1 tonnes CO2 equating to 4% in regulated carbon dioxide (CO2) emissions over the compliant BR Part L 2013 base case.
2. Installation of solar photovoltaic system with a total panel area of approximately 160 sq. m. and capacity of at least 25kWp to supply at least 21MWh of electricity annually for the development (Phase 1) and achieve at least an annual carbon dioxide emission savings of 10.9 tonnes CO2 equating to at least 42% in regulated carbon dioxide (CO2) emissions over the Be Lean case of the Energy Hierarchy.
(c) Measures to reduce the carbon dioxide emissions associated with other energy uses not covered by Building Regulations (un-regulated) should be incorporated prior to first use and permanently retained thereafter.
Reason: To ensure the development is energy efficient, to reduce greenhouse gases emissions and to minimise the impact of building emissions on local air quality in accordance with Policies 3.2, 5.3, 5.5, 5.6 and 7.14 of the London Plan, the Mayor’s Sustainable Design and Construction SPG, Policies 1.1 and 1.2 of Ealing’s Development (or Core) Strategy and Policies 5.2 and 7A of Ealing’s Development Management DPD.
Low NOx Gas Boilers Dry NOx Emission
22. Prior to the first use of the development (Phase 1), the approved building shall incorporate and maintain ultra-low NOx gas boiler(s) for the provision of the space heating and hot water requirements with dry NOx Emissions below 30 mg/kWh.
Reason: To minimise the impact of building emissions on local air quality in accordance with Policies 3.2 and 7.14 of the London Plan, the Mayor’s Sustainable Design and Construction SPG and Policy 7A of Ealing’s Development Management DPD.
Energy Centre/Temporary Plant Rooms–District Heating
23. Prior to first use of the approved development (Phase 1), the following details should be submitted to and approved by the Local Planning Authority:
a) details of the plant room(s) in Phase 1, including their size, layout and location, size of boilers and details of the flue; b) details of the floor plan showing the layout of the plant in the energy centre of Phase 1 and how it is designed to facilitate connection to an offsite heat network; Page 11 of 29
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c) demonstration of the installation of a point of external connection within the plant room of Phase 1 leading to the edge of the site.
The development shall be carried out in accordance with the approved details prior to first use and thereafter permanently retained.
Reason: To ensure Phase 1 allows for future connection to an offsite district heat network in the event Phase 2 is not developed in accordance with Policy 5.6 of the London Plan, the Mayor’s Sustainable Design and Construction SPG.
Archaeological Scheme of Investigation
24. (a) Prior to the commencement of development a Stage 1 written scheme of investigation (WSI) shall be submitted to and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved Stage 1 WSI.
(b) If heritage assets of archaeological interest are identified by Stage 1, for those parts of the site, a Stage 2 WSI shall be submitted to and approved by the Local Planning Authority. For land included within the Stage 2 WSI, development shall be carried out in accordance with the approved Stage 2 WSI which shall include:
- The statement of significance and research objectives, the programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works - The programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the stage 2 WSI.
Reason: To ensure any heritage assets found in the archaeological interest area are protected in accordance with Paragraph 141 of the NPPF, Policy 7.8 of the London Plan and Policy 7C of Ealing’s Development Management DPD.
Detailed Drainage Design
25. Prior to commencement of development detailed drainage designs and drainage assessment form shall be submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved drainage design.
Reason: To reduce flood risk in accordance with Principle 10 of the National Planning Policy Framework and Policies 5.12, 5.13 and 7.13 of the London Plan.
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Drainage Maintenance Plan
26. Prior to the first use of the development hereby approved, a maintenance plan/schedule for the proposed drainage system for the lifetime of the development shall be submitted to and approved by the Local Planning Authority.
Reason: To reduce flood risk in accordance with Principle 10 of the National Planning Policy Framework and policies 5.12, 5.13 and 7.13 of the London Plan.
Secure by Design
27. Prior to the first use of the development hereby approved, the scheme shall achieve Secure by Design accreditation.
Reason: To ensure the development includes measures to design out crime in accordance with Policy 7.13 of the London Plan and 7.3 of Ealing’s Development Management DPD.
Green Roof
28. The 375 sq. m. of extensive green roof shall be laid out in accordance with the details shown on the approved roof plan (ref: FS0386-AIN-EB-DR-A-211). The detailed design of the extensive roof shall incorporate the following: a) Be biodiversity based, with extensive substrate base varying in depth from 75mm to 150mm; b) Have sufficient depth of soil/growing medium for the relevant planting, including the re-use of any demolition material where feasible; c) Be planted/seeded with a mix of native species within the first planting season following the practical completion of the single-storey component. The seed mix shall be focused on wildflower planting and shall contain no more than 25% sedum; d) Have relevant efficient and effective drainage and irrigation to sustain the vegetation.
The extensive green roof shall be retained as such thereafter.
Reason: To ensure the development provides the maximum possible provision towards the creation of habitats and valuable areas for biodiversity in accordance with Policies 5.3, 5.10, 5.11, 5.12 and 7.19 of the London Plan, Policies 1.1, Greater London Authority, Living Roofs and Walls, Technical Report: Supporting London Plan Policy and 1.2 of Ealing’s Development (or Core) Strategy and Policies 5.10 and 5.11 of Ealing’s Development Management DPD.
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Restriction of Roof Access
29. No part of the roof shall be used as or altered to form a balcony, roof garden, roof terrace or similar amenity area.
Reason: To safeguard privacy and amenity and avoid direct overlooking of the adjacent residential properties and their gardens in accordance with Policy 7.6 of the London Plan and Policy 7B of Ealing’s Development Management DPD.
Informatives
1. The decision to grant planning permission has been taken having regard to the policies and proposals in the National Planning Policy Framework (2012), the Draft National Planning Policy Framework (2018), the London Plan with minor alterations (2016), the Draft London Plan (2017), the adopted Ealing Development (Core) Strategy (2012), the adopted Ealing Development Management DPD (2013) and to all relevant material considerations:
National Planning Policy Framework 4 Promoting Sustainable Transport 7 Requiring Good Design 8 Promoting Healthy Communities 10 Meeting the Challenge of Climate Change, Flooding and Coastal Change 12 Conserving and Enhancing the Historic Environment
Draft National Planning Policy Framework (2018) Paragraph 95 - Schools
London Plan with minor alterations (2016) 3.2 Improving Health and Addressing Health Inequalities 3.16 Protection and Enhancement of Social Infrastructure 3.18 Education Facilities 5.1 Climate Change Mitigation 5.2 Minimising Carbon Dioxide Emissions 5.3 Sustainable Design and Construction 5.4A Electricity and Gas Supply 5.5 Decentralised Energy Networks 5.6 Decentralised Energy in Development Proposals 5.7 Renewable Energy 5.9 Overheating and Cooling 5.10 Urban Greening 5.11 Green Roofs and Development Site Environs 5.12 Flood Risk Management 5.13 Sustainable Drainage 5.21 Contaminated Land 6.1 Strategic Approach 6.3 Assessing Effects of Development on Transport Capacity Page 14 of 29
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6.9 Cycling 6.10 Walking 6.11 Smoothing Traffic Flow and Tackling Congestion 6.13 Parking 6.14 Freight 7.1 Lifetime Neighbourhoods 7.2 An Inclusive Environment 7.3 Designing out Crime 7.4 Local Character 7.6 Architecture 7.8 Heritage Assets and Archaeology 7.13 Safety, Security and Resilience to Emergency 7.14 Improving Air Quality 7.15 Reducing and Managing Noise, Improving and Enhancing the Acoustic, Environment and Promoting Appropriate Soundscapes 8.2 Planning Obligations
Draft London Plan (2017) Policy S3 Education and Childcare Facilities
Supplementary London Plan Guidance - The control of dust and emissions during construction and demolition (July 2014) - Shaping Neighbourhoods: Character and Context (June 2014) - Accessible London: Achieving an Inclusive Environment (October 2014) - Sustainable Design and Construction (April 2014) - Energy Planning (March 2016) - London Sustainable Drainage Action Plan (December 2016) - SuDS in London - A Guide (November 2016) - London Cycling Design Standards with minor alterations (September 2016) - Construction Logistics Guidance (July 2017)
Adopted Ealing Development (Core) Strategy (2012) 1.1 Spatial Vision for Ealing 2026 1.2 Delivery of the Vision for Ealing 2026 5.2 Protect and Enhance Metropolitan Open Land 5.6 Outdoor Sports and Active Recreation 6.2 Social Infrastructure 6.3 Green Infrastructure 6.4 Planning Obligations and Legal Agreements
Adopted Ealing Development Management DPD (2013) 2.18 Green Infrastructure - The Network of Open and Green Spaces 5.2 Ealing Local Variation - Minimising Carbon Dioxide Emissions 5.12 Ealing Local Variation - Flood Risk Management 5.21 Ealing Local Variation - Contaminated Land 7A Ealing Local Variation - Amenity Page 15 of 29
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7.4 Ealing Local Variation - Local Character 7B Ealing Local Policy - Design Amenity 7C Ealing Local Policy - Heritage EA Ealing Local Policy - Presumption in Favour of Sustainable Development
Adopted Supplementary Planning Documents Adopted Planning for Schools DPD (2016) – Policy 2 Sustainable Transport for New Development (2013)
Draft Supplementary Planning Documents Legal Agreements, Planning Obligations and Planning Gain (2007)
Ealing’s Interim Supplementary Planning Guidance SPG 3 Air Quality SPG 4 Refuse and Recycling Facilities SPG 9 Trees and Development Guidelines SPG 10 Noise and Vibration SPD 9 Legal Agreements, Planning Obligations and Planning Gain
2. Construction and demolition works and associated activities at the development including deliveries, collections and staff arrivals audible beyond the boundary of the site should not be carried out other than between the hours of 0800 - 1800hrs Mondays to Fridays and 0800 - 1300hrs on Saturdays and at no other times, including Sundays and Public/Bank Holidays, unless otherwise agreed with the Environmental Health Officer.
3. At least 21 days prior to the commencement of any site works, all occupiers surrounding the site should be notified in writing of the nature and duration of works to be undertaken. The name and contact details of persons responsible for the site works should be signposted at the site and made available for enquiries and complaints for the entire duration of the works and updates of work should be provided regularly. Any complaints should be properly addressed as quickly as possible.
4. Best Practicable Means (BPM) should be used in controlling dust emissions, in accordance with the Supplementary Planning Guidance by the GLA (2014) for The Control of Dust and Emissions during Construction and Demolition.
5. No waste materials should be burnt on site of the development hereby approved.
6. Best Practicable Means (BPM) should be used during construction and demolition works, including low vibration methods and silenced equipment and machinery, control and monitoring measures of noise, vibration, delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary, in accordance with the Approved Codes of Practice of BS 5228-1:2009+A1:2014 Code of practice for noise and vibration control on Page 16 of 29
Page 62 of 134 Planning Committee 23/05/2018 Schedule Item 02 construction and open sites. Noise and BS 5228-2:2009+A1:2014 Code of practice for noise and vibration control on construction and open sites. Vibration
7. In respect of condition 6 (cycle parking), the detailed provision shall give consideration of guidance contained in the London Cycling Design Standards.
8. In respect of condition 16 (external lighting), luminaires shall be designed to reduce light pollution to nearby properties and road users and where applicable the recommendations of the following guidance shall be met: - ILP Guidance Notes for the reduction of Obtrusive Lighting 2011. -CIE Technical Report- Guide on the Limitation of the Effects of Obtrusive Light from Outdoor Lighting Installations - CIE 150: 2003. -Statutory Nuisance from Insects and Artificial Light by Department of Environment Food. Guidance on sections 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005, Defra.
Site Description
The 0.2ha site forms part of the wider Hammersmith and West London College Site. The site forms a polygon plot of land located to the north-east of Gunnersbury Lane.
It is currently a brownfield site following the recent demolition of a two-storey building and attached bridge formerly in use as the Hammersmith and West London College (use class D1) (refer to planning application reference: 178367PND). The College is rationalising its activities and the site was surplus to their operational requirements.
The application site and wider adjoined college site (to the east) is designated within Ealing’s Planning for Schools DPD as a suitable and deliverable education site for a new 6FE secondary school to meet the Council’s recognised and pressing educational needs across the borough.
The site is also designated within the Acton Town Centre and an Archaeological Interest Area.
The remainder of the Hammersmith and West London College comprises of a five to six storey college building and a two-storey workshop building over a 1.67ha site.
A public park (the Woodlands Recreation Ground) is located to the east of the site and contains a Grade II Statutorily Listed (Ice House) structure. A Grade II Statutorily Listed Methodist Church adjoins the site to the north, while a Locally Listed fire station is located to the west of the site. Notably, a terrace (13 buildings) of Grade II Listed buildings are located approximately 30m to the north-east of the site.
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The site is not located within a Conservation Area but Acton Town Centre Conservation Area immediately adjoins the site the north, while Mill Hill Park Conservation Area is approximately 100 metres to the south.
The site has a PTAL rating of 5 (0 representing the least accessible locations and 6b representing excellent accessibility) and can be accessed by pedestrians from Gunnersbury Lane.
The Proposal
Planning Permission is sought for the construction of part single, part two and part three-storey school building (use class D1). This building would broadly follow the footprint of the previous educational building that was onsite. The proposal would contain a drama studio, main hall, a library, staff offices and class rooms.
The proposal forms Phase 1 of two phase secondary school development. Phase 1 is intended to open in September 2019 to provide placements for 180 students and 36 Full Time Equivalent (FTE) members of staff.
For information, Phase 2 of the secondary school development is subject to a separate planning application (planning reference 181990FUL). Phases 1 and 2 form a new 6FE secondary school capable of accommodating 1,200 pupils, plus new residential units above the proposed three-storey main school building. The Phase 2 building is planned to open as a school in September 2020, following planned presentation to Planning Committee in September 2018 and subject to approval.
Phase 1 would remain in its proposed format if Phase 2 is granted Planning Permission and developed, except for the removal of the temporary kitchen and boiler and the installation of link structure between the two phases of school development.
The proposed Phase 1 building would have a floor area of approximately 2,000 sq. m. and would have a flat roof with a maximum height of 12 metres. The flat roofs would accommodate roof plant, including PV panels and 375 sq. m. of green roof surfacing. The building would be constructed primarily in brick and have polypropylene carbonate (PPC) and glass reinforced concrete cladding. There would also be a relatively large PPC brise soleil screen and glazed curtain wall element fronting the entrance courtyard on Gunnersbury Lane.
A single-storey (3.7 metres in height) flat roofed brick substation/plant building is proposed towards the east of the site, adjacent to the three-metre site boundary and neighbouring two-storey (eight metres in height) brick nursery building.
A temporary single-storey kitchen is proposed towards the east of the site. Detailed drawings of this temporary unit have been conditioned and it is required Page 18 of 29
Page 64 of 134 Planning Committee 23/05/2018 Schedule Item 02 to be removed within three years by condition. A temporary boiler is also proposed towards the east of the site and is also required for removal within three years. The temporary structures are required until Phase 2 is completed.
Boundary treatments would not exceed two-metres, except for the retention of a three-metre boundary wall with number 11a Gunnersbury Lane. The boundary treatments are acceptable as two-metre boundary walls fall within permitted development as defined by the General Permitted Development Order.
44 cycle spaces are proposed and one disabled car parking space would be provided in front of the school on Gunnersbury Lane.
The compulsory school day would operate from 08:00 to 16:30. Students are expected to use the school facilities and resources to support or extend their learning until 18:00.
Relevant Planning History
162514ADV – Refused - 03.08.2016
Installation of a non-illuminated digitally printed aluminium composite panel/vinyl graphics (Advertisement Consent).
178367PND – Prior Approval Required and Given - 28.02.2018
Demolition of two-storey building and attached bridge at Gunnersbury Lane entrance under Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015.
Consultation
Public Consultation:
Six site notices were placed on Gunnersbury Lane, Acton High Street, Crown Street and Mill Hill Road and a press notice was published on the 23.02.2018.
The consultation period expired 16.03.2018.
Three representations were submitted to the Council, including one from the Mill Hill Residents’ Association. These comments are broadly supportive but raised concerns primarily regarding Phase 2 (construction traffic, general traffic, parking noise and community use) which is outside of the redline boundary of this planning application and is subject to a separate application (181990FUL) that is expected to be presented to Planning Committee in September 2018.
The concern regarding Phase 1 was the use of Mill Hill Road as the primary construction route. Page 19 of 29
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The Council’s Transport Services have also raised this concern and a revised Construction Management Plan has been conditioned to avoid use of Mill Hill Road in favour of Woodlands Avenue.
Internal Consultation:
Education Services Support the proposal.
Tree Services No objection subject to a condition regarding tree planting and soil rooting volume condition.
Officers Response: A condition regarding tree planting and soil rooting volume has been recommended.
Regulatory Services No objection subject to conditions regarding sound insulation, anti- vibration mounts and silencing of machinery, construction management plan, external plant noise, delivery and service plan, external lighting, kitchen extract, closure of windows and doors and hours of use.
Officers Response: Conditions have been recommended regarding sound insulation, anti- vibration mounts and silencing of machinery, construction management plan, external plant noise, delivery and service plan, external lighting, kitchen extract, closure of windows and doors and hours of use.
Transport Services No objection subject to conditions regarding a construction management plan, a delivery and servicing plan, a school travel plan, cycle parking, disabled car parking and a contribution of £65,000 for a school safety zone and pedestrian crossing on Gunnersbury Lane.
Officers Response: Conditions have been recommended regarding construction management plan, a delivery and servicing plan, a Page 20 of 29
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school travel plan, cycle parking, disabled car parking.
A contribution of £65,000 has been negotiated, agreed and contained within the Heads of Terms.
Environmental Services (Refuse) No objection.
Energy and Sustainability Officer No objection subject to conditions regarding an ultra-low NOx gas boilers, Energy Strategy, overheating and cooling, sustainable design and construction, BREEAM, Energy Centre/temporary plant and a contribution of £3,610 for post- construction energy monitoring.
Officer’s response: Planning conditions have been recommended regarding ultra-low NOx gas boilers, Energy Strategy, overheating and cooling, sustainable design and construction, BREEAM, Energy Centre/temporary plant.
A contribution of £3,610 has been negotiated, agreed and contained within the Heads of Terms.
Active Ealing & Major Projects Team No objection subject to a condition regarding a Community Use Agreement pertaining to the use of the drama facility.
Officers Response: A condition has been recommended regarding a Community Use Agreement.
External Consultation:
London Fire and Emergency No comment. Planning Authority
Historic England (GLAAS) No objection subject to a condition regarding a Written Scheme of Investigation.
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Officer’s response: A planning condition has been recommended regarding a WSI.
Lead Local Flood Authority No objection subject to conditions regarding drainage design and maintenance plan.
Officer’s response: Planning conditions have been recommended requiring the submission of the drainage design and maintenance plan.
Designing out Crime Officer No objection subject to school achieve Met Police) Secure by Design accreditation.
Officer’s response: This has been agreed with the applicant and a planning condition has been recommended requiring Secure by Design accreditation. Reasoned Justification
Principle:
The principle of development should be considered in the context of the provision of an educational facility located on land identified for educational use within Ealing Council’s ‘Planning for Schools DPD’.
Paragraph 72 of the NPPF states “the Government attaches great importance to ensuring that a sufficient choice of school places is available to meet the needs of existing and new communities” and that Local Authorities should give “great weight to the need to create, expand or alter schools”. Paragraph 95 of the Draft NPPF further states “it is important that a sufficient choice of school places is available to meet the needs of existing and new communities. Local planning authorities should take a proactive, positive and collaborative approach to meeting this requirement”. Policy 3.18 of the London Plan supports the provision of new educational facilities which would enhance education and skills provision. This is reinforced by the Draft London Plan which aims to ensure there is a sufficient supply of good quality education and childcare facilities to meet demand and offer educational choice. There is a clearly established pressing need for school places across the borough and the catchment area in Acton. Ealing’s Planning for Schools DPD identified an unmet need for 19 Secondary FE by 2019.
The application site and wider college site have been identified as a suitable and deliverable site for a new 6FE secondary school within the Council’s adopted ‘Planning for Schools DPD’ to meet the borough’s identified education provision
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Page 68 of 134 Planning Committee 23/05/2018 Schedule Item 02 demands. This document provides justification for the use of the application site as an educational facility.
Therefore, the provision of 180 additional pupil places on land designated for school use is acceptable in principle and would be in accordance with Paragraph 72 of the NPPF, Paragraph 95 of the Draft NPPF, Policy 3.18 of the London Plan, Policy S3 of the Draft London Plan and Ealing’s ‘Planning for Schools DPD’.
Design and Appearance:
Policies 7.4 and 7.6 of the London Plan and policies 7.4 and 7B of the Ealing Development Management DPD require development to be considered in terms of local character, architecture and design amenity.
The building location is considered acceptable as it broadly follows the footprint of the previous education building that was recently demolished in 2018.
The height of the proposal (maximum height of 12 metres) would be approximately five metres taller than the previous building onsite and approximately four metres taller than the neighbouring no. 11a Gunnersbury Lane, however, given the height of the neighbouring church (ridge height of approximately 15 metres), the fire station (ranging in height from approximately 10 to 18 metres) and neighbouring college building (approximately 18 metres in height); its height and scale would fit appropriately within the street and surroundings.
The building would have a contemporary front facing façade (west elevation) which would incorporate a large double height curtain glazed entranceway, PPC cladding and a two-storey PPC brise soleil feature across the entire west elevation. Despite the building being set back from the main building line on Gunnersbury Lane, the proposed treatment of the front elevation would assist in distinguishing the school building within the predominantly residential street and would create a legible and architecturally interesting entrance to the proposed school. The proposal of a double height glazed curtain wall and full length glazing to reception area on Gunnersbury Lane would ensure acceptable levels of passive surveillance of the street and school entrance.
The three-storey west facing elevations that are set back from the main building line would reference surrounding architecture as they would be constructed in brick. Brick is also proposed as the principle material on the remaining elevations (north, south and east). Vertical emphasis is provided by framing the brick elements with a contrasting material (light coloured glass reinforced concrete and PPC panels), which would provide appropriate articulation of these elevations. Further appropriate articulation is also provided by deep (150mm) window recesses.
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The proposed PV panels and mechanical roof plant would be sufficiently screened by the parapet and PPC screening elements to minimise the visual impact.
The single-storey substation/plant building would fit suitably into its surroundings given the proposed location of the 3.7-metre-tall brick building adjacent to a three-metre boundary wall and eight-metre-tall brick nursery immediately to the north of the site.
It is considered that the proposal would be in accordance with Policies 7.4 and 7.6 of the London Plan and Policies 7.4 and 7B of the Ealing Development Management DPD.
Impact upon Amenity of Neighbouring Properties:
Policy 7.6 of the London Plan requires new development not to cause unacceptable harm to the amenity of surrounding land and buildings (particularly residential buildings) in relation to privacy and overshadowing. Policies 7A and 7B of the Ealing Development Management DPD seeks to ameliorate harmful emissions, including noise, light and odour which may harm the surrounding area, avoid inappropriate overlooking and requires development to have regard to its visual impact.
The proposed building would be located adjacent to 11a Gunnersbury Lane and to the rear of 1b to 7 Gunnersbury Lane, broadly following the footprint of the recently demolished college building.
The proposed design would result in inappropriate overlooking of the rear of number 11a Gunnersbury Lane, however, a condition (condition 4) has been recommended requiring south facing windows to be obscurely glazed to avoid loss of privacy.
The proposed two-storey element to the rear of 1b to 7 Gunnersbury Lane would contain a double height hall and drama studio which would not contain any windows and would therefore not cause any overlooking or loss of privacy. Overlooking could occur from the accessible flat roofs; however, a condition (condition 29) has been imposed to restrict access and use of these areas.
Potential harm from light disturbances resulting from external lighting has been addressed by condition 16 where details of lighting locations and specifications have been required.
In terms of noise generation, it is considered that the educational use would not have any greater impact on neighbouring residential amenity than the previous educational use. Notwithstanding this, conditions have been recommended to safeguard residential amenity with regards to potential noise disturbance (see conditions 11, 12, 13, 14, 18 and 29). Page 24 of 29
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With regards to odour, condition 14 has been recommended in relation to mitigating possible odour emissions from the temporary kitchen located towards the north-east of the site.
Despite no objections being raised by adjoining properties, it is likely that the proposal would result in increased overshadowing due to its proximity to adjoining sites and given the increase in height of development when compared with the recently demolished college structure (i.e. the proposal would see the maximum height onsite increase from 7 metres to 12 metres). On balance, this increase in height and potential for overshadowing would not warrant refusal of the proposed school development.
It is considered that the scheme, on balance, would not unduly impact on the amenity of surrounding residential properties to warrant refusal, owing to the size, height and location of the proposal and scale of previous development onsite. The proposal would broadly comply with Policy 7.6 of the London Plan and Policies 7A and 7B of the Ealing Development Management DPD.
Transport:
Policies 6.1, 6.3, 6.9, 6.10, 6.11, 6.12, 6.13 and 6.14 of the London Plan, Policy 6.13 of Ealing’s Development Management DPD and Ealing’s Sustainable Transport for New Development SPD require developments to be assessed on the effects it would have on the transport capacity, traffic flow and congestion. These policies also require developments to provide secure, integrated, convenient and accessible cycle facilities and appropriate levels of car parking, including disabled car parking and electric vehicle charging points.
The site has a PTAL rating of 5 (0 representing the least accessible locations and 6b representing excellent accessibility) and can be accessed by pedestrians from Gunnersbury Lane.
The site is located approximately 600m north-east of Acton Town Underground Station, providing access to Piccadilly and District Line Services. The closest bus stop serving the site is located opposite the building entrance on Gunnersbury Lane. This is stop is served by the 70, E3, N11 buses. The following bus routes also stop within 100 metres of the site: 207, 427, 440, N7, N207.
The proposed school would accommodate 180 pupils and 36 FTE staff which would access the site from Gunnersbury Lane.
One inset disabled car parking bay is proposed on the Gunnersbury Lane footpath and its provision is addressed in the legal agreement and by condition.
24 sheltered pupil spaces in a two-tier format are proposed to the rear (east) of the site, 12 sheltered Sheffield stand spaces for staff are proposed to the side Page 25 of 29
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(north) of the site and eight Sheffield stand spaces for visitors are proposed to the front (west) of the site. This would be a total of 44 cycle parking spaces, significantly more than the 29 required by the London Plan.
An appropriate Interim Travel Plan has been submitted which seeks to reduce car travel to/from the school. A condition has been recommended to ensure the school would achieve TfL STARS accreditation to ensure endeavours are made to reduce unsustainable travel to and from the site.
Transport Services raise no objection subject to conditions regarding a school travel plan, a service and delivery plan, a construction management plan, cycle parking and disabled parking bay. Transport Services also require a Section 106 contribution of £65,000 towards provision of a school safety zone and pedestrian crossing on Gunnersbury Lane to accommodate the pedestrian desire line between the school and nearby bus stop. The provision of an inset disabled parking bay to the front of the school on Gunnersbury Lane is included in the legal agreement.
Subject to the aforementioned conditions and legal agreement; the proposal would not be considered to raise any adverse road safety concerns, nor would it be considered to have a detrimental impact on the surrounding road network. The proposal would therefore be in accordance with Policies 6.1, 6.3, 6.9, 6.10, 6.11, 6.12, 6.13 and 6.14 of the London Plan, Policy 6.13 of Ealing’s Development Management DPD and Ealing’s Sustainable Transport for New Development SPD.
Heritage
Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that the local planning authority shall have special regard to the desirability of preserving the Listed building or its setting or any features of special architectural or historic interest which it possesses. Section 72 of the Act states that within a Conservation Area, the decision maker is required to pay special attention to the desirability of preserving or enhancing the character or appearance of that area.
Paragraph 131 of the NPPF seeks to conserve and enhance heritage assets and states new developments should make a positive contribution to the local character.
Policy 7.8 of the London Plan states that development affecting a heritage asset should conserve the significance of it’s setting by being sympathetic to the form, scale, materials and architectural detail of its surroundings, while Policies 7C and 7.4 of the Ealing’s Development Management DPD require development to retain and enhance characteristic features that contribute to the Conservation Area and should also complement the scale of built form.
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The site is located within an Archaeological Interest Area. As such, the proposal, including the Archaeological Desk Based Assessment (dated 14 July 2017) has been referred to the Greater London Archaeological Advisory Services (GLAAS). GLAAS have raised no objection to the proposal subject to a condition regarding a Written Scheme of Investigation. Please refer to condition 14.
There are no Listed Buildings onsite and the site is not within a Conservation Area. However, Acton Town Centre Conservation Area immediately adjoins the site the north, while Mill Hill Park Conservation Area is approximately 100 metres to the south. Within these Conservation Areas, there are several Listed Buildings, notably, the Grade II Statutorily Listed Methodist Church which immediately neighbours the site to the north, the Grade II Statutorily Listed ‘Ice House’ in the Woodlands Park to the east, the terrace of 13 Grade II Listed buildings on Acton High Street to the north-east and the Locally Listed fire station to the south.
The key heritage considerations in the determination of this application is the indirect effects on the character and appearance of the surrounding heritage assets.
The proposal, which would predominantly be located on the footprint of the recently demolished two-storey college building, would be suitably in keeping with the height, scale and mass of the surrounding area (as detailed previously). The predominant use of brick would ensure the building would be sympathetic to its context, given the wide use of brick within the neighbouring Conservation Areas, including the terrace of 13 number Grade II Listed Buildings on Acton High Street and the Locally Listed fire station. The design of the proposal responds to the changing built context of the area and would result in an improvement to the local townscape in terms of quality of design and form when compared to the existing site and recently demolished building.
The proposal is therefore in accordance with the statutory duties as detailed in the Planning (Listed Buildings and Conservation Areas) Act 1990, the NPPF, Policy 7.8 of the London Plan and Policies 7C and 7.4 of the Ealing’s Development Management DPD.
Energy and Sustainability:
Policies 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan require developments of this scale and nature to be designed sustainably, for the development to follow the ‘lean, clean, green’ approach, to incorporate measures to reduce the level of carbon dioxide emissions.
The applicant is proposing the use of PV panels to reduce carbon dioxide emissions at the school. The submitted BREEAM Pre-Assessment report targets a BREEAM rating of ‘very good’.
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The Council’s Energy and Sustainability Officer has no objection to the principles followed in the proposal subject to further evidence being submitted regarding sustainability and energy efficient measures that will assist this development with reducing the carbon dioxide emissions and complying with the London Plan. The Energy and Sustainability Officer requires conditions regarding an ultra-low NOx gas boilers, Energy Strategy, overheating and cooling, sustainable design and construction, BREEAM, Energy Centre/temporary plant and a contribution of £3,610 for post-construction energy monitoring.
The proposal would be in accordance with Policies 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan subject to compliance with the aforementioned conditions and a contribution of £3,610 being received by the Council for energy monitoring.
Flood Risk and Drainage:
Policy 5.12 of the London Plan require developments to remain safe and operational under flood conditions, while Policy 5.13 states developments should demonstrate consideration of the drainage hierarchy, aim to achieve greenfield run-off rates and ensure that surface water run-off is managed as close to its source as possible.
The application site is within Flood Zone 1, meaning it has less than 1 in 1,000 annual probability of river or sea flooding. The site is not within a Critical Drainage Area nor is it in an area susceptible to surface water flooding issues.
The Lead Local Flood Authority has reviewed the proposal and has raised no objection subject to conditions regarding a detailed drainage design and drainage maintenance plan.
Subject to the submission of suitable a drainage design and drainage maintenance plan the proposal would be in accordance with Policies 5.12 and 5.13 of the London Plan.
Trees and Landscaping:
Policies 5.10 and 7.21 of the London Plan require new developments to retain trees of value and integrate green infrastructure such as tree planting. Any loss of trees resulting from development should be replaced following the principle of “right place, right tree” (A Tree and Woodland Framework for London, 2005). Policy 5.10 of Ealing’s Development Management DPD states where trees are proposed to be removed, re-planting is required based on no net loss of amenity. While the extent and location of the planting need not necessarily be the same afterward as it was before development, the quality and type of amenity offered (based on CAVAT value) should at least be the same, if not better.
One recently planted street tree is proposed for removal from Gunnersbury Lane to accommodate a disabled parking bay. Three replacement trees are proposed Page 28 of 29
Page 74 of 134 Planning Committee 23/05/2018 Schedule Item 02 on Gunnersbury Lane. As such the proposed planting proposal is considered acceptable subject to a condition to ensure the proposed trees have the best chance of becoming established.
Subject to a tree planting condition, the proposal would be in accordance with Policies 5.10 and 7.21 of the London Plan and Policy 5.10 of Ealing’s Development Management DPD.
CIL
This development would not be liable to contribute towards the Mayor’s Community Infrastructure Levy as education schemes are exempt.
Conclusion
The proposal is considered acceptable with regard principle, design and appearance, impact upon the amenity of neighbouring properties, transport, energy and sustainability, flood risk and drainage and trees and landscaping.
Human Rights Act
In making your decision, you should be aware of and consider any implications that may arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as the London Borough of Ealing to act in a manner, which is incompatible with the European Convention on Human Rights.
You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation for approval of the grant of permission in this case interferes with residents’ right to respect for their private and family life, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case, the rights of the applicant). The Council is also permitted to control the use of property in accordance with the general interest and the recommendation for approval is a proportionate response to the submitted application based on the considerations set out in this report.
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Page 76 of 134 ITEM 03 - The Perfume Factory 140 Wales Farm Road Acton W3 6UG
© Crown copyright and database rights 2015 OS LA0100019807 Page 30 November 77 of 2017 134 1:1250
Page 78 of 134 Planning Committee 23/05/2018 Schedule Item No. 03
Ref : 181062OPDFUL
Address: 140 Wales Farm Road, Acton W3 6UG
Ward: East Acton
Proposal: Demolition of existing buildings and redevelopment of site to provide 3 No. residential buildings between 12 and 25 storeys in height to provide 380 residential units (comprising 66 No. studios, 190 No. 1 bed, 104 No. 2 bed and 20 No. 3 bed flats) and 1,403 sq.m of flexible A1/A2/A3/A4/A5/B1/D1/D2 floor space; the provision of public open space, roof top amenity space, landscaping, car and cycle parking, and refuse storage (Full Planning Application accompanied by an Environmental Impact Assessment: Resubmission).
Drawing numbers/plans: Drawing numbers for Job Number 16043: (01)-E-100 Revision PL; (01)-E-001 Revision PL; (01)-E-002 Revision PL; (01)-E- 003 Revision PL; (01)-E-004 Revision PL; (03)-P-S000 Revision PL; (01)-P-S001 Revision PL; (01)-P-S002 Revision PL; (03)-E-200 Revision PL; (03)-E-201 Revision A; (03)-E-202 Revision PL; (03)-E-203 Revision PL; (03)-E-204 Revision PL; (03)-E-205 Revision PL; (03)-E-206 Revision PL; (03)-E-207 Revision PL; (03)-E-220 Revision A; (03)-E-221 Revision PL; (03)-P-0B0 Revision PL; (03)-P-0G0 Revision PL; (03)-P-0M0 Revision PL; (03)-P-001 Revision A; (03)-P-002 Revision A; (03)-P-011 Revision A; (03)-P-012 Revision A; (03)-P-013 Revision PL; (03)-P-015 Revision PL; (03)-P-016 Revision PL; (03)-P-022 Revision PL; (03)-P-023 Revision PL; (03)-P-0R0 Revision PL; (03)-X-100 Revision PL; (03)-X-101 Revision PL; (03)-X-102 Revision PL; (03)-X-103 Revision PL; (03)-E-250 Revision PL; (03)-E-251 Revision PL; (03)-E-252 Revision PL; (03)-E-256 Revision PL; (03)-E-257 Revision PL; (03)-E-258 Revision PL; (03)-E-262 Revision PL; (03)-E-263 Revision PL; (03)-E-264 Revision PL; (03)-E-268 Revision PL; (03)-E-269 Revision PL and (03)-E-270 Revision PL all as prepared by Darling Associates Limited; Documents titled: Design & Access Statement (Incorporating landscape proposals and public realm) dated February 2018 as prepared by Darling Associates Limited; Planning Statement incorporating Retail Statement dated February 2018 as prepared by RPS CgMs; Statement of Community Involvement (SCI) dated June 2017 and Addendum to SCI dated 27th February 2018 both as prepared by Polity; Inclusive Access Statement dated June 2017 as prepared by Access Design; Environmental Statement (ES) Volumes 1 and 2 and Non- Technical Summary dated June 2017 as prepared by RSK; Addendum to the ES including an updated Transport Statement, Framework Travel Plan, Delivery and Servicing Management Plan and Waste management Plan (Appendix J) as prepared by RSK and Peter Brett Associates Ltd; Services
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Strategy dated June 2017 as prepared by AECOM; Environmental Sustainability Statement incorporating BREEAM pre-assessment and Energy Strategy dated June 2017 as prepared by AECOM; Overheating Report dated June 2017 as prepared by AECOM; Metering Strategy Report dated June 2017 as prepared by AECOM; Detailed Daylight and Sunlight ‘Light Within’ Report dated June 2017 as prepared by GVA Schatunowski Brooks; Construction Management and Logistics Plan dated June 2017 as prepared by InnC and document titled GLA Design Considerations dated October 2017 as prepared by Darling Associates Limited
Type of Application: Full application
Application Received: 02/03/2018
Report by: Paul Ricketts
Recommendation: Grant planning permission subject to 1. Stage II referral to the Mayor of London; 2. Section 106 agreement; and 3. Planning Conditions of consent
Executive Summary:
The proposals comprise a detailed planning application for this 0.47 hectare site located in North Acton (East Acton Ward). The application site forms part of the site known as ‘The Perfume Factory’ and is owned by the applicant, Essential Living. The land immediately to the south also forms part of the ‘Perfume Factory’, is owned by Imperial College which is subject of a separate planning application for its redevelopment under LPA Reference 172682FUL which was granted conditional planning permission with the associated S.106 agreement, issued in December 2017. The combined ‘Perfume Factory’ site was subject of planning application ref: PP/2015/4551 which proposed a high density residential led mixed use redevelopment of the site. A resolution to grant planning permission was made at planning committee in February 2016. Negotiations stalled on the Section 106 agreement and the application was not referred to the Mayor at Stage 2. Subsequently the site was split and the southern part (0.73 hectares) sold to Imperial College and the northern element retained by Essential Living.
In February 2018, the Council refused planning permission for a scheme that was substantially the same as this re-submission, although for 390 dwelling units. The refusal was issued based on the sub-standard sizes of 20 studio units. The applicant has submitted an appeal against the decision. The current application seeks to rectify the refusal reason by re-designing the scheme to reduce numbers to 380 overall and for those 20 studio units to be changed into 10 x 2 bed dwellings to ensure that all dwellings meet the adopted floor space standards. The existing site comprises a 2 storey building which is locally listed (non-designated heritage asset) and occupies much of the development site which was originally built as part of a cosmetics factory for Elizabeth Arden. The application red line boundary includes the access road and the existing building on the Imperial College site as these are required to enable delivery of the scheme. The area that would be covered by the subject application works and are within the Applicant’s ownership, the ‘development area’, is smaller at 0.44 hectares.
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The application site is located within the boundary of the Old Oak and Park Royal Development Corporation (OPDC) which is the planning authority for the area. Under the adopted scheme of delegation, LB Ealing Council will continue to determine applications in the area around Noth Acton, including the application site. The Site lies within the Old Oak and Park Royal Opportunity Area, at the eastern edge of the ‘Southern Gateway’ to Park Royal, as identified in Ealing’s Development (or Core) Strategy and Development Sites DPDs. The site occupies a prominent position close to the intersection of Wales Farm Road and Victoria Road and is located within approximately 160m of North Acton underground station. The site has a PTAL rating of 5 (‘Very Good’).
The site is bounded by Wales Farm Road (A4000) to the west, the central line railway lines to the north, the Victoria Industrial Estate to the east and the Imperial College element of the site to the south which would act as a buffer to the nearby residential properties at Conway Grove to the south. The surrounding area contains a wide mix of land uses including residential, commercial and retail. Immediately west of the application site there have been a number of recent developments comprising predominantly residential uses in the form of apartments and student accommodation.
The scheme would comprises three residential blocks with active ground floor uses to provide 380 residential units comprising 66 No. studios, 190 No. 1 bed, 104 No. 2 bed and 20 No. 3 bedrooms and 1,403 sq.m of flexible commercial floorspace comprised of classes A1/A2/A3/A4/A5/B1/D1/D2: Block A: 16 storeys with 291 sq.m flexible commercial floorspace; Block B: 25 storeys and 12 storeys with 310 sq.m flexible commercial floorspace; and Block C: 14 storeys with 748 sq.m flexible commercial floorspace. A series of public and communal amenity spaces. Internal amenity space to be provided in Blocks A and B which would comprise lounge, fitness centre, quiet space and a study, whilst external amenity space would be formed of open landscaped terraces and small allotments for residents to use. 159 sq.m of external play space will be provided on the roof of the podium level, whilst the extensive public realm will also include informal play areas. The majority of units would be provided with private external amenity space in the form of balconies, apart from the upper levels of Block B where additional internal amenity space would be provided. Residents of these units would be able to utilise the communal areas. A high quality public realm will be provided with extensive landscaping and seating, and with active frontages and outdoor seating for the commercial units. Car parking for 16 vehicles (including 2 disabled spaces), plant, refuse storage and servicing. Cycle parking for 552 bicycles comprising 504 long stay and 10 short stay visitors for the residential accommodation and 7 long stay and 31 short stay for the commercial uses. . Residential cycle parking would be provided at mezzanine floor level and would be accessible via lifts. Covered commercial long-stay cycle parking spaces and visitor spaces would be provided at ground floor level. . Vehicle access to the site would be from Wales Farm Road and would be to the south of the site, shared with the adjoining Imperial College development. This
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access road would be used to access the car park, the new layby and servicing bay, in order to facilitate deliveries and waste collection. . Residential and commercial waste stores would be provided for each Block at ground floor level. Occupants of Block B would have waste chutes available to them on each floor. . In terms of deliveries, a concierge service would be available 24/7 and would be able to take receipt of deliveries on behalf of residents. A Delivery Booking System would be used to control and manage the arrival and departure of vehicles to the site servicing the commercial units. The applicant has undertaken an Environmental Impact Assessment (EIA) of the proposals which includes the following topic areas: air quality, archaeology and cultural heritage, daylight and sunlight, ecology and arboricultural, flood risk and drainage, ground conditions and contamination, noise and vibration, socio-economics, townscape and visual impact assessment, transport and travel planning, wind assessment and cumulative effects.
The key determining issues in considering this full planning application are:
Environmental Statement The acceptability of the development in principle including the appropriateness of alternative uses Design (all matters and also includes energy efficiency, sustainability and environmental protection) Affordable housing/viability; Transport; and Planning obligations and the Mayor’s Community Infrastructure Levy.
Conclusions
The report includes recommendations to grant planning permission subject to any direction from the Mayor of London and subject to planning conditions and the completion of a satisfactory legal agreement.
In reaching this recommendation specific consideration has been given to the key determining issues identified above. The proposals to reproduce the existing employment uses on the site are considered acceptable.
The site occupies an important position in the Southern Gateway and is an important landmark site at the entrance to the wider Opportunity Area. The site has been identified as being suitable for an intensification of use and for a mix of uses. The proposed residential led mixed use development in association with the adjoining Imperial College site proposals significantly increases the density of built development on this under-utilised gateway site and would help to deliver much needed new housing which is considered to be a significant benefit to the regeneration of the area.
The proposed layout, scale and design of the development are considered acceptable given the site’s relationship with its surroundings including the location of surrounding transport hubs. The proposed redevelopment represents an opportunity to significantly enhance this low density site within a highly accessible location with a high quality, high density scheme which would help deliver a new, welcoming and attractive public space with a mix of commercial, retail and community uses that will ensure a new vibrant place which would benefit both future and existing residents.
The proposed height and design of the taller buildings are considered to be acceptable and would contribute to a cluster of taller buildings at this important gateway site. The
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Planning Committee 23/05/2018 Schedule Item No. 03 environmental impact of the scheme has been comprehensively assessed and it has been demonstrated that the massing of the buildings would not lead to any environmental harm that is not normal in an urban area and cannot be appropriately mitigated.
The residential mix would provide 838 habitable rooms and a resultant density of 1,783 habitable rooms per hectare. This exceeds the upper guideline in the Mayor’s current density matrix of 1,100hrh. The scale and density of development are considered to be acceptable on this relatively unconstrained and strategically important site. The proposals would help deliver a much needed quantum of new housing whilst providing an appropriate quantum of retail/commercial floor space.
In summary the proposed development is considered acceptable for the following reasons:
The proposals are for the redevelopment of an underutilised brownfield site in a strategically important location within an identified Opportunity Area. The proposed residential led mixed use development complies with the site’s allocation in the Ealing Development Sites DPD 2013 The proposed commercial floor space comprising flexible employment, retail and community uses are considered acceptable and will ensure vitality within the development The location and form of development is considered to have an acceptable relationship with neighbouring uses and ensures that visual and residential amenity is protected. It complies with policies to locate high-density residential development in appropriate, accessible locations; The scheme has been amended to meet the single reason for refusal to ensure that all dwellings comply with the adopted floor space standards; The layout ensures good levels of permeability and brings the site into the accessible public realm The proposals include a variety of high quality public and semi-private open spaces helping address deficiencies in the area The proposed living conditions would be of a high standard meeting with standards set out in the development plan; The proposals will enhance the accessibility of the area and provide new opportunities for sustainable travel with new pedestrian and cycle links across and within the vicinity of the site connecting to the wider area, allowing residents and visitors to access a range of facilities and public transport options without reliance on the car; An appropriate level of parking is proposed across the site which will be supported by a parking management plan and appropriate parking controls; It complies with policies relating to refuse and recycling; The proposals incorporate renewable energy technologies and complies with policies relating to energy efficiency and sustainable design and construction; It has the potential to satisfy relevant policies in relation to noise, air quality, contamination and sustainable drainage; The applicant has agreed to enter into a Section 106 Agreement which includes contributions relating to a range of issues;
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The development will be subject to the Mayor’s Community Infrastructure Levy.
Referable application This planning application is referable to the Mayor of London pursuant to the Town and Country Planning (Mayor of London) Order 2008 under Category 1A of the schedule to the Order, as it would comprise:
“Development which comprises or includes the provision of more than 150 houses, flats, or houses and flats”
The application has been referred to the GLA and the Stage 1 response was received on 30 April 2018. The Mayor considered that the principle of a residential led mixed use redevelopment of the site was supported by strategic planning policy and that the resolution of a number of issues could lead to the application becoming compliant with the London Plan and draft London Plan. The Mayor’s key concerns relate to affordable housing (the proposed discounts, length of covenant and clawback mechanism); urban design (wants active ground floor frontage on the Eastern elevation to respond to potential redevelopment of adjacent Victoria Industrial Estate); climate change (further details of photovoltaic panels including calculated energy saving and carbon reduction) and transport (a financial contribution of £423,120 is required towards North Acton station improvements, Crossrail and towards cycle infrastructure. Blue badge parking and cycle parking to be increased; a delivery and servicing plan, construction logistics plan, travel plan and a car parking management oplan including a permit free agreement to be secured by planning condition or planning obligation). These matters are required to be resolved to ensure compliance with London Plan policies.
The applicant has responded positively to the concerns of the Mayor and provided more information as requested to cover those issues.
If Ealing Council resolves to make a draft decision on the application, it must consult the Mayor again under Article 5 of the Mayor of London Order 2008 and allow him fourteen days to decide whether to allow the draft decision to proceed unchanged, or direct the Council under Article 6 to refuse the application, or issue a direction under Article 7 that he is to act as the local planning authority for the purpose of determining the application..
Overall the development proposes a high quality mixed use regeneration of this important Southern Gateway site whilst achieving strategic and local regeneration and spatial objectives. The objections from third parties have been reviewed and acknowledged in this report, however, these are insufficient to outweigh the recommendation for approval. It is therefore recommended that planning permission be Approved with Conditions subject to a variation of the extant Section 106 agreement.
Recommendation:
(a) Subject to Stage II referral to the Mayor of London (b) Subject to the satisfactory completion of a Section 106 agreement under the Town and Country Planning Act 1990 (as amended) in order to secure the following: (i) 35% habitable rooms provided as discounted market rented with a blended rate of discount in perpetuity; (ii) two stage review (early and late) mechanism including one at 80% occupancy of development to assess viability to deliver more than 35% discounted market rented units to a cap of 50%;
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(iii) The open market private rented accommodation to be subject to a covenant of at least 15 years; (iv) financial contributions to cover transport (including North Acton station) and accessibility (£826,120); public realm including, trees and open space (£550,000); education (£506,254.38); employment/training monitoring (£75,000) and health (£500,000) for a total of £2,457,374.38 (index linked) (v) Travel plan including monitoring (vi) car free parking permits (vii) Energy, sustainability and carbon off-setting (viii) payment of the Council’s reasonable legal and other professional costs incurred preparing the Section106 agreement. (c) and GRANT full planning permission subject to the following conditions and informatives
Conditions:
1. Statutory Time Limit The development hereby permitted shall be begun before the expiration of three years from the date of this permission Reason: In order to comply with the provisions of the Town and Country Planning Act 1990.
2. Approved Plans and Documents The development hereby approved shall be carried out in accordance with the following approved plans and documents: Drawing numbers for Job Number 16043: (03)-P-S000 Revision PL; (01)-P-S001Revision PL; (01)-P-S002 Revision PL; (03)-E-200 Revision PL; (03)-E-201 Revision A; (03)-E-202 Revision PL; (03)-E-203 Revision PL; (03)-E-204 Revision PL; (03)-E-205 Revision PL; (03)- E-206 Revision PL; (03)-E-207 Revision PL; (03)-E-220 Revision A; (03)-E-221 Revision PL; (03)-P-0B0 Revision PL; (03)-P-0G0 Revision PL; (03)-P-0M0 Revision PL; (03)-P-001 Revision A; (03)-P-002 Revision A; (03)-P-011 Revision A; (03)-P-012 Revision A; (03)-P- 013 Revision PL; (03)-P-015 Revision PL; (03)-P-016 Revision PL; (03)-P-022 Revision PL; (03)-P-023 Revision PL; (03)-P-0R0 Revision PL; (03)-X-100 Revision PL; (03)-X-101 Revision PL; (03)-X-102 Revision PL; (03)-X-103 Revision PL; (03)-E-250 Revision PL; (03)- E-251 Revision PL; (03)-E-252 Revision PL; (03)-E-256 Revision PL; (03)-E-257 Revision PL; (03)-E-258 Revision PL; (03)-E-262 Revision PL; (03)-E-263 Revision PL; (03)-E-264 Revision PL; (03)-E-268 Revision PL; (03)-E-269 Revision PL and (03)-E-270 Revision PL all as prepared by Darling Associates Limited; Documents titled: Design & Access Statement (Incorporating landscape proposals and public realm) dated February 2018 as prepared by Darling Associates Limited; Planning Statement incorporating Retail Statement dated February 2018 as prepared by RPS CgMs; Statement of Community Involvement (SCI) dated June 2017 and Addendum to SCI dated 27th February 2018 both as prepared by Polity; Inclusive Access Statement dated June 2017 as prepared by Access Design; Environmental Statement (ES) Volumes 1 and 2 and Non- Technical Summary dated June 2017 as prepared by RSK; Addendum to the ES including an updated Transport Statement, Framework Travel Plan, Delivery and Servicing Management Plan and Waste management Plan (Appendix J) as prepared by RSK and Peter Brett Associates Ltd; Services Strategy dated June 2017 as prepared by AECOM; Environmental Sustainability Statement incorporating BREEAM pre-assessment and Energy Strategy dated June 2017 as prepared by AECOM; Overheating Report dated June 2017 as prepared by AECOM; Metering Strategy Report dated June 2017 as prepared by AECOM;
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Detailed Daylight and Sunlight ‘Light Within’ Report dated June 2017 as prepared by GVA Schatunowski Brooks; Construction Management and Logistics Plan dated June 2017 as prepared by InnC and document titled GLA Design Considerations dated October 2017 as prepared by Darling Associates Limited
Reason: For the avoidance of doubt and in the interests of proper planning.
3. Construction Management Plan
The development hereby permitted shall not commence (excluding site remediation, preparatory works and demolition) until a Site wide Construction Management Plan has been submitted to and approved in writing by the London Borough of Ealing as the Local Planning Authority to include the following:
a) A detailed specification of construction works at each Part of development b) The best practical means available in accordance with British Standard Code of Practice B55228: 1997 to be employed at all times to minimise the emission of noise and dust from the site; c) A suitable and efficient means of monitoring and suppressing dust, vapours and odours, including where necessary the use of deodorising agents and adequate containment of stored or accumulated material so as to prevent it becoming airborne at any time and giving rise to nuisance; d) Engineering measures, acoustic screening and the provision of sound insulation required to mitigate specific environmental impacts identified; e) Identification of the most sensitive receptors, both residential and commercial where assessment and monitoring of impacts will be undertaken as work progresses; f) Means of enclosure and security of the site and individual phases; g) A framework travel plan for construction workers; h) Defined access routes to the site for all vehicles relating to the remediation and construction of the development; i) Details of the arrangements for the delivery of materials to the site for the construction of the development - including hours and restrictions on construction traffic having regard to the need to control construction traffic during peak hours; j) Construction waste management strategy; k) Unless otherwise agreed as part of the Construction Management Strategy and Code of Practice, the operation of site equipment and / or plant and machinery generating noise that is audible at the facade of residential or noise sensitive premises shall only be carried out between the hours of 0800 to 1800 Mondays to Fridays, 0800 to 1300 on Saturdays and at no time on Sundays and Bank Holidays unless otherwise agreed by the London Borough of Ealing as the local planning authority; I) Adoption and implementation of the Considerate Contractor Scheme (or similar to be agreed in writing with the Local Planning Authority) registration and operation; m) Details of how vehicles transporting contaminated waste that leave the site (including wheel washing and covering of loads) will be managed to prevent any contaminants from entering the environment; n) Details of and restriction on the heights of cranes, having regard to Air Safeguarding Zones; o) Arrangements for publicity and promotion of the scheme during construction;
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p) Details of an advertised 'hotline' to be operated and funded by the developer to enable any complaints to be recorded; q) Liaison with the Local Authority's Environmental Health Unit to register complaints received and response/action taken; r) The availability of a site manager(s) or other persons with appropriate seniority within the organisation capable of authorising proper remedial action where appropriate; and s) The developer shall at all times maintain the safety of pedestrians, cyclists and other road users and shall inform the London Borough of Ealing as local planning authority and Transport for London in writing of any construction impacts that will effect operation of the bus network and Crossrail.
The construction management shall be provided and managed in accordance with the approved Construction Management Plan.
Reason: In the interests of minimising the impact of noise, vibration and airborne pollution on the amenities of occupiers of properties within the vicinity of the site, to limit the works to reasonable hours and to minimise the impact of construction traffic on the highway network. In accordance with Policies 5.3, 5.18, 6.3, 7.14 and 7.15 of the London Plan 2016; Policies 1.1(j), 1.1 (K) and 1.2 (f) of Ealing's adopted Development (or Core) Strategy 2026 DPD, 2012; Ealing's SPG 10: Noise and Vibration; SPG3: Air Quality; The control of dust and emissions during construction and demolition (July 2014); BS 5228-1:2009 - Code of practice for noise & vibration control on construction & open sites-Part 1: Noise and policy LV5.2 of Ealing's Development Management DPD, 2013.
4. Details of Materials
Before work is commenced on the relevant part of each phase of the development (excluding demolition and site preparation), details (including samples where appropriate) of the materials to be used for the external surfaces for each of the buildings and hard-surfaced areas within the development shall be submitted to and approved in writing by the Local Planning Authority, and this condition shall apply notwithstanding any indications to these matters which have been given in this application. The development shall be carried out in accordance with the approved details.
Reason: To ensure that all built development would be of a high quality design standard. In accordance with Policies 7.4 and 7.6 of the London Plan 2016; Policy 1.1(h) of Ealing's Development (or Core) Strategy 2026 DPD 2012; and Policies LV7.4 and 7B of Ealing's Development Management DPD, 2013.
5. Hard and Soft Landscape details
The details of hard and soft landscaping including the tree protection and tree planting proposals as submitted to and hereby approved by the local planning authority shall be laid out and planted in accordance with a programme of planting works which shall first be agreed with the local planning authority prior to the first occupation of any part of the development. Any trees or plants which within 5 years of planting, die, are removed or become seriously damaged or diseased shall be replaced with others of the same size and species and in the same positions within the next planting season. The landscaping shall thereafter be maintained permanently.
Reason: To ensure that the development is landscaped in the interests of the visual character and appearance of the area in accordance with policies 7.2, 7.3, 7.4, 7.5, 7.19 and 7.21 of the London Plan 2016.
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6. Car Park Management Plan Prior to the occupation of development, in respect of each of the phases, a site wide Car Parking and Cycle Parking Management Strategy (in keeping with the Travel Plan) is to be submitted and approved by the Local Planning Authority. This Plan shall outline:
a) The proposed distribution, phasing and arrangements for the management of: i) Visitor car parking ii) Residential car parking iii) Commercial car parking iv) Wheelchair users parking b) Measures for preventing parking in undesignated places throughout the site. c) The provision of active Electric Vehicle Charging Points (EVCP) for a minimum of 20% of all car parking spaces and an additional 20% passive provision within the development as set out in the London Plan 2016. d) The safety and security measures to be incorporated within the development to ensure the safety of car/cycle parking areas. The car and cycle parking shall be provided and managed in accordance with the approved strategy for the life of the development, or as otherwise agreed in writing by the Local Planning Authority.
Reason: To ensure inclusive, safe and adequate parking is provided and retained in conjunction with the development in the interests of the general amenities of the locality, the flow of traffic and conditions of pedestrian and general highway safety within the site and on neighbouring highways, a sustainable development and where appropriate constrain local highway impact in accordance with policies 6.3, 6.9 and 6.13 of the adopted London Plan 2016; policies 1.1(e), 1.1(f) 1.1(g) and 1.1(h) of Ealing’s adopted Development (or Core) Strategy 2026 DPD, 2012.
7. Servicing Management Plan
Notwithstanding the details submitted, prior to first occupation of any of the commercial parts of the development, a Servicing Management Plan shall be submitted to and approved in writing by the Council. Details shall include hours of use, times and frequency of activities/uses, deliveries and collections, vehicle movements, silent reversing methods, location of loading bays, quiet loading/unloading measures.
Reason: In the interests of the living conditions of the future occupiers of the site in accordance with policies 1.1 and 1.2 of the Ealing Development (Core) Strategy (2012), policies 7A & 7B of the Ealing Development Management Development Plan Document (2013), policy 7.15 of The London Plan (2016), Ealing SPG10 and the National Planning Policy Framework (2012).
8. Site Waste Management Plan
Prior to the occupation of each phase of the development, a Site Waste Management Plan, shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure sustainable procurement of materials which minimises the negative environmental impacts of construction in accordance with policies 5.3 and 5.18 of the adopted London Plan 2016, policies 1.1 (k) and 1.2 (f) of the adopted Ealing Development
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(or Core) Strategy 2026 DPD, 2012 and interim guidance in Ealing’s SPG4 ‘Storing waste for recycling and disposal.
9. Cycle Parking Provision
Prior to commencement of the relevant part of the development (excluding demolition and site preparation) details of the layout, design and appearance (shown in context) of the bicycle storage area(s) shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure adequate cycle parking is available and easily accessible on site and to promote sustainable modes of transport in accordance with policy 6.9 of the London Plan 2016, policies 1.1(g) of the adopted Ealing Development (or Core) Strategy 2026 DPD, 2012.
10. Details of Boundary Treatments
Prior to the commencement of the relevant part of the development (excluding demolition and site preparation), details of the boundary treatments and means of enclosure to the communal terraces (including railings, walls, fences and gates) for the site, shall be submitted for the approval of the local planning authority and the measures approved shall be provided prior to the first occupation of the development and retained thereafter.
Reason: To protect the appearance and security of the area in accordance with policy 7.3 of the adopted London Plan (2016), policy 1.1(h) of the adopted Ealing Development (or Core) Strategy 2026 DPD, 2012 and policies 7.3, 7.4 and 7B of the adopted Ealing Development Management DPD (2013).
11. Insulation of Building Envelopes for Residential Units
Details shall be submitted for approval of the Local Planning Authority before the relevant part of the development of each phase is commenced (excluding demolition and site preparation) for the insulation of the building envelope, with windows shut and other means of ventilation provided, which will achieve the internal criteria for sensitive rooms, as specified in the London Borough of Ealing Supplementary Planning Guidance 10. The details should also include the provision of alternative means of ventilation in accordance with the Authority’s criteria.
Reason: To safeguard the future and adjoining occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan 2016, policies 1.1(j) of the adopted Ealing Development (or Core) Strategy 2026 DPD, 2012; Local Variation policy 3.5 and policy 7A of the adopted Ealing Development Management DPD, 2013.
12. Insulation Between Ground Floor Commercial Uses (A1/A2/A3/A4/A5/B1/D1/D2) Plant room and Dwellings Above
Details shall be submitted for approval of the Local Planning Authority before the relevant part of the development of each phase is commenced (excluding demolition and site preparation) for the insulation of the floor/ceiling between the commercial premises, Plantroom and the dwellings above to demonstrate that an acoustic standard not exceeding NR 25 Leq 5mins, (octaves) or NR 20 Leq 5mins, (one-third octaves) will be met inside a bedroom and NR 30 Leq,5mins (octaves), 0r NR 25 Leq,5mins (one-third octaves), inside a living room when noise is generated from the commercial use or Plant room.
Reason: To safeguard the future and adjoining occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan 2016, policies 1.1(j) of the adopted Ealing Development (or Core) Strategy 2026 DPD,
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2012; Local Variation policy 3.5 and policy 7A of the adopted Ealing Development Management DPD 2013.
13. Insulation Between Ground Floor/First Floor D2 Gymnasium Use and Dwellings Above
Details shall be submitted for approval of the Local Planning Authority before the relevant part of the phase of development is commenced (excluding demolition and site preparation) for the D2 Gym use of the insulation and anti-vibration works to the floors, walls and ceiling, forming transmission paths with dwellings shall be submitted for the approval of the Local Planning Authority, to demonstrate that the works are sufficient to prevent disturbance from airborne noise transmission, including amplified music and also structure borne vibration and noise. The works shall meet the criteria set at SPG10 as measured or predicted within attached dwellings or at the façade of surrounding dwellings. The approved insulation and anti-vibration measures shall be implemented before occupation of the D2 use shall be retained permanently.
Reason: To safeguard the future and adjoining occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan 2016, policies 1.1(j) of the adopted Ealing Development (or Core) Strategy 2026 DPD, 2012; Local Variation policy 3.5 and policy 7A of the adopted Ealing Development Management DPD 2013.
14. Noise From External Plant
Prior to occupation of the residential units of each phase of the development, details shall be submitted for the approval of the Local Planning Authority to demonstrate that the rating sound level emitted from the proposed external plant and machinery at the proposed development, as assessed under BS4142: 2014, will not exceed the existing background sound level, as measured at the nearest noise sensitive facades, during the relevant periods of operation.
Reason: To safeguard the future and adjoining occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan 2016, policies 1.1(j) of the adopted Ealing Development (or Core) Strategy 2026 DPD, 2012; Local Variation policy 3.5 and policy 7A of the adopted Ealing Development Management DPD, 2013.
15. Building Emissions for Commercial Use Prior to occupation of the relevant part of the development, details shall be submitted for the approval of the Local Planning Authority to demonstrate that the development complies with the air quality neutral building emissions benchmarks for the A1, A3, D1, D2 commercial use as stated in Appendix 5 of the Sustainable Design and Construction (2014) supplementary planning guidance, London Plan 2011.
Reason: In the interest of addressing climate change and to secure sustainable development in accordance with policies 5.1, 5.2, 5.3 and 5.9 of the adopted London Plan (2016) and policies 1.1(k) and 1.2(f) of the adopted Ealing Development (ort Core) Strategy 2026 DPD (2012) and policy 5.2 of the adopted Ealing Development Management DPD (2013).
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16. Refuse Storage
The refuse and recycling storage enclosures hereby approved shall be fully implemented and made available for use prior to first occupation of the relevant part of the development
Reason: In the interests of the adequate disposal, storage and collection of waste and recycling, to protect the living conditions of occupiers of the area and in the interests of highway and pedestrian safety all in accordance with policies 1.1, 1.2 & 3.8 of the adopted Ealing Development (or Core) Strategy 2026 DPD, (2012), policies 3.5, 7A, & 7B of the adopted Ealing Development Management Development Plan Document (2013), policies 5.16, 6.3 & 7.15 of the London Plan (2016), and the National Planning Policy Framework (2012).
17. HS2
None of the development hereby permitted shall be commenced (excluding demolition and site preparation) until detailed design and construction method statements have been submitted to and approved in writing by the Local Planning Authority in liaison with HS2 Ltd. The design and method statement/s to be submitted, shall include arrangements to secure that, during any period when concurrent construction is taking place of both the development hereby permitted and of the HS2 works, the construction of the HS2 works are not impeded. The scheme hereby approved shall not be implemented other than in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority in liaison with HS2 Ltd.
Reason: To safeguard the HS2 Phase One programme and to protect HS2 assets.
18. Emissions From CHP Plant
Prior to the commencement of the relevant part of the phase of development (excluding demolition and site preparation) details shall be submitted for approval to the local planning authority to demonstrate the installed CHP plant complies with a minimum NOx Emission Standard of 95 mg/Nm -3 (at Reference O2). The works, as approved, shall be completed prior to occupation and thereafter permanently retained.
Reason: To monitor the effectiveness of the equipment in order to confirm compliance with energy policies and establish an evidence base on the performance of such equipment in accordance with policies 5.2, 5.3, 5.5, 5.6 and 5.7 of the London Plan 2016, adopted Ealing’s Development (or Core) Strategy 2026 DPD (2012) and Development Management DPD (2013).
19. Contaminated Land
Prior to the commencement of any works on site (except demolition and site clearance) the following shall be submitted to and approved in writing by the Local Planning Authority: (a) An intrusive contaminated land investigation and risk assessment of the site. This shall be carried out in accordance with BS10175:2011+A1:2013 and CR11 guidance to assess the nature and extent of any contamination on the site. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. (b) A remediation (de-contamination) strategy and implementation plan to bring the site to a condition suitable for the intended end use. It shall include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the
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site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. Prior to the occupation of any properties on site following completion of measures identified in the approved remediation (de-contamination) scheme part (b) and the following shall be submitted to and approved in writing by the Local Planning Authority (c) A verification report that demonstrates the completion of measures identified in the approved contamination remediation scheme shall be produced. The report shall be compiled in accordance with the Environment Agency guidance ‘Verification of Remediation of Land Contamination’, Report: SC030114/R1’.
Reason: To ensure that the site is not hazardous in the interest of public health and safety, in accordance with policy 5.21 of the adopted London Plan (2016), policy 1.1(e), of the adopted Ealing Development (or Core) Strategy 2026 DPD (2012), and policy 5.21 of the adopted Ealing Development Management DPD (2013).
20. Sustainable Drainage Strategy
No development shall commence aside from demolition, site preparation and substructure works on the relevant part of the development phase, until a drainage strategy detailing any on/off site drainage works, has been submitted to and approved by the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.
Reason: The development may lead to sewerage flooding; to ensure that sufficient capacity is made available to cope with the new development and in order to avoid adverse environmental impact upon the community accordance with policy 5.13 of the adopted London Plan (2016) and policies 1.1(e) and 1.2(m) of the adopted Ealing Development (or Core) Strategy 2026 DPD (2012) and policy 5.12 of the adopted Ealing Development Management DPD (2013).
21. Children’s Playspace/ Features
Prior to first occupation of the relevant part of the development, details of the children’s play areas (including play equipment, landscaping, boundary treatment, disabled access and security measures) shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented and completed as approved prior to first occupation of the relevant part of the residential development that the facilities serve, and retained for the life of the development unless otherwise agreed in writing by the Local Planning Authority.
Reason: To ensure that adequate on-site space for young children to play is provided on site in connection with the proposed residential accommodation, in accordance with policies 3.5, 3.6, 5.3 and 7.2 of the adopted London Plan 2016, the Mayor’s Supplementary Planning Guidance on Play and Informal Recreation, policies 1.1(e) and (i), 1.2 (d), 5.5, 6.2 & 6.3 of the adopted Ealing Development (or Core) Strategy 2026 DPD (2012) and policies 3.5, 7B and 7D of the adopted Ealing Development Management DPD (2013).
22. Energy Strategy for residential
(A) Notwithstanding the Environmental Sustainability Statement Rev 4 (15 June 2017) and additional information submitted in 24 October 2017 prepared by Aecom submitted with the application, within 6 months from the commencement of the substructure works of the
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Planning Committee 23/05/2018 Schedule Item No. 03 residential units within the development, other than site preparation, remediation and / or the formation of accesses, a revised report, which includes full details and drawings of the energy saving measures that are to be incorporated into the residential component of the development which demonstrates whether all dwellings hereby approved will achieve zero carbon in regulated CO2 emissions over and beyond Building Regulations Part L 2013 shall be submitted to, and approved in writing by the local planning authority. Compliance with the emissions saving target may be shown based on the calculation of carbon savings at the time that the dwellings are connected to the area wide heat network. The Energy Strategy should be based on the provision of a communal heating system comprising a heat-only boiler.
In demonstrating compliance with this percentage reduction the applicant should consider the use of measures in line with the Energy Hierarchy including the incorporation of on-site renewables. This reduction should be calculated based on carbon dioxide emissions covered by the Building Regulations whilst carbon dioxide emissions associated with other energy uses not covered by Building Regulations (un-regulated) should be also included and measures to reduce them should be demonstrated.
(B) Within three-months of the first occupation of each dwelling in the approved development, Energy Performance Certificates [EPC’s], detailed modelling output reports showing clearly the DER and TER from the “as built stage” to confirm compliance in terms of savings achieved through energy efficiency measures should be also submitted for written approval by the Local Authority.
(C) Within three-months of the practical completion of the dwellings, technical information and evidence that the renewable/low carbon technologies are certified under the Microgeneration Certification Scheme (MSC) and, if appropriate, complies with the Enhanced Capital Allowances (ECS) product criteria should be submitted.
The development shall be carried out strictly in accordance with the details so approved.
Reason: To ensure that the dwellings within the development hereby approved are energy efficient and to contribute to the avoidance of need for new fossil fuel or other primary energy generation capacity and to reduce emissions of greenhouse gases and to minimise the impact of building emissions on local air quality in the interests of health, in accordance with policies 3.2, 5.3, 5.5, 5.6 and 7.14 of the London Plan 2016, policies 1.1(e), 1.1(j), 1.1(k) and 1.2(f) of Ealing’s adopted Development (or Core) Strategy 2026 DPD, 2012: policies LV5.2 and 7A of Ealing’s adopted Development Management DPD, 2013 and the Mayor’s Sustainable Design and Construction SPG.
23 Energy Strategy for non-residential units
(A) Notwithstanding the Environmental Sustainability Statement Rev 4 (15 June 2017) and additional information submitted in 24 October 2017 prepared by Aecom submitted with the application, within 6 months from the commencement of the substructure works of the non- residential units within the development, other than site preparation, remediation and / or the formation of accesses, a revised report, which includes full details and drawings of the energy saving measures that are to be incorporated into each non-residential unit of the development which demonstrates that the non-residential units hereby approved will achieve an overall reduction in regulated carbon dioxide emissions by 35% over and beyond Building Regulations Part L 2013 shall be submitted to, and approved in writing by the local planning authority. The Energy Strategy should be based on the provision of connection to the communal heating system and details for how this will be facilitated should be demonstrated.
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In demonstrating compliance with this percentage reduction the applicant should consider the use of measures in line with the Energy Hierarchy including the incorporation of on-site renewables. This reduction should be calculated based on carbon dioxide emissions covered by the Building Regulations whilst carbon dioxide emissions associated with other energy uses not covered by Building Regulations (un-regulated) should be also included and measures to reduce them should be demonstrated.
(B) Within three-months of the first occupation of each non-residential unit in the approved development, Energy Performance Certificates [EPC’s], detailed modelling output reports showing clearly the BER and TER from the “as built stage” to confirm compliance in terms of savings achieved through energy efficiency measures should be also submitted for written approval by the Local Authority.
(C) Within three-months of the practical completion of the each non-residential unit, technical information and evidence that the renewable/low carbon technologies are certified under the Microgeneration Certification Scheme (MSC) and, if appropriate, complies with the Enhanced Capital Allowances (ECS) product criteria should be submitted.
The development shall be carried out strictly in accordance with the details so approved.
Reason: To ensure that the non-residential units within the development hereby approved are energy efficient and to contribute to the avoidance of need for new fossil fuel or other primary energy generation capacity and to reduce emissions of greenhouse gases and to minimise the impact of building emissions on local air quality in the interests of health, in accordance with policies 3.2, 5.3, 5.5, 5.6 and 7.14 of the London Plan 2016, policies 1.1(e), 1.1(j), 1.1(k) and 1.2(f) of Ealing’s adopted Development (or Core) Strategy 2026 DPD, 2012; policies LV5.2 and 7A of Ealing’s adopted Development Management DPD, 2013 and the Mayor’s Sustainable Design and Construction SPG.
24. Energy Centre
The single energy centre, as shown on plan (drawing number (03)-P-0B0 Rev F – Energy Centre Layout issued 17 March 2017), hereby approved shall be installed and operational prior to the first occupation of the development and shall thereafter serve all dwellings within the different blocks and non-residential components within the different blocks designed to connect to the single energy centre within the development as shown in plan with drawing number (03-P-0B0 Rev F –Pipework Layout issued 17 March 2017) and approved Environmental Sustainability Statement Rev 4 (15 June 2017) and additional information submitted in 24 October 2017 prepared by Aecom.
Reason: In the interest of securing the centralised energy centre for the site and its sustainable connection of the development in accordance with policies 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan 2016 and the adopted Ealing Development (or Core) Strategy 2026, DPD (April 2012).
25. Energy Centre / temporary plant rooms – district heating
Prior to occupation of the development including residential and non-residential components of the approved development the following details should be submitted to the Local Planning Authority for written approval: a) details of the plant room(s), including their size, layout and location, size of boilers and details of the flue;
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Planning Committee 23/05/2018 Schedule Item No. 03 b) details of the pipe network (including the size and route, flow and return temperatures, total length of the heat network in metres (flow and return) distribution and transmission, diagram route, total plant heating capacity, total heat generated, total heat supplied to premises) for the connection of all domestic and non-domestic components into the site wide district heating network. c) details of schematic of the site wide heat network showing all apartments connected into it d) details of the floor plan showing the layout of the plant in the energy centre and how it is designed to facilitate connection to an offsite heat network. e) details and plans of how the non-residential units will be designed to connect to the single energy centre and offsite heat network. f) details of the HIU including specifications, type and efficiency. g) consideration and demonstration of the installation of a point of external connection within the energy centre. h) All boilers accommodated in the single energy centre and any other temporary plant room(s) to serve the energy requirements of the development should use Ultra low- NOx boilers with maximum NOx Emissions with maximum NOx Emissions of under 0.030 g/kWh. i) The district heating network shall be designed in accordance with Heat Networks: Code of Practice for the UK.
The development shall be carried out in accordance with the approved details.
Reason: To secure the measures set out within the approved Environmental Sustainability Statement Rev 4 (15 June 2017) and additional information submitted in 24 October 2017 prepared by Aecom and to ensure that the single energy plant room is designed in a manner which allows for the future connection to an offsite district heat network, and to ensure that the development contributes to reducing the use of fossil fuel or other primary energy generation capacity, and to reduce emissions of greenhouse gases in accordance with policies 5.3, 5.5 and 5.6 of the London Plan 2016; policies 1.1(k) and 1.2(f) of Ealing’s adopted Development (or Core) Strategy 2026 DPD, 2012; policy LV5.2 of Ealing’s adopted Development Management DPD, 2013 and the Mayor’s Sustainable Design and Construction SPG.
26. Renewable/Low Carbon (&CO2) Energy Monitoring
Upon final completion of the development and prior to occupation, suitable devices for monitoring either the renewable/low-carbon energy technology(ies) incorporated into the development and/or heat and electricity imported into the site shall be installed. The monitored data shall be submitted to the local planning authority at daily intervals for a period of three years from final completion. The installation of the monitoring devices should be in a compatible format and the submission of the data shall be carried out in accordance with the Council's approved specifications as indicated in Automated Energy (& CO2) Monitoring Platform [AEMP] document.
Reason: To monitor the effectiveness of the renewable/low carbon energy equipment in order to confirm compliance with energy policies and establish an evidence base on the performance of such equipment in accordance with policies 5.2, 5.3, 5.5, 5.6 and 5.7 of the
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London Plan 2016, the adopted Ealing Development (or Core) Strategy 2026 DPD, 2012 and Development Management DPD, 2013.
27. BREEAM Non-Residential Standard
Each non-residential unit proposed within the approved development should be registered with the Building Research Establishment (BRE), achieve BREEAM Rating Very Good and make reasonable endeavours to achieve Excellent (based on the latest BREEAM Technical guidance).
(A) Within 3 months of the completion of each non-residential unit of the development, evidence that the development is registered with Building Research Establishment (BRE) under the most up to date BREEAM Technical Guidance and Interim BREEAM Assessment and related Certification verified by the BRE shall be submitted to the Local Planning Authority for written approval.
(B) Within 3 months from the date of first occupation of each non-residential unit of the development, BREEAM 'Post Construction Stage' Assessment and related Certification verified by the BRE, should be submitted to the Local Planning Authority for written approval confirming the BREEAM standard and measures have been implemented.
Following any approval of a 'Post Construction Stage' assessment and certificate of the development, the approved measures and technologies to achieve the BREEAM Very Good or higher standard shall be retained in working order for the lifetime of the development.
Reason: In the interest of addressing climate change and to secure sustainable development in accordance with policies 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan (2016); policies 1.1(k) and 1.2(f) of Ealing’s adopted Development (or Core) Strategy 2026 DPD, 2012 and policies 5.2 and 7A of Ealing’s adopted Development Management DPD, 2013.
28. Sustainable Design and Construction Standards
Upon the first occupation of the development including residential and non-residential units, the approved development shall incorporate sustainability measures as detailed in the approved Environmental Sustainability Statement Rev 4 (15 June 2017) prepared by Aecom.
Reason: In the interest of addressing climate change and to secure sustainable development in accordance with policies 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan 2016; policies LV5.2 and 7A of Ealing’s adopted Development Management DPD, 2013 and policies 1.1(k) and 1.2(f) of Ealing’s adopted Development (or Core) Strategy 2026 DPD, 2012.
29. Water Efficiency for dwellings
Prior to commencement of the development proposing the construction of residential units, a water efficiency statement shall be submitted to the Local Planning Authority demonstrating all measures that will be incorporated to ensure that the residential units will meet water efficiency standards with a maximum water use target of 105 litres of water per person per day. Development shall proceed in accordance with the approved water efficiency statement.
Reason: To ensure the sustainable use of water, in accordance with policy 5.15 of the London Plan 2016.
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30. Overheating and Cooling for the non-residential units
Six months prior to occupation of each of the non-residential units of the approved development, the details of the dynamic thermal modelling using the guidance and criteria provided in CIBSE TM49 & TM52 and demonstrating how the specific unit performs against and even exceed the overheating criteria, shall be submitted to the Local Planning Authority for written approval. The details of any additional measures to be incorporated into the development to minimise the risk of overheating (without active cooling) shall also be submitted and evidence that these measures can be incorporated into the development if the dynamic thermal modelling demonstrates that overheating would occur. Compliance with Criterion 3 of the Building Regulations should also be demonstrated. Each non-residential unit shall thereafter be provided in accordance with the approved details.
Reason: To ensure that each non-residential unit hereby approved is energy efficient and to reduce the risk of overheating in line with policy 5.9 of the London Plan 2016; the adopted Ealing Development (or Core) Strategy 2026 DPD, 2012 and the adopted Ealing Development Management DPD, 2013.
31. Overheating and Cooling for dwellings
Notwithstanding the information submitted in support of the application, within 6 months from the commencement of the superstructure works of the residential units within the development, the details of the dynamic thermal modelling, being applied to a range of dwellings including top, middle and ground floor using the guidance and criteria provided in CIBSE TM49 & TM52 and demonstrating how these units perform against and even exceed the overheating criteria, shall be submitted to the Local Planning Authority for written approval. The details of any additional measures to be incorporated into the dwellings to minimise the risk of overheating (without active cooling) shall also be submitted and evidence that these measures can be incorporated into the development if the dynamic thermal modelling demonstrates that overheating would occur. Compliance with Criterion 3 of the Building Regulations should also be demonstrated. The dwellings shall thereafter be provided in accordance with the approved details.
Reason: To ensure that the dwellings hereby approved are energy efficient and to reduce the risk of overheating in line with policy 5.9 of the London Plan 2016, the Ealing adopted Development (or Core) Strategy 2026 DPD, 2012 and Development Management DPD (2013).
32. Emissions
Building Emissions for residential Units: Prior to occupation details shall be submitted for the approval of the Local Planning Authority to demonstrate that the development complies with the air quality neutral building emissions benchmarks for the proposed C3 use as stated in Appendix 5 of the Sustainable Design and Construction (2014) supplementary planning guidance, London Plan 2011.
Reason: In the interest of addressing climate change and to secure sustainable development in accordance with policies 5.1, 5.2, 5.3 and 5.9 of the adopted London Plan (2016) and policies 1.1(k) and 1.2(f) of the adopted Ealing Development (or Core) Strategy 2026 DPD (2012) and policy 5.2 of the adopted Ealing Development Management DPD (2013).
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33. Emissions
Building Emissions for commercial use Prior to occupation details shall be submitted for the approval of the Local Planning Authority to demonstrate that the development complies with the air quality neutral building emissions benchmarks for the A1, A3, A5, D1 and D2 commercial use as stated in Appendix 5 of the Sustainable Design and Construction (2014) supplementary planning guidance, London Plan 2011.
Reason: In the interest of addressing climate change and to secure sustainable development in accordance with policies 5.1, 5.2, 5.3 and 5.9 of the adopted London Plan (2016) and policies 1.1(k) and 1.2(f) of the adopted Ealing Development Strategy (2012) and policy 5.2 of the adopted Ealing Development Management DPD (2013).
34. Odour Abatement
Details shall be submitted for the approval of the Local Planning Authority, prior to the operation of the relevant unit, for the installation, operation, and maintenance of the best practicable cooking extract system, including the provision of a suitable extract fan, odour control equipment, with a vertical discharge terminus without any cap or cover, at a minimum of 1.5 metres above the highest roof eaves of the building. The details shall satisfy the advice at “DEFRA, 2005: Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems”. The system, as approved, shall be completed before occupation and thereafter permanently retained and maintained.
Reason: To safeguard the future and adjoining occupiers of the development against unacceptable light polution disturbance, in accordance with policies 3.5 and 7.15 of the London Plan 2016; policies 1.1(j) of the Ealing Development (or Core) Strategy 2026 DPD, 2012, Local Variation policy 3.5 and policy 7A of Ealing’s Development Management DPD 2013.
35. Piling Method Statement
No impact piling shall take place until a piling method statement (detailing the type of piling to be undertaken and the methodology by which such piling shall be carried out, including measures to minimise the potential for damage to subsurface water or sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority and the relevant water or sewerage undertaker. Any piling must be undertaken in accordance with the terms of the approved piling method statement unless otherwise agreed by the Local Planning Authority.
Reason: The proposed works would be in close proximity to underground water and sewerage utility infrastructure, which needs to be safeguarded in accordance with policies 5.14 and 5.15 of the adopted London Plan (2016).
36. No Masts/Satellite Dishes or External Equipment
No microwave masts, antennae or satellite dishes or any other plant or equipment shall be installed on any of the buildings containing flats hereby permitted unless otherwise approved in writing by the Local Planning Authority.
Reason: To safeguard the appearance of the buildings in the interests of visual amenity in accordance with policy 1.1(h) of the Ealing Development (or Core) Strategy 2026 DPD
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(2012), Local Variation policies 3.5 and 7.4 and policies 7B and 7C of the adopted Ealing Development Management Development Plan Document (2013).
37. Bicycle & Wheelchair Accessible Lifts
Prior to the commencement of the relevant part of each phase of the development full details of the proposed public bicycle and wheelchair accessible lifts shall be submitted to and approved by the Local Planning Authority. The lifts as approved shall be installed and operational prior to the first occupation of the relevant part of the development to which the lift serves.
Reason: To ensure that adequate access is provided to all parts of the development for all occupiers and visitors including those with disabilities, in accordance with policies 3.5, 3.8, and 7.2 of the adopted London Plan (2016); policy 1.1(h) of the adopted Ealing Development (or Core) Strategy 2026 DPD (2012), policy 7B of the adopted Ealing Development Management DPD (2013) and the interim guidance within Ealing’s SPG ‘Accessible Ealing’ dated October 2012.
38. Regulation of Hours for A1/A3/ A5 Uses
The hours of business for the A1, A2, A3, A4 and A5 use of the building shall be restricted to the period 0600 – 23:00 hours Monday to Thursday and 0800 hours until 0000 hrs Friday, Saturday and Sunday.
Reason: To safeguard the amenities of local residents in accordance with policy 7A of the adopted Ealing Development Management Development Plan Document (2013).
39. External Lighting
The proposed external lighting scheme shall be designed to reduce light spill to nearby residents, and road users and where applicable the recommendations of the following guidance shall be met:
ILP Guidance Notes for the reduction of Obtrusive Lighting 2011. Institution of Lighting Professionals Technical Report PLG05, Brightness of Illuminated advertisements, 2015. CIE Technical Report- Guide on the Limitation of the Effects of Obtrusive Light from Outdoor Lighting Installations - CIE 150: 2003. Statutory Nuisance from Insects and Artificial Light by Department of Environment Food. Guidance on sections 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005, Defra
Reason: To provide a safe and secure external environment and to safeguard the amenities of future occupiers of the development and surrounding properties in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(h) & (j) & 1.2(f) of the Ealing Development (or Core) Strategy (2012) and with policy 7.3 of the Ealing Development Management Development Plan Document (2013) and Ealing Supplementary Planning Guidance (SPG) Note 8: Safer Ealing.
40. Secured by Design
Prior to the commencement of the development, (except for demolition, enabling works and site preparation works) a statement shall be submitted for the approval of the Local Planning Authority to demonstrate how Secured By Design requirements are to be adequately achieved. The development shall be implemented only in accordance with the approved
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Reason: In the interest of the safety of the future occupiers and visitors to the premises, in accordance with policies 3.5, 7.3,7.4, 7.5 and 7.6 of the London Plan (2016), policies 1.1 & 1.2 of the Ealing Development (or Core) Strategy 2026 DPD (2012) and policy 7.3 of the Ealing Development Management DPD (2013).
41. Aviation
No construction shall commence on site, unless there has been submitted to and approved in writing by the Local Planning Authority and by the Radar Operator - NATS (En-route) plc, either: - detailed plans for the proposed buildings in that individual phase, demonstrating that there would be no detrimental impact upon the operation of the Heathrow H10 SSR Radar; or, - details of a ‘Radar Mitigation Scheme’ (including a timetable for its implementation during construction) to mitigate any detrimental impact upon the Heathrow H10 SSR Radar.
Reason: In the interests of Air Traffic Safety and of the operations of NATS En-route PLC.
42. Where a ‘Radar Mitigation Scheme’ has been required, no construction above 10m above ground level shall take place on site, unless the ‘Radar Mitigation Scheme’ has been implemented. Development shall not take place other than in complete accordance with such a scheme as so approved unless the planning authority and NATS (En-route) plc have given written consent for a variation.
Reason: In the interests of Air Traffic Safety and of the operations of NATS En-route PLC.
43. No construction work shall commence on site until the Developer has agreed a “Crane Operation Plan” which has been submitted to and has been approved in writing by the Local Planning Authority in consultation with the “Radar Operator”. Construction at the site shall only thereafter be operated in accordance with the approved “Crane Operation Plan”. Reason: In the interests of Air Traffic Safety and of the operations of NATS En-route PLC. 44. No development shall take place until Mitigation has been agreed and put in place to ensure that the proposed development will have no adverse impact on the H10 radar at Heathrow Airport.
Reason: To ensure that the development does not endanger the safe movement of aircraft or the operation of Heathrow Airport through interference with communication, navigational aids and surveillance equipment.
45. Development shall not commence until a construction management strategy has been submitted to and approved in writing by the Local Planning Authority covering the application site and any adjoining land which will be used during the construction period. Such a strategy shall include the following matters: Details of cranes and other tall construction equipment (including the details of obstacle lighting) - Such schemes shall comply with Advice Note 4 ‘Cranes and other Construction Issues’ (available at www.aoa.org.uk/policy-campaigns/operations-safety). The approved Strategy (or any variation approved in writing by the Local Planning Authority) shall be implemented for the duration of the construction period.
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Reason: To ensure that the development does not endanger the safe movement of aircraft or the operation of Heathrow Airport through interference with Communication, navigational aids and surveillance equipment.
Informatives:
1. The decision to grant consent has been taken by the Council’s Planning Committee, taking account of the relevant National, Strategic and Local Planning policies and the information provided in the application submission. It was considered that the proposals represented a satisfactory form and scale of development that would achieve an acceptable balance between the regeneration of this accessible site for a residential led mixed use (commercial and residential) scheme without causing significant harm to the living conditions for surrounding residents and prevailing traffic and highway conditions. It was considered that the adverse impacts resulting from the development can be acceptably mitigated and secured within the S.106 agreement and planning conditions. It is considered that the proposed development would broadly accord with the policies contained within the adopted Development Plan, comprising the National Planning Policy Framework (NPPF), London Plan 2016, the Ealing Development (or Core) Strategy 2026 Development Plan Document, 2012, the Ealing Development Management Development Plan Document (2013), the Ealing Development Sites Development Plan Document (December 2013), the Old Oak and Park Royal Opportunity Area Planning Framework (November 2015) and the Old Oak and Park Royal Development Corporation (OPDC) Draft Local Plan Regulation19 (June 2017) and the Draft NPPF (March 2018).
The relevant policies include:
National Planning Policy Framework (2012)
1. Building a Strong, Competitive Economy; 4. Promoting Sustainable Transport; 6. Delivering a wide choice of high quality homes; 7. Requiring Good Design; 8. Promoting Healthy Communities; 10. Meeting the Challenge of Climate Change, Flooding and Coastal Change; 11. Conserving and Enhancing the Natural Environment; Plan-Making Decision-Taking Annex 1: Implementation
Fixing our Broken Housing Market, Housing White Paper, February 2017
Consultation Draft London Plan, November 2017
The Plan is not currently entitled to weight as a material consideration given it is only at consultation draft stage and the policies below have not been examined. The Plan and its policies will acquire greater weight as it progresses through the adoption process.
GG1 – Building strong and inclusive communities GG2 – Making the best use of land GG3 – Creating a healthy city GG4 – Delivering the homes Londoners need GG5 – Growing a good economy GG6 – Increasing efficiency and resilience SD1 – Opportunity Areas SD6 – Town centres SD7 - Town centre network
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SD8 – Town centres: development principles and Development Plan Documents SD9 – Town centres: Local partnerships and implementation SD10 – Strategic and local regeneration D1 – London’s form and characteristics D2 – Delivering good design D3 – Inclusive design D4 – Housing Quality D5 – Accessible housing D6 – Optimising housing density D7 – Public realm D8 – Tall buildings D10 – Safety, security and resilience to emergency D11 – Fire safety D12 – Agent of change D13 – Noise H1 – Increasing Housing Supply H3 – Monitoring housing targets H5 – Delivering Affordable Housing H6 – Threshold Approach to Applications H7 – Affordable Housing Tenure H8 – Monitoring of affordable housing H12 – Housing Size Mix H13 – Build to rent S1 – Developing London’s social infrastructure S2 – Health and social care facilities S3 – Education and childcare facilities S4 – Play and Informal Recreation E11 – Skills and opportunities for all HC1 – Heritage conservation and growth G5 – Urban greening G6 – Biodiversity and access to nature G7 – Trees and woodlands SI1 – Improving air quality SI2 – Minim T6.1 – Residential parking ising greenhouse gas emissions SI3 – Energy infrastructure SI4 – Managing heat risk SI5 – Water infrastructure SI7 – Reducing waste and supporting the circular economy SI13 – Sustainable drainage T1 – Strategic approach to transport T2 – Healthy Streets T3 – Transport capacity, connectivity and safeguarding T4 – Assessing and mitigating transport impacts T5 – Cycling T6 – Car parking T6.1 – Residential parking T6.2 – Office parking T6.3 – Retail parking T6.4 – Hotel and leisure uses parking T6.5 – Non-residential disabled persons parking T7 – Freight and servicing T9 – Funding transport infrastructure through planning DF1 Delivery of the Plan and Planning Obligations M1 - Monitoring
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London Plan 2016
2.6 Outer London: Vision and Strategy 2.7 Outer London: Outer London: Economy 2.8 Outer London: Transport 2.13 Opportunity Areas and Intensification Areas 3.1 Ensuring Equal Life Chances for All 3.2 Improving Health and Addressing Health Inequalities 3.3 Increasing Housing supply 3.4 Optimising Housing Potential 3.5 Quality and design of housing developments 3.6 Children and Young People’s Play and Informal Recreation Facilities 3.7 Large residential Developments 3.8 Housing Choice 3.9 Mixed and Balanced Communities 3.10 Definition of Affordable Housing 3.11 Affordable Housing Targets 3.12 Negotiating Affordable Housing on Individual Private Residential and Mixed Use Schemes 3.13 Affordable Housing Thresholds 3.15 Co-Ordination of Housing Development and Investment 3.18 Education Facilities 4.1 Developing London’s Economy 4.3 Mixed Use Development and Offices 4.6 Support for and Enhancement of Arts, Culture, Sport and Entertainment 4.12 Improving Opportunities For All 5.1 Climate Change Mitigation 5.2 Minimising Carbon Dioxide Emissions 5.3 Sustainable Design and Construction 5.4A Electricity and Gas Supply 5.5 Decentralised Energy Networks 5.6 Decentralised Energy in Development Proposals 5.7 Renewable Energy 5.8 Innovative Energy Technologies 5.9 Overheating and Cooling 5.10 Urban Greening 5.11 Green Roofs and Development Site Environs 5.12 Flood Risk Management 5.13 Sustainable Drainage 5.14 Water Quality and Wastewater Infrastructure 5.15 Water Use and Supplies 5.16 Waste Net Self Sufficiency 5.18 Construction, Excavation and Demolition Waste 5.21 Contaminated Land 5.22 Hazardous Substances and Installations 6.1 Strategic Approach 6.2 Providing Public Transport Capacity for Safeguarding Land for Transport 6.3 Assessing Effects of Development on Transport Capacity 6.5 Funding Crossrail and other Strategically Important Transport Infrastructure 6.7 Better Streets and Surface Transport 6.9 Cycling 6.10 Walking 6.11 Smoothing Traffic Flow and Tackling Congestion 6.12 Road Network Capacity
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6.13 Parking 7.1 Lifetime Neighbourhoods 7.2 An Inclusive Environment 7.3 Designing Out Crime 7.4 Local Character 7.5 Public Realm 7.6 Architecture 7.7 Location and Design of Tall and Large Buildings 7.13 Safety, Security and Resilience to Emergency 7.14 Improving Air Quality 7.15 Reducing and managing Noise, Improving and Enhancing the acoustic environment and promoting appropriate Soundscapes 7.18 Protecting Open Space and Addressing Deficiency 7.19 Biodiversity and Access to Nature 7.21 Trees and Woodlands 7.24 Blue Ribbon Network 7.25 Increasing the Use of the Blue Ribbon Network for passengers and tourism Implementation Monitoring and Review 8.1 Implementation 8.2 Planning Obligations 8.3 Community Infrastructure Levy
Annex 27. Old Oak Common Opportunity Area Planning Framework
Mayor of London Supplementary Planning Guidance
Housing (November 2012) Use of planning obligations in the funding of Crossrail and the Mayoral CIL (April 2013) Sustainable Design & Construction (April 2014) Draft Social Infrastructure (May 2014) The Control of Dust and Emissions during Construction and Demolition (July 2014) Accessible London: Achieving an Inclusive Environment (October 2014) Housing Standards Policy Transition Statement : Implementation (October 2015) Affordable Housing and Viability (August 2017)
Old Oak and Park Royal Mayoral Development Corporation
Old Oak and Park Royal Opportunity Area Planning Framework (November 2015) OPDC Draft Local Plan Regulation19 (June 2017)
Ealing Development (or Core) Strategy 2026 Development Plan Document, 2012
Chapter 1 - Vision for Ealing 2026 1.1 Spatial Vision for Ealing (a), (b), (c), (e), (f), (g), (h), (i), (j), (k) 1.2 Delivery of the Vision for Ealing 2026 (a), (b), (d), (e), (f), (g), (h), (i), (k), (m) Chapter 3 - Development in the A40 Corridor & Park Royal 3.1 Realising the Potential of the A40 Corridor & Park Royal (a), (b), (d), (e) 3.4 Southern Gateway, Park Royal (a), (b), (c), (d)
Chapter 5 – Protecting and enhancing Ealing’s Green and Open Spaces 5.5 Promoting Parks, Local Green Space and Addressing Deficiency (b) Chapter 6 – Ensuring Sustainable Delivery 6.1 Physical Infrastructure 6.2 Social Infrastructure 6.3 Green Infrastructure
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6.4 Planning Obligations and Legal Agreements
Development Management Development Plan Document, 2013
Ealing Local Variation to London Plan Policy 2.18 Green Infrastructure: The Network of Open and Green Spaces Ealing Local Variation to London Plan Policy 3.4 Optimising Housing Potential Ealing Local Variation to London Plan Policy 3.5 Quality and Design of Housing Developments Ealing Local Policy - 3A Affordable Housing Ealing Local Variation to London Plan Policy 5.2 Minimising Carbon Dioxide Emissions Ealing Local Variation to London Plan Policy 5.10 Urban Greening Ealing Local Variation to London Plan Policy 5.11 Green Roofs and Development Site Environs Ealing Local Variation to London Plan Policy 5.12 Flood Risk Management Ealing Local Variation to London Plan Policy 5.21 Contaminated Land Ealing Local Variation to London Plan Policy 6.13 Parking Ealing Local Policy 7A Amenity Ealing Local Variation to London Plan Policy 7.3 Designing Out Crime Ealing Local Variation to London Plan Policy 7.4 Local Character Ealing Local Policy 7B Design Amenity Ealing Local Variation to London Plan Policy 7.7 Location and Design of Tall and Large Buildings Ealing Local Policy - 7D Open Space EA Ealing Local Policy Presumption in Favour of Sustainable Development
Development Sites Development Plan Document 2013
OIS1 Park Royal Southern Gateway
Ealing Informal Planning Documents/Guidance
SPG 3: Air Quality SPG 4: Refuse and Recycling SPG 9: Trees SPD9: Legal Agreements, Planning Obligations and Planning Gain SPD10: Noise and Vibration
In reaching this decision, specific consideration was given to the principle of the loss of the existing use and the proposed replacement uses; the principle of tall buildings on this strategic gateway site and the impact of those buildings on the residential and visual amenity of residents and other occupiers in the local and wider area. The impact of the development in terms of its form, scale, layout and appearance of the proposed development; the impact on adjoining occupiers and land; the traffic and parking implications; hard and soft landscaping and public and private amenity spaces. Consideration was also given to the quality of the residential development and its relationship with the living conditions of neighbours and the residential amenity of future residents. It is considered that subject to appropriate safeguarding conditions, given the nature of the proposed development and having considered all objections/comments received from stakeholders and interested parties to date, that on balance the proposal would accord with the relevant planning policies and guidance. It is therefore considered that planning permission should be granted in this case. It is not considered that there are any other material considerations, which would warrant a refusal of the application.
2. This development is the subject of an Agreement under Section 106 of the Town and Country Planning Act (as amended).
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3. Demolition and construction works, audible beyond the boundary of the site shall only be carried on between the hours of 0800 - 1800hrs Mondays to Fridays and 0800 - 1300hrs on Saturdays and at no other times, including Sundays and Bank Holidays. No bonfires shall be lit on site.
BPM & mitigation measures can be found in the following guidance: i. 'Guidance on the Assessment of dust from demolition and construction', IAQM, February 2014 ii. 'The control of dust and emissions from Construction and Demolition' Draft SPG, GLA,2013 iii BS 5228-1:2009 - Code of practice for noise & vibration control on construction & open sites-Part 1: Noise
4. Prior to the commencement of any site works, all sensitive properties surrounding the site boundary shall be notified in writing of the nature and duration of works to be undertaken, and the name and address of a responsible person, to whom an enquiry/complaint should be directed. A minimum written period of 1 month would be required.
5. Dust mitigation and control of exhaust emissions from construction vehicles should comply with the Mayor’s (GLA and London Councils) ‘Best Practice Guidance’ to control dust and emissions from construction.
6. The developer will be liable for the cost of any repairs to damage to the footway directly resulting from the construction work. It is recommended that a footway/carriage way condition survey is carried out prior to the start of construction work, in conjunction with the Highways Section.
7. To assist applicants in a positive manner, the Local Planning Authority has produced policies and written guidance, and offers and encourages a comprehensive pre-application advice service, all of which is available on the Council's website and outlined in a 24 hours automated telephone system. The scheme complied with policy and guidance. The Local Planning Authority delivered the decision proactively in accordance with requirements of the National Planning Policy Framework.
8. Ground Investigation: a) Reference should be made at all stages to appropriate current guidance and codes of practice this would include: The report of the findings must include: A timetable of works and site management procedures. (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwater and surface waters, • ecological systems, • archaeological sites and ancient monuments Model Procedures for the Management of Land Contamination, CLR 11, Environment Agency, 2004 Updated technical background to the CLEA model, Science Report: SC050021/SR3, Environment Agency, 2009 LQM/CIEH Generic Assessment criteria for Human Health Risk Assessment (2nd Edition), 2009
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BS10175:2011 Investigation of potentially contaminated sites – Code of Practice Secondary Model Procedure for the Development of Appropriate Soil Sampling Strategies for Land Contamination; Environment Agency, 2001 Verification of Remediation of Land Contamination’, Report: SC030114/R1, Environment Agency, 2010 National Planning Policy Framework (Paragraph 109, 120, 121); Guidance for the safe development of housing on land affected by contamination, NHBC & Environment Agency, 2008. b) Clear site maps should be included in the reports showing previous and future layouts of the site, potential sources of contamination, the locations of all sampling points, the pattern of contamination on site, and to illustrate the remediation strategy. c) All raw data should be provided in a form that can be easily audited and assessed by the council.(e.g. trial pit logs and complete laboratory analysis reports) d) on-site monitoring for ground gases with any relevant laboratory gas analysis; 'Good practice on the testing and verification of protection systems for buildings against hazardous ground gases, (C735), CIRIA, August 2014 e) Details as to reasoning, how conclusions were arrived at and an explanation of the decisions made must be included. (e.g. the reasons for the choice of sampling locations and depths).
9. Noise: a) SPG10 requires that acoustic measurements are carried out and that precise calculations are made for the building envelope insulation. In calculating the minimum sound reductions the following is required: A precise sound insulation calculation under the method given at BS EN12354-3: 2000, for the various building envelopes, using the worst case one hour data (octave band linear noise spectra from 63 Hz - 4k Hz) by night and day, to arrive at the minimum sound reductions necessary to meet the SPG10 internal data. Approved laboratory sound insulation test certificates for the chosen windows, including frames and seals and also for ventilators, in accordance with BS EN ISO 140- 3: 1995 & BS EN ISO 10140-2:2010, to verify the minimum sound reductions calculated. Compliance with the internal and external criteria set at SPG10.
10. Ground Water discharge - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777.
11. A ground water risk management permit from Thames Water will be required for discharging ground water into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. Permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 020 3577 9483 or by emailing [email protected].
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Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.
12. Legal changes under the Water Industry (Scheme for the adoption of private sewers) Regulations 2011 mean that the sections of pipes you share with neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water’s ownership. Should your proposed building work fall within 3 metres of these pipes we recommend that you contact Thames Water to discuss their status in more detail and to determine if a building over/near to agreement is required. You can contact Thames Water on 0800 009 3921 or for more information please visit the Thames Water website at www.thameswater.co.uk
13. The developer is advised that should any external plant be installed the rating noise level emitted from the proposed external plant and machinery at the proposed development, as assessed under BS4142: 1997, shall be lower than the existing background noise level by at least 5 dBA as measured at 3.5 m from the nearest ground floor sensitive facade and 1m from upper floor noise sensitive facades, during the relevant periods of operation.
14. Roof water down pipes should be connected to the drainage system either directly, or by means of back inlet gullies provided with sealing plates and drainage from covered car parking floors should pass through an approved oil separator before connecting to the surface water system.
15. Prior to commencement of development of construction and demolition works, details of noise/vibration and dust mitigation measures shall be submitted to the Environmental Health section for approval.
16. The proposed external lighting scheme shall be designed to reduce light pollution to nearby residents, and road users and where applicable the recommendations of the following guidance shall be met:
• ILP Guidance Notes for the reduction of Obtrusive Lighting 2011. • Institution of Lighting Professionals Technical Report PLG05, Brightness of Illuminated advertisements. • CIE Technical Report- Guide on the Limitation of the Effects of Obtrusive Light from Outdoor Lighting Installations - CIE 150: 2003. • Statutory Nuisance from Insects and Artificial Light by Department of Environment Food. Guidance on sections 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005, Defra.
Site Description: The application site is 0.47 hectares and comprises a single commercial building, of 2 storeys in height providing a total of 3,846 sq.m GIA commercial floor space. The site has now been vacated as regards the previous commercial tenants in preparation for the implementation of redeveloping the overall site for the Imperial College and Essential Living development proposals. The site has two existing vehicular access points from Wales Farm Road located at the northern boundary of the site and a second further to the south. Acton Mainline Station which will serve Crossrail services by 2018 is located approximately 850m to the south west and there are other nearby London underground stations at Willesden Junction (1.5km to the north). The closest underground station is North Acton just 160m to the west. The public transport connections result in a PTAL rating of 5 (‘Very Good’) and is located within a controlled parking zone (Gypsy Corner). The site is also located within a High Speed 2 (HS2) Buffer Zone.
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The land immediately to the south of the application site also forms part of the Perfume Factory site and is in the ownership of Imperial College. This part of the site is subject of a separate planning application (Ref:172682OPDFUL) which was approved by the Council on 16 August 2017 and subsequently supported by the Mayor on 14th November 2017. The planning permission and S.106 was subsequently issued and executed on 7th December 2017. Demolition of the 4 storey building has been completed.
In the wider area there are a number of recently approved large scale redevelopments including the Dephna site (2 Portal Way) and the Carphone Warehouse site (1 Portal Way) both located to the south west of the site and “The Portal”, located immediately to the west of the site at the junction of Portal Way and Wales Farm Road. The three sites are subject of planning applications for their comprehensive residential led mixed use redevelopment, 1 Portal Way having been granted planning permission in August 2016; The Portal and 2 Portal Way with resolutions to grant permission in May 2017 and February 2018 respectively. The site is located on the eastern edge of the Southern Gateway Area (OIS1) as identified within the Council's adopted Development Sites DPD (December 2013), and the Old Oak Common Opportunity Area, where the Mayor of London has published the Old Oak and Park Royal Opportunity Area Planning Framework (OAPF) (November 2015) and the OPDC Draft Local Plan went through its first stage of public consultation (consultation period expired in September 2017) to cover the opportunity area.
The Proposal:
It is proposed to redevelop the site by demolishing the existing commercial 2-storey building and replacing it with three residential blocks with active ground floor uses. Block A: 16 storeys with 291 sq.m flexible commercial floorspace; Block B: 25 storeys and 12 storeys with 310 sq.m flexible commercial floorspace; and Block C: 14 storeys with 748 sq.m flexible commercial floorspace. The scheme has been designed as a high quality Private Rented Sector (Build To Rent) product with associated amenity spaces. There would be commercial uses on the ground and mezzanine levels, car parking at ground and an activated public realm for use by both tenants and the local area. The main entrance to Blocks A and B would be located in a prominent position within the site’s public realm. The main entrance would have a double height space with direct access to both cores. The entrance lobby would have concierge and back of house facilities. The residential units would comprise studios, 1-bed, 2-bed and 3-bed apartments.
Proposed Land Uses
The application comprises 380 residential units and up to 1,403 sq.m of commercial floorspace.
Vehicle parking is proposed at a ratio of 0.04 spaces per residential unit equating to approximately 16 parking spaces. Within this it is proposed that there will be 2 disabled parking spaces and 20% (3 spaces) would be fitted with electric charging points and another 20% passive spaces. The table below sets out the proposed parking:
Land use No. of spaces Disabled spaces Active and passive Electric vehicle spaces (20:20%) Residential 16 2 3:3 (6) Commercial 0 0 -
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Cycle parking is proposed for 552 cycles provided in a range of secure long stay and short stay spaces as set out in the table below:
Land use Short stay Long stay Total provision Residential 10 504 514 Commercial 31 7 38 Total - - 552 requirement
At ground level the development would comprise a series of commercial, retail, community and residential spaces fronting onto the street or the proposed public/residential squares. The exact location of the different use classes within the development and the exact nature of the spaces would be established at a more detailed stage.
The upper floors of the proposed blocks would comprise residential uses with a range of different sized units across the development, the table below sets out the proposed number and mix of different sized units.
Unit size % No. of units Proposed Floor space Floor space standards Studio 17.4% 66 37-44 sqm 37 sqm 1 bed 50% 190 50-58 sqm 50 sqm 2 beds 27.4% 104 64-80 sqm 61-70 sqm 3 beds 5.2% 20 102 sqm 74-95 sqm Total number of 100% 380 units
Amenity
Public and communal amenity spaces would be provided as part of the scheme, including external and amenity space in Blocks A & B. Internal amenity space would be comprised of lounge, fitness centre, quiet space and a study, whilst external amenity space would be formed of open landscaped terraces and small allotments for residents to use.
159 sq.m of external play space would be provided on the roof of the podium level, whilst the public realm would also include informal play areas (874 sqm on terraces for 5-12 year olds; 150 sqm as part of public realm for children up to 12 years of age as well as 533 sqm within car free pedestrian space; and 437 sqm of area of access around the buildings A and B). The majority of units would be provided with private external amenity space in the form of balconies, apart from the upper levels of Block B where additional internal amenity space would be provided. Occupants of these units would be able to utilise the communal areas. Finally, a high quality public realm would be provided with extensive landscaping and seating, and with active frontages and outdoor seating for the commercial units.
Relevant Planning History for subject site and wider sites:
Reference no Date Details Status 180239OPDCPA 16 March Perfume Factory North, 140 Wales Prior approval 2018 Farm required and Road, Acton, London, W3 given
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Prior notification for the demolition of the existing building prior to redevelopment under Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015 (as amended)
177810OPDFUL 18 2 Portal Way, Acton, London W3 Resolution to February 6RT grant 2018 (LBE permission Planning Demolition of all existing buildings subject to Committee) and the redevelopment of the site to referral to the provide two buildings of 25 and 35 Mayor and storeys comprising 380 residential S.106 flats (mix of studio, 1-bed, 2-bed, Agreement and 3-bed flats), 11 ground floor commercial kitchens, and 2,208sqm NIA of flexible office space, together with associated public and private amenity and play space, two roof gardens, public realm improvements, landscaping works, car and cycle parking, and refuse and service areas (Full Planning Application accompanied by an Environmental Impact Assessment)
173139OPDFUL 18 Perfume Factory North, 140 Wales Planning February Farm permission 2018 (LBE Road, Acton, London, W3 refused on 1st Planning March 2018. Committee Demolition of existing buildings and redevelopment of site to provide 3 Appeal lodged No. residential buildings between 12 in April 2018 and 25 storeys in height to provide against 390 residential units (mix of studio, decision. To be 1 bed, 2 bed and 3 bed flats) and dealt with by 1,403 sq.m of flexible written A1/A2/A3/A4/A5/B1/D1/D2 floor representations. space; the provision of public open space, roof top amenity space, landscaping, car and cycle parking, and refuse storage.
172682OPDFUL 16 August Perfume Factory South, 140 Wales Planning 2017 (LBE Farm permission Planning Road, Acton, London, W3 granted subject Committee) to S.106 in Demolition of all existing buildings December and the redevelopment of the site to 2017. Being provide five buildings of 5, 7, 10, 11 Implemented. and 31 storeys comprising 736 student bed spaces (603 rooms), 85 residential flats, 6,214 sqm (GIA) of
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Office (B1) floor space with associated access from Wales Farm Road, amenity space, cycle parking, four disabled car parking spaces, servicing, public realm improvements and landscaping (Full Planning Application accompanied by an Environmental Impact Assessment)
165514OPDFUL 17 May The Portal, Land At Wales Farm Resolution to 2017 Road & grant (LBE Portal Way, London W3 permission planning subject to Committee) Redevelopment of the site to referral to the provide a single storey basement Mayor and with a part 10, part 36 storey S.106 building comprising 355 residential Agreement units and ancillary facilities (Use Class C3) with a mix of studio, 1 bed, 2 bed and 3 bed flats and 549 sqm (GIA) of flexible use class A1 and/or A2 and/or A3 and/or A4 and/or B1 and/or D1 and/or D2 floorspace and a landscaped public realm, together with associated public and private amenity space, cycle parking, car parking, servicing, landscaping and other associated works (Full Planning Application accompanied by an Environmental Impact Assessment)
161144FUL 20 July 6 Portal Way, Acton, London, W3 Approved 2016 subject to (LBE Demolition of all existing buildings S.106 planning and agreement committee) the redevelopment of the site to provide a double storey basement with four buildings of 2, 9, 11, 32 and 42 storeys comprising 578 residential flats (Use class C3)(mix of 1 bed, 2 bed and 3 bed flats) and 3,179 sqm (GIA) of flexible use class A1 and/or A2 and/or A3 and/or A4 and/or B1 and/or D1 and/or D2 floorspace, landscaped east-to-west public route between Victoria Road and Portal Way, together with associated amenity and play space, roof gardens, cycle parking, car parking, servicing, public realm improvements, landscaping and infrastructure works. (Full Planning Application
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accompanied by an Environmental Impact Assessment PP/2015/4551 3 Feb 2016 Perfume Factory, 140 Wales Farm Resolution to (LBE Road, Acton, London, W3 grant planning permission committee) Outline planning application subject to (matters of access only to be Stage 2 referral determined at this to the stage with all other matters Mayor and reserved) for the demolition of all S.106 buildings and the retention of the Agreement. existing north west facade on the
northern building; construction of 5 No. residential buildings between 3 Application and 33 storeys (plus plant) to withdrawn. provide up to 534 units (mix of studio, 1 bed, 2 bed, 3 bed flats and 4 bed houses); construction of 2 No. commercial/live work buildings between 3 and 6 storeys (plus plant); to provide up to (Gross External Floor Area) 6,147 sqm Class B1/live work; and 2,175 sqm Class B1; and 1,381 sqm Class A1/Class A3; and 548 sqm Class A1/Class A3/residential; and 564 sqm Class D1 nursery; together with amenity, landscaping, car and cycle parking, access, plant and servicing.
PP/2015/0095 5 August Carphone Warehouse, 1 Portal Approved 2015 (LBE Way, Acton, London W3 subject to S.106 planning agreement committee) A phased outline planning application (all matters reserved) 21 accompanied by an Environmental December Impact Assessment for the 2015 demolition of all existing buildings (Mayor of and structures and the London redevelopment of the site through confirms construction of 8 blocks ranging in that he is height from 6 to 32 storeys to content to incorporate up to 764 residential let LBE flats (Use Class C3) and up to 5,134 make sq. m (GEA) of flexible commercial decision uses comprising up to 1898 sqm of and thus A1, A2, A3, A4, A5 Use Classes, up supports to 1,713 sq. m of D1, D2 Use LBE Classes and 1,523 sq. m of A1-A5, resolution) B1a, D1, D2, C3 Use Classes, the provision of public and private open space, hard and soft landscaping, basement car parking, cycle parking and plant and servicing.
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P/2014/6484 December Perfume Factory Environmental 2014 Assessment Request for formal scoping opinion Scope under Regulation 10 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 for mixed use redevelopment comprising 550 residential units and up to 7,300 sqm commercial floorspace formed by 3 x 6 storey buildings, 2 x 38 storey buildings 1 x 14 storey building and 1 x 3 storey building with associated car parking and public realm space P/2014/5656 November Perfume Factory Environmental 2014 Statement Request for Screening Opinion Required under Regulation 5(2) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 for mixed-use redevelopment comprising of 550 residential units and up to 7,300 sqm of commercial floorspace formed by 3 x 6 storey blocks, 2 x 36 storey blocks and 1 x 14 storey block , 1 x 3 storey block of mews houses with associated car parking and public realm space P/2011/4250 October Land at junction of Chase Road and 2011 Victoria Road, Acton, London W3 Approved 6AD subject to S.106 agreement Development of site to provide a March 2013 part 4, part 10, part 12, part 14, part 18 storey building plus basement comprising 673 sqm of commercial floor space for flexible use for shops (Use Class A1), Financial and Professional Services (Use Class A2), restaurants and Cafes (Use Class A3), Hot food take away (Use Class A5), Business (Use Class B1) or non-residential institution (Use Class D1) and 151 residnetial units above (83 x 1-bedroom, 65 x 2- bedroom and 3 x 3-bedroom flats); together with alterations to the existing access and provision of 30 car parking spaces (15 to a disabled stnadrtad) and 169 cycle storage spaces at basement level (Outline
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planning application – Access, Layout and Scale being sought and Appearance and Landscaping matters to be reserved). P/2005/1647 Application Retention of the original Perfume Application submitted Factory building converted to B1/B2 withdrawn in in 2005 (following demolition of 3,995 sqm 2009 B1/B2 space) and mixed use redevelopment to provide two blocks: Northern Block -14 storeys (including part 3, 4, 5, 6, 10, 11, 12, 13 and 14 storeys) comprising 228 residential units (including affordable housing),1,834 sqm employment/industrial space (B1/B2), 685 sqm retail ('A' class) use, community use (65 sqm); Southern Block - 3 storeys (with ground floor/undercroft parking) comprising of 1,958 sqm employment/industrial place (B1/B2); public open space, alterations of existing vehicle accesses (to serve existing retained Perfume Factory building and new development), car and cycle parking, refuse storage and roof top gardens and landscaping:
Consultation:
Neighbour Notification:
Application submitted to Old Oak and Park Royal Development Corporation (OPDC) as the local planning authority and subsequently delegated to the London Borough of Ealing for determination on OPDC’s behalf. The application has been advertised as a major planning application; affecting an area of wider interest and as one that has been accompanied by an Environmental Statement. Site notices displayed on Wales Farm Road, Victoria Road and Portal Way on 23 March 2018 (expired on 13 April 2018). Press notice published on 23 March 2018 (expired on 13 April 2018).
Ten written representations received.
External
Letters sent to East Acton Ward Councillors, Ealing Chamber of Commerce, Ealing BID Company Ltd, Acton Alliance, Acton History Group, Acton Community Forum, Transport for London – Borough Planning, National Grid Plant Protection, HS2 Ltd, West Acton Residents Association, Island Triangle Residents Association, Wesley Estate Residents Association, Midland Terrace/Shaftesbury Gardens Residents, Wells House Road Residents Association, Grand Union Alliance, Thames Water Utlities Ltd, London Borough of Brent, London Borough of Hammersmith & Fulham, Ealing Central and Acton MP Rupa Haq MP, Greater London Authority, Historic England (Archaeology), Historic England, NHS Property Services, London Fire & Emergency Planning Authority, Sport England and Metropolitan Police Design Out Crime.
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Written Representation Case Officers Response
Local Residents (9 No. written representations received) All matters of use, regeneration, design, The main areas of objection are: close to density, amenity, impact on adjoining properties; conflict with local plan; neighbouring residents, mitigation, development too high; inadequate public planning obligations, public transport, transport provisions; increase in traffic; car parking and public realm as raised increase of pollution; over development; are dealt with, in the main report. violates London Plan density matrix; will put additional strain on existing community HS2 works are temporary. facilities (schools and health facilities); The scheme incorporates a range of development will put additional strain on an commercial units and inclusive public already overcrowded North Acton station; realm areas which would be for the use general dislike of proposal; loss of light; loss of of the wider community. The current site privacy; more open space needed on has a very low and poor quantum and development; out of keeping with character of quality of ecology. The proposal will area; insufficient mixed use; littering; there is provide new soft planted areas including insufficient green space that can be used for roof terraces to help improve local community use; inadequate car parking due to ecology once the scheme has been parking restrictions; no child friendly established. The scheme meets local environment; excessive traffic which HS2 will adopted drainage standards and be make worse; new residents to the scheme further controlled by the inclusion of should be allowed to buy them rather than to relevant conditions. rent them; an equality impact assessment has not been submitted to assess the current and surrounding environment; affect local ecology; increased danger of flooding.
Ealing Civic Society
- Development too high The site is identified as being suitable for - General dislike of proposal tall buildings and is within an area where - More open space needed on development there is a cluster of tall buildings. The - Out of keeping with character of area architecture is of high quality. - Over development The public consultation for the current We refer to our response in July 2017 to the scheme made it clear that the locally previous very similar application listed building would be demolished. 173139OPDFUL as follows: The objector is recalling the previous "We regret the planned demolition of the scheme that was formally determined by remaining locally listed Elizabeth Arden the Council in February 2016 for the Perfume Factory buildings which were enlarged Perfume Factory site. designed by Wallis, Gilbert & Partners in 1939. While we acknowledge that the original building has been severely compromised by the loss of the central tower and replacement of the original windows, we believe that the development would benefit greatly from the retention of the original buildings. We object that the proposal would result in a
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Planning Committee 23/05/2018 Schedule Item No. 03 development that would be far too dense. In addition, despite a precedent having already been established elsewhere in the vicinity for higher buildings than proposed here, we maintain that the planned development would be far too high. This would have a very negative impact on the housing further south on the Wales Farm Road and just south of the Western Avenue. " The minor changes to reconfigure a small number of flats in this current application do not address these fundamental objections.
London Borough of Hammersmith & Fulham Noted Raises no objection to the proposed development.
NATS
NATS has assessed the resubmission and has identified the potential for an impact upon its The suggested planning conditions will infrastructure, namely its H10 radar located at be included within any planning Heathrow Airport. NATS has managed the permission. impact of an adjacent building through a modification to the radar system, however it has been unable to ascertain where this current application is located in respect of the elevation of neighbouring schemes, and in relation to previous planning applications. The current application may benefit from the shielding provided by other construction, however as NATS has been unable to verify this, it wishes to object to the application unless the following planning conditions are imposed. Should the applicant be able to demonstrate that the scheme is shielded by similar buildings, obstructing the line of sight to the H10 radar, NATS will be in a position to withdraw its objection. Aviation Conditions:
1. No construction shall commence on site, unless there has been submitted to and approved in writing by the Local Planning Authority and by the Radar Operator - NATS (En-route) plc, either:
- detailed plans for the proposed buildings in that individual phase, demonstrating that there would be no detrimental impact upon the operation of the Heathrow H10 SSR Radar; OR,
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- details of a ‘Radar Mitigation Scheme’ (including a timetable for its implementation during construction) to mitigate any detrimental impact upon the Heathrow H10 SSR Radar.
Reason: In the interests of Air Traffic Safety and of the operations of NATS En-route PLC.
2. Where a ‘Radar Mitigation Scheme’ has been required, no construction above 10m above ground level shall take place on site, unless the ‘Radar Mitigation Scheme’ has been implemented. Development shall not take place other than in complete accordance with such a scheme as so approved unless the planning authority and NATS (En-route) plc have given written consent for a variation.
Reason: In the interests of Air Traffic Safety and of the operations of NATS En-route PLC.
3. No construction work shall commence on site until the Developer has agreed a “Crane Operation Plan” which has been submitted to and has been approved in writing by the Local Planning Authority in consultation with the “Radar Operator”. Construction at the site shall only thereafter be operated in accordance with the approved “Crane Operation Plan”.
Reason: In the interests of Air Traffic Safety and of the operations of NATS En-route PLC.
Heathrow Noted. Relevant planning conditions as The application has been examined from an regards radar mitigation and a aerodrome safeguarding perspective and to construction management strategy have ensure that it does not confict with such criteria been agreed with the applicant and will would request that planning conditions be be included within any planning imposed to cover radar mitigation and a permission. There are no wind turbines construction mnanagement strategy and wind included within the scheme and turbine. therefore that matter will not be included.
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Sport England The applicant has made an offer of Since the Council do not appear to have £425,000 towards public open space adopted their CIL the application does not and this is considered by officers to be appear to address the sporting demand acceptable and therefore meet the generated by the increase in the population objection raised by Sport England. proposed thereby the pressure/demand on existing sporting facilities would be increased. Sport England, therefore, considers that the proposal would be detrimental to existing sport facilities and object to the proposal on this basis. This objection can be overcome by either providing new off-site facilities or contributions to enhance/provide adjacent facilities.
Transport for London: Noted and the support is welcomed. Supports the principle of the development Suitable planning conditions to be added proposals on transport grounds and confirm to the planning decision notice and the that the scheme complies with the relevant heads of terms have been agreed with London Plan transport policies. TfL the applicant. recommends that a full safety audit be carried out for the new vehicluar access which would be formed from a new junction on Wales Farm Road, shared with the adjoining approved development by Imperial College. A S.278 agreement would be required and would need to be secured through the S.106 agreement. Planning conditions would also need to be imposed to secure appropriate provision for pedestrians, cyclists and vehicles, both in and around the site.
The shared space between the subject site and Inperial College site needs more work to ensure that access for all users is legible and safe, and that there is clear demarcation of vehicle routes through surfacing, marking or level changes. Information should also be provided on how timely provision of access will be secured, if the development of the southern site is delayed. Full details of all access routes including provision for pedestrians, cyclists and vehicles will need to be submitted for approval to ensure that it is more closely integrated with the rest of the public realm. The shared space would need to be carefully designed and managed.
Car parking: The intention to limit car parking to only 16 spaces would help to minimise traffic impacts and there is scope for it to be entirely car free. TfL recommend that 11 spaces be
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Planning Committee 23/05/2018 Schedule Item No. 03 provided and allocated purely for blue badge users. Pick up and drop off facilities should also be provided for use by disabled residents and visitors who do not have access to a parking space. A parking management plan would need to be secured by planning condition. Residents, employees and visitors, unless blue badge holders should not be eligible for pareking permits becuasr the site lies within a Controlled Parking Zone. Occupiers of the office space should be restricted from entering into contract parking arrangements for nearby sites to minimise traffic impacts.
Cycle parking: Cycle parking is proposed to meet the minimum London Plan standards for long and short stay provision. Given the limited car parking and likely demand from occupiers, it is urged that the amount of cycle parking is increased beyond the minimum standards. In particular, it is recommended that 2 cycle parking spaces are provided for all 1 bedroom dwellings. Cycle parking provision would need to be improved to meet current design standards and a suitable condition is required to be imposed.
Trip generation methodology and highways impacts are considered to be acceptable.
Public transport impacts require a financial contribution of £423,120 as calculated on the basis of 380 residential units and 336 sq.m of office space. The contribution would be used at North Acton station to mitigate the scheme’s impact given the limited amount of car parking.
Cycling and Walking: TfL is currently developing proposals for segregated cycleway and footway improvements along the A40 corridor from the Wood Lane junction as far west as Gypsy Corner. This would form part of a longer Cycle Superhighway into Central London. Given the expected importance of cycling as a mode, a s106 contribution should be secured, the amount to be agreed prior to determination
Travel Plans; Deliveries and Servicing, Construction Logistics Plan.
A framework Travel Plan has been submitted with the application and has passed the ATTrBuTE assessment. The finalised Travel
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Plan will need to be secured, monitored and enforced through the Section 106 agreement.
All deliveries and servicing will take place from the access road within the site. There appear to be some minor errors in calculating the daily number of office and residential servicing trips in tables 5.11 and 5.12 but this would not materially alter the overall conclusions. The Delivery and Servicing Plan (DSP) will need to be secured by condition.
A Construction Logistics Plan (CLP) which expands on the draft CLP should also be secured The finalised CLP will need to take account of the construction timescales for other major infrastructure and development projects in the area including the Old Oak Common HS2, National Rail and Crossrail station, which could result in road closures and affect routeing for construction vehicles.
TfL Surface Road Space Management will want to be closely involved in the development and implementation of the CLP because of the implications for the A40 and its junctions. Restrictions on vehicle arrivals and departures during the morning and evening peaks may need to be extended beyond the suggested peak hour to enable any impacts to be managed.
In Summary the scheme is supported by TfL subject to the imposition of planning conditions, increase in the number of blue badge parking, a new link ultimately to Old Oak Common station should also be secured and to ensure compliance with London Plan transport policies, a contribution of £423,120 should be made towards the first phase of North Acton station improvement and an agreed sum towards the Cycle Superhighway.
Greater London Authority:
The principle of residential led mixed use redevelopment to provide flexible commercial The in principle support is welcomed and space and build to rent (BTR) housing in this the applicant has agreed to the 2 stage highly accessible location in Old Oak and park affordable housing review mechanism Royal Opportunity Area is strongly supported. including clawback. It should be noted On-ste discount market rented (DMR) units, that the discounted market rented 35% by habitable room, 30% of which at properties are offered on a perpetuity London Living Rent levels and the remainder basis and the BTR on a 15 year DMR at 75% and 80% of market rent. The covenant. applicant’s viability assessment will be robustly reviewed by GLA officers and the proposed
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Planning Committee 23/05/2018 Schedule Item No. 03 discounts require further discussion. All BTR The applicant has responded direct to and DMR homes must be held in a 15-year the GLA regarding the outstanding covenant, with an appropriate clawback matter of a more active ground floor mechanism which must be secured within any frontage on the eastern elevation in Section 106 agreement, in line with London relation to the redvelopment of the Plan Policy 3.12, draft London Plan Policies H6 SEGRO site and has suggested that a and H13 and the Mayor’s Affordable housing & clause be included within the S.106 Viability SPG agreement to deal with the matter. The matters highlighted by the GLA which Urban Design: The approach to layout, height include the energy strategy, blue badge and massing is broadly supported, but active parking, cycle parking, delivery and ground floor frontage on the eastern elevation servicing plan, construction logistics should be increased to ensure that the scheme plan, travel plan and a car parking responds to the future context on the adjacent management plan, including a permit Victoria Industrial Estate (SEGRO) site, in line free agreement are proposed to be with London Plan Policies 3.5, 7.1 and 7.5 and secured by planning condition or a draft London Plan Policy D1. clause within the S.106 agreement. The financial contribution as requested by Climate Change: in order to comply with TfL will be secured in the heads of terms London Plan Policy 5.2 and draft London Plan in the proposed Section 106 agreement. Policy S12, the applicant must provide further details of the photovoltaic panels, including calculated energy saving and carbon reduction to explore future connection to a district heating network and a carbon off-setting contribution must be secured through the S.106 agreement.
Transport: to ensure that the scheme accords with London Plan Policies 6.2, 6.3, 6.5, 6.9, 6.10 and 6.13 as well as draft London Plan Policies T3, T5, T6, T7 and T9 the applicant should make a contribution of £423,120 towards North Acton station improvements, Crossrail and towards cycle infrastructure. Blue badge parking and cycle parking should be increased. A delivery and servicing plan, construction logistics plan, travel plan and a car parking management plan, including a permit free agreement should be secured by condition or S.106 agreement.
Internal Consultees:
Transport Transport raise no objections to the proposal subject to the Section106 contribution Services of £403,000 towards highway and public realm improvements (excluding any S106 requests for TfL). The following conditions are recommended: a) Cycle parking b) Electric vehicle charging points c) Parking management plan d) Delivery and servicing plan e) Travel plan via a S106 f) CPZ permit restriction g) Car club scheme
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Environmental No objections to the proposal subject to the imposition of a relevant planning Services condition to cover a waste management strategy. (Refuse Team)
Regulatory No objections to the proposal subject to the imposition of a number of planning Services conditions and informatives to any planning permission to cover noise, odours, (Pollution emissions, hours of operation, air quality, construction and demolition, Technical contaminated land, external lighting, bonfires, the removal of asbestos. Team)
Tree Officer No objections to the proposal and requests that due to the high density nature of the scheme and the general lack of green infrastructure in the area that a suitable planning condition should be imposed and that a financial contribution be requested towards tree planting on the North Acton gyratory system.
Education No objections to the proposal subject to the imposition of a suitable clause within Department the Section 106 agreement to ensure mitigation by way of a financial contribution (£506,254. 38).
Health No objections to the proposal subject to the imposition of a suitable clause within the section 106 agreement to ensure mitigation by way of a financial contribution.
Regeneration No objections to the proposal subject to the imposition of a suitable clause within the section 106 agreement to ensure mitigation by way of a financial contribution to cover training and apprenticeships (18 No.).
Housing Supply Supports the proposal at the 35% by habitable room discounted market rent Team affordable housing offer because it is in perpetuity and that it would be a blended rate of 75% that there would be a review mechanism at 80% occupancy to see whether the scheme can afford in excess of 40%, capped at 50%. 30% of the DMR accommodation would be at London Living rent levels (maximum household income of £60,000). The actual mix of discounted market rented units is to be negotiated and agreed under a relevant clause within the proposed Section 106 agreement.
Reasoned Justification:
Key Issues The main issues for consideration are: Environmental Statement Principle of development including its uses Design including urban design, density, location of tall buildings, residential amenity and standards, heritage assets, energy, environmental protection, sustainability, Affordable housing/viability Transport Community Infrastructure Levy and Section 106
Environmental Statement
The application was accompanied by an environmental statement to assess the environmental impacts that may be caused by the proposed redevelopment. The submitted environmental statement dealt with the following issues: air quality, archaeology and cultural heritage, daylight and sunlight, ecology and arboricultural, flood risk and drainage, ground conditions and contamination, noise and vibration, socio-economics, townscape and
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visual impact assessment, transport assessment and draft travel plan and wind assessment. The ES assessed any potential significant effects of the development that may arise cumulatively, when combined with, other major developments with planning permission or under construction in the local area. Several cumulative schemes were identified and considered by the ES. The methodology and the scope used to write the ES has been agreed with officers and complies with best practice. The ES has been considered and its conclusions accepted as reasonable and the environmental effects and impacts properly assessed and that the impacts are generally of a negligible or minor adverse nature or bring forward positive benefits to the site and its wider surroundings and would be further mitigated by the imposition of suitable planning conditions and the Section 106 agreement.
Principle of development including its Uses
The application proposal would be for a residential led mixed use redevelopment of an existing under-utilised employment site within the Park Royal Opportunity Area. The site is designated as strategic industrial land which is part of the Southern Gateway to Park Royal. The site is identified for regeneration (Policy OIS1 within the Ealing Development Sites DPD) to allow for mixed use development including residential and employment accommodation with ancillary retail and community uses and provision of new public spaces. The principle of a residential led mixed use has already been established by the Council’s decision to approve the redevelopment of the site in February 2016 subject to Stage 2 referral to the Mayor and the planning permission subject to S.106 agreement for the Imperial College scheme in December 2017 for the southern part of the site. The application proposal would re-provide a small quantum of the existing commercial floor space; being located on the ground floor of the new buildings would accord with the emerging OPDC development plan policy. In addition, the scheme would provide a significant quantum of new and much needed high quality residential accommodation as private rented units with discounted market rented units in order to offer a significant minimum level of affordable intermediate housing provision and with flexible use ancillary retail floor space (A1 to A5), B1 and community (D1 and D2 leisure) uses to comply with Policy OIS1 of the Ealing Development Sites DPD; Policy 2.13 of the London Plan and the Old Oak and Park Royal Opportuntiy Area.
Design
The proposed development would redevelop the site with a series of new buildings which would strengthen the definition of Wales Farm Road/A4000 and help to animate it, and would introduce new areas of public realm. The greater visibility of the proposed development compared to the existing buildings, given the site’s location close to a major entry point to the Park Royal area, would aid legibility within the wider area. The redevelopment of this key underutilised brownfield site represents an opportunity to significantly enhance the site and together with other emerging development in the locality will positively contribute to the creation of a desirable destination for students, residents and employees. The proposed scheme has developed from the architects’ understanding of the site constraints and opportunities, the objectives of the adjoining Imperial College and the Council’s policy objectives.
Key aspects of the design include: occupying the edge of the site with blocks of residential accommodation and to create a new public realm for the local area, partly sheltered from the busy main road network. The scheme has sought to establish a vertical hierarchy across the residential blocks, providing each block with its own height and identity, wth the taller elements being strategically positioned to the north and east of the site to take advantage of views across London and to allow daylight into the public realm. The massing has been designed to respond positively to a variety of challenges: wider townscape perspective thereby allowing a a landmark quality for the main tower (Block B); ground level to improve
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the site’s permeability, to create links to the surrounding area and adjacent developments primarily Imperial College and potentially to the Segrove site in the Victoria Industrial Estate. The ground floor public realm would be a new public square around which 3 masses would be organised. It would be freely accessible and act as a key link between the entrance to the subject PRS units, Imperial College and potentially when other developments are constructed to the east within the Victoria Industrial estate. The public realm would be positioned strategically so that it would be clearly visible from Victoria Road and would be activated by shop frontages, residential entrances, hard and soft landscaped areas and play space. Frontages along Wales Farm Road would be setback to create further opportunities to activate the area and respect the safeguarded HS2 area.
The residential units would comprise a variety of sizes including studio, 1-bed, 2-bed and 3- bed apartments. The proposed floor spaces for all of the 380 units would comply with adopted size standards. The scheme has been redesigned to meet the concerns of the Council’s planning committee thereby ensuring that the adopted floor space standards have now been met. The previous scheme which was refused on the ground that 20 of the PRS studio units would be some 20% below the adopted floor space size standard has been redesigned to omit the 20 studios and have them replaced by 10 x 2 bed 3 person dwellings which all meet the adopted floor space standards for such dwellings. There would be 10% wheelchair accessible units provision within the 1, 2 and 3 bedroom units and for both the discounted market and open market rented dwellings to comply with development plan policy.
The scheme proposes communal amenity areas positioned throughout the scheme: • Ground floor public realm and entrance lobby • Level 1 child' play space • Level 11 external terrace • Level 15 external terrace (allotments) • Level 23 internal amenity spaces (e.g. lounge, bar, kitchen, dining, library) and external terraces.
The amenity provision would be a combination of external and internal spaces (child play space is purely external) in order to meet adopted space standards. The provision is flexible and innovative within this high density residential led mixed use development and would be policy compliant.
The elevation strategy of the scheme focuses on defining a top, middle and base to both the scheme as a whole and to each individual block. Height variation across the blocks would accentuate the landmark building (Block B) and help to ensure that the overall scheme would be in harmony with the existing and emerging cluster of tall buildings in North Acton. The base of the buildings would be defined by a consistent plinth level, separating the retail accommodation and entrance spaces from the dwelllings. This would be achieved by a metal projecting canopy which would seek to create an intimate public realm. The western elevation would be defined by a large amount of glazing and active frontages, seeking to draw people into the central landscaped square. The mid sections would express the verticality of the scheme; grouping the fenestration into bays of 2 storeys. This grouping and framing seeks to reduce the scale of the building to create clear visual breaks in its massing. The colour variations would give each block an identity within the cumulative masterplan for the site. The contrast in colour between the envelope and the fenestration detail would increase the architectural interest of each façade.
The splayed metal panels of Block B have been designed to enhance the apartment views across London and increase daylight into the apartments. The splayed panel would be treated to add texture and variation to the façade. Block B would establish itself as the landmark through its massing, colour pallette and facade articulation. Its emphasis would be enhanced further by the top treatment emphasising the double height amenity space. The roof levels for blocks A & B would be animated by a variety of internal and external
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amenity areas. The tower element and shorter element of Block B would form one continuous building functionally. The elevation has however, been treated to break up the massing by expressing each block as a separate architectural element. This would be created mainly by a set back area between the two buildings, but also by the contrast in colour and height. These differences would give focus to the landmark building when viewed from Central London. Framing has been used to draw the eye up the tower with a stepped articulation to the top of the block. This stepping down is continued with the large south facing terrace at Floor 11. The base of the east elevation has been considered with regard to the possible development of the adjacent site. A mix of louvres and glass panels would be provided to improve the architectural appearance of this back of house façade. The two tallest elements to the scheme would be located to the north of the site, with the two smaller elements to the south. The similiar colour scheme across the southern elevation would pronounces Blocks A and B from the rear. Shadow analysis was undertaken throughout the design process to show the impact of these blocks. The design response would allow as much daylight as possible into the central public space. This edge fronts the shared access street which would allow vehicular access to the site. It has been treated as an active frontage in order to form a cohesive development with the adjacent site, rather than a closed elevation. There would be a large amount of glazing to the retail areas and the landscaping would be key to the public realm vision: particular attention has been given to the choice of paving to make the edge attractive and well used. The main residents’ entrance, in between Blocks A and B, has been framed to draw pedestrians through the space. The proposed palette of external materials (ceramic tiles, textured metal infill panels, projecting window surrounds, windows with propjecting mullions, metal railings to balconies, glazed screens, metal panels, metal canopy, metal grill, double height retail glazing, structural columns recessed behind glazing, anodized panels, splayed double anodized panels, back painted glass, anodized metal fins, projecting anodized metal canopy) would further enhance the high quality design of the scheme to ensure that it is policy compliant as required for high density residential led mixed use development with tall builidings.
The density of the scheme would be 838 habitable rooms (1,783 habitable rooms per hectare) and be in excess of the London Plan density matrix of 1,100 hrh for such sites. It should be noted that the previous officer committee report included an inaccurate density figure of 1,690 habitable rooms with a resultant density of 3,449 habitable rooms per hectare. The density of the refused scheme was in fact 828 Habitable rooms 1,762 habitable rooms per hectare. Density is not to be used mechanistically but rather as a guide to assist high quality design. The emerging London Plan is proposing to omit the density matrix. The scheme makes best use of the site’s constraints whilst responding to the high quality aspirations of the development plan that encourages high density mixed use redevelopment proposals to meet the strategic regeneration and spatial objectives for this key Southern Gateway site. The proposed tall buildings would be positioned distant from the neighbouring low density, 2 storey residential properties in Conway Gardens (south of the site) and not have an adverse impact on their amenities. The approved Imperial College scheme would be the immediate neighbour to the subject application proposal and the existing residents at Conway Gardens and does include a taller building (31 storeys) than those proposed. The proposed tall buildings would offer variation of shape and height and massing to the emerging cluster of tall buildings at the Southern Gateway. The tall buildings would be located at a significant distance from the statutorily listed heritage assets of Wormwood Scrubs prison and the registered landscape at Kensal Green Cemetery. The emerging cluster of tall buildings at the Southern Gateway take into account these heritage assets. The evolution of a higher design quality for new development proposals including the subject application demonstrates such understanding and is thereby policy compliant.
The design of the residential accommodation would be further enhanced by the imposition of relevant planning conditions and informatives to improve its environmental performance
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and further mitigate against environmental pollution for future residential occupiers of the development.
The overall design of this high density scheme would be development plan policy compliant in terms of urban design (sense of place, density, new public realm, landscaped areas and active frontages) residential amenity external and internal amenity space standards; not have an adverse impact on existing and future residential neighbouring properties and offer acceptable residential amenity for future occupiers (daylight and sunlighting); respect the setting of heritage assets; optimise development potential. As such the development proposal is considered to be of high quality design and would be in accord with the relevant design policies as set out in the London Plan, the Ealing Development (or Core) Strategy DPD, the Ealing Development Sites DPD, the Ealing Development Management DPD and the NPPF.
Energy and Sustainability
An Environmental Sustainability Statement Rev 4 (15 June 2017) and TM59 Overheating Report Rev 01 (14 June 2017) and additional information (24 October 2017) prepared by Aecom have been submitted to demonstrate compliance with London Plan, OPDC and Ealing Local Plan energy and sustainability policies. The sustainability section of the report demonstrates that the development will meet high standards of sustainable design and construction as required by policy 1.2f of Ealing’s Core Strategy and London Plan policy 5.3. An Indicative BREEAM Pre-Assessment for the commercial spaces has been also provided demonstrating the measures that if incorporated will achieve a BREEAM standard Very Good or 55.9% (>55%) based on the most up to date guidance and as required by Ealing LV policy 5.2I.
With regards to the energy strategy proposed, the energy strategy has followed the principles of the Energy Hierarchy and it recommends efficient heating systems including onsite gas fired communal heating as an interim solution until connection to the site wide CHP network is operational to comply with the London Plan 5.2 policy. The combination of the energy efficiency measures together with temporary heat and hot water supply solution and connection to the area wide heat network proposed for OPDC North Acton Phase A predict an overall reduction in regulated CO2 emissions of 219.4 tonnes equating to 53% over the compliant BR Part L 2013 base case. The residential component of the proposed scheme triggers compliance with the zero carbon homes policy of the London Plan and the commercial element with the 35% CO2 emissions reduction as required by London Plan policy 5.2. The applicant is proposing to connect to the area wide heat network when this is delivered, otherwise an alternative low carbon solution will need to be identified. The applicant should also investigate the use of renewable technologies.
Any carbon shortfall the applicant will have to address it through a carbon offsetting contribution which will be secured in the legal agreement.
An improved design scenario has been proposed by the applicant to assist with minimising the risk of overheating in the majority of habitable spaces including internal blinds, green roofs, MVHR etc. These measures together with the energy efficiency measures result in the majority of habitable spaces complying with the relevant guidance. Mechanical ventilation will also be required in the communal corridors to achieve acceptable levels of internal temperatures. However, a bigger range of residential units as well as the non- residential units should be assessed for overheating and demonstrate that solar gains will not exceed the minimum requirements by Building Regulations Part L 2013.
Whilst the information submitted demonstrates that the development will be sustainable and energy efficient, there is a number of outstanding information that is proposed to be dealt through planning conditions and planning obligations. The proposed energy and
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sustainability elements of the scheme would be policy compliant and would be secured by way of relevant planning conditions and clauses within the proposed Section 106 agreement.
Affordable Housing/Viability
The application would provide 100% private rented accommodation of which a minimum of 35% (habitable rooms) (294 habitable rooms or 124 dwellings) would be discounted market rented units and would be offered and delivered as intermediate affordable housing. A minimum of 30% of the habitable rooms would be delivered at London Living rent with the remainder being a blended rate of 75% to fit a household income of £60,000 to meet the Mayor’s emerging affordable housing policy.
The affordable housing offer is provided as Discounted Market Rented units in perpetuity and would be: 35% habitable rooms with 30% of the DMR units at London Living rent levels (maximum household income of £60,000) all to be provided within Block C; the remainder of Block C at 75% of open market rent and remainder of affordable in Block A at 80% of open market rent.
The table below provides details of the unit type, number of units of the offered London Living rented units:
Unit Type Number of Units 1 bed 23 2 bed (3p) 14 Total 37 The Table below provides details of the unit type, number of units of the discounted market rented units:
Unit Type Number of % discount of Number of % discount of Units market rent Units market rent Block C Block A 1 bed 13 75% 42 80% 2 bed 10 75% 22 80% Total 23 75% 66 80%
The applicant’s viability appraisal has been independently and robustly assessed on behalf of the Council. The scheme would also be subject to a two stage review mechanism to ensure that the Council gets the best affordable housing offer based on viability and taking account of the potential growth expected at North Acton with the opening of cross rail at Acton mainline station and the rapid transformation of North Acton to a mixed use area with significant residential accommodation. This is to be underpinned by way of relevant clauses within the proposed Section 106 agreement.
Transport
Parking:
A total of 16 car parking bays including 2 disabled spaces would be provided on site. This would meet the minimum London Plan requirement (every development providing off-street parking should provide at least two bays designated for Blue Badge Holders). In addition, the applicant proposes to convert additional spaces to Blue Badge holders on demand. The criteria and process for designating a new Blue Badge bay would be managed via the
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travel plan. A parking management plan which sets out how the parking would be managed on site is requested by way of a planning condition.
The proposed parking provision is acceptable for the following reasons: The site is adjacent to North Acton tube station. It is served by 5 bus routes all of which fall within 5 minutes walking distance of the site. The site has a PTAL score of 5 (good) and this is expected to rise to 6a (excellent) with the advent of Crossrail. In addition, a site-wide travel plan is also proposed.
Electric vehicle charging points (EVCP) should be provided in accordance with London Plan standards. This equates to a minimum of 3 active and 3 passive EVCPs. To prevent potential parking displacement, the applicant would be required to enter into a S106 agreement to deny occupants of the development the right to purchase CPZ permits.
The provision of 511 long stay and 41 short stay cycle parking spaces would meet the latest London Plan cycle parking standards. A breakdown is provided below as follows: Residential: 504 long stay and 10 short stay spaces Commercial: 7 long stay spaces and 31 short stay spaces
With respect to cycle storage, the proposed cycle stores for Blocks A and C are acceptable. The internal cycle store for Block B however, is situated at the rear of the site which is some distance from Victoria Road. Furthermore, access to this store would be along the northern boundary of the site. The provision of internal stores is welcomed but it is recommended that each store is sub divided into clusters of around 30-50 bicycles with separate access controls. Additionally, residential cycle parking would be provided on the mezzanine floor which is not ideal. It is therefore required that a large lift (ie. 2.5m x 2.0m) capable of accommodating two bicycles be installed. Wide steps with a wheelie ramp on the side should be provided to the mezzanine floor.
Short stay cycle parking spaces and long stay commercial cycle parking would be located along the southern boundary of the site. It would be preferrable if the short stay spaces would be spread across the entire site and positioned near building entrances or integrated into the public realm to provide more direct and closer access to each of the blocks. All short-stay cycle parking spaces must be provided in a covered, secure and sheltered environment while long stay spaces should be provided in a covered, secure, lockable and enclosed compound. The type of stands proposed to be used would need to allow both wheels and the frame of the bicycle to be locked and no more than 50% of the cycle parking should require lifting. It is therefore recommended that details of cycle parking are requested by way of a condition.
To encourage green travel, the applicant is required to enter into a S106 agreement to secure a car club for the site and to provide a free car club membership to all eligible residents for a minimum period of 3 years.
Access, Internal Layout and Servicing:
The primary site access would remain on Victoria Road. It would a single wide access for all modes serving both the northern (Essential Living) and southern (Imperial College) parts of the Perfume Factory site. In addition, it is planned to allow left in- left out vehicle movements only in and out of the site except for emergency vehicles. The access road into the site is to be designed as a shared surface. The proposal for a level shared surface is supported but it is recommended that pedestrian routes must be delineated.
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Separate access points for pedestrians/cyclists are proposed between Blocks A and C and the northern end of the site. The applicant would be required to enter into a S278 agreement for works at the site access and any other measures on the public highway.
The detailed design of measures to enforce a sole left access/egress restriction is requested by way of a condition. Implementation of the works would be subject to a S.278 agreement. It is recommended that design must not prevent emergency vehicles from turning right into the site.
A layby and turning head for servicing is situated on the northern side of the access road which is roughly in the centre of the site. This is intended to accommodate a 10 metres long rigid vehicle, which would be the largest vehicle serving the site. It is considered that the location of the turning head is not ideal and would request the possibility of introducing a turning head at the eastern end of the access road is explored. The applicant has provided swept path drawings to demonstrate that a 10 metres long rigid vehicle can safely use the turning head. In the event that the proposed turning area is retained in its current position, Transport would request that delivery vehicles reverse into the loading area with the help of a banksman/Traffic Marshall.
The applicant has submitted an outline delivery and servicing plan (DSP) which is unacceptable in its current form because it neither proposes a concierge/holding area for deliveries nor outline steps to consolidate freight in order to reduce the number of vehicle movement. A full DSP is therefore requested by way of a condition.
A booking system is proposed to prevent multiple delivery vehicles arriving on site at the same time which is beneficial. The access road and service area will need to be managed to be controlled and managed properly to prevent obstructive parking and congestion.
A car park containing 16 spaces including two disabled bays is located at the south eastern corner of the site. The general layout of the car park and parking bays is acceptable but swept path drawings of cars/service vehicles entering and leaving the car park, and spaces located at either end of the row of parking bays are requested.
It is estimated that there would be 10 No. two-way servicing trips during the AM Peak, and 2 No. two-way servicing trips during the PM Peak. Most of these are expected to be cars and LGVs. The maximum number of in-bound servicing trips expected daily is 39. Assuming a 20 minutes dwell time and provision of two spaces for loading, it is considered that predicted level of servicing demand can be safely accommodated on site.
Trip Generation and Network Impact:
The proposed development is expected to generate nearly 222 and 181 person trips respectively during the AM (08.00 -09.00) and PM (17.00-18.00) periods. The change of use from mainly office to residential and the significant reduction in parking provision would result in less vehicle movements compared with the existing.
Notwithstanding the above, a significant number of person trips would be generated by the site and this would give rise to an increase in crossing demand, conflicts at crossing points, add to congestion on surrounding footways and increase road safety risks. A contribution has therefore been sought towards appropriate mitigation measures.
Public Transport:
There is evidence of overcrowding at North Acton and buses are running close to capacity during the morning and evening peak period. The development would generate a significant amount of public transport trips and thus add more pressure to the station
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capacity problem at North Acton underground station. The current bus demand at North Acton is high and the development would give rise to an increase in bus use. Given the existing bus capacity and the number of services and stops within the area, this is not expected to have any adverse impacts which justify mitigation. There are 5 bus routes within 500 metres of the site (260, 266, 440, 487 and 95).
North Acton tube is at capacity and the existing station and gate lines are unable to cope with passenger demand during peak hours. Further, North Acton station is set to attract a high proportion of all trips from the development given. The station needs step free access and capacity enhancement in response to projected development demand in the area. Transport for London (TfL) is expected to request a contribution towards improvements to North Acton underground station.
The 2 main rail stations within a mile radius of the site are Willesden Junction to the north and Acton Main Line to the south. In addition, Acton Main Line will be served by Crossrail from 2018, with up to 6 trains an hour.
Travel Plan:
The applicant has submitted a draft framework travel plan. The plan has been reviewed by Transport officers and it is not acceptable in its current form.
The following amendments have been suggested: The framework travel plan does not contain details of the travel plan coordinator. Absolute figures should be indicated alongside % targets Budget allocation for each travel plan measure should be indicated against each item on the action plan where appropriate.
An updated plan is therefore requested by way of a condition and secured via the S.106 agreement.
Construction Logistics Plan:
The applicant has submitted a draft construction logistics plan (CLP). Transport officers have reviewed the plan and it needs further changes including: a) Details of emergency contact b) Measures to encourage construction staff to travel to work by public transport c) Need to engage a mechanical road sweeper capable of attending site within 3 hours d) Revised lorry route A revised CLP is therefore requested by way of a condition.
Planning Obligations:
A list of the recommended planning obligations is provided below: a) S106 agreement restricting residents/businesses of the development the right to purchase CPZ permits – To prevent parking displacement from the development. b) £400,000 towards public realm improvements on Victoria Road linking in with Station Square Project – To provide a safer and pleasant pedestrian environment to accommodate the additional demand on this stretch of road which is adjacent to the development. c) £3,000 towards travel plan monitoring – To fund the cost of administering the travel plan d) Car Club Scheme via S106 – One car club bay to be provided on site and free membership for all eligible occupants for a minimum period of 3 years. e) Travel plan secured via S106.
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Recommendation: Transport would raise no objection to the proposal subject to a Section 106 contribution of £403,000 towards highways and public realm improvements (excluding any S106 requests for TfL). The following conditions are recommended to be included within any planning permission: a) Cycle parking b) Electric vehicle charging points c) Parking management plan d) Delivery and servicing plan e) Travel plan via a S106 f) CPZ permit restriction g) Car club scheme
and a S.278 to implement off site highway works (site access, etc.).
Section 106 Planning Obligations
The proposed scheme would be mitigated by relevant financial and non-financial clauses within a proposed section 106 agreement to secure affordable housing in perpetuity; a review mechanism to see whether the scheme can afford to deliver additional affordable housing beyond a minimum of 35% (habitable rooms); transport, public realm and accessibility improvements; health; education; construction, employment and training contributions; and energy monitoring; travel plan; car club; car parking permit restriction; lifetimes homes standards; 10% wheelchair provision and payment of the Council’s legal and professional costs incurred in preparing the Section 106 agreement.
Community Infrastructure Levy
The Mayor’s Community Infrastructure Levy (CIL) was adopted on 01/04/2012 and introduced a charging system within Ealing of £35 per sqm of gross internal area (GIA) to be paid to the GLA. The application would be required to make a payment to cover Mayoral CIL; the amount of which depends upon the quantum of existing building floor space once the permission is issued. The discounted market rented dwellings could be eligible for social housing relief exemption being an intermediate affordable housing product which would reduce the above Mayoral CIL figure.
Conclusion
Overall the development proposes a high quality residential-led mixed use regeneration of this important sub-regional site whilst achieving strategic and local regeneration and spatial objectives. It would deliver a high quality and modern re-provision of commercial space with a significant quantum of new residential accommodation to a high standard with a good mix of unit sizes (studios up to 3 beds) that generally comply with adopted standards. The urban design of the scheme would create a high quality sense of place with a mixture of uses that accord with the development plan and respects the townscape and settings of recognised heritage assets. The accompanying environmental statement has been fully assessed and its supporting methodology, findings and conclusions are accepted. The objections from third parties have been reviewed and acknowledged in this report, however, these are insufficient to outweigh the recommendation for approval. It is therefore recommended that planning permission be Approved with Conditions subject to a Section 106 agreement and Stage 2 referral to the Mayor of London.
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Human Rights Act:
In making your decision, you should be aware of and take into account any implications that may arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as the London Borough of Ealing to act in a manner, which is incompatible with the European Convention on Human Rights.
You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation for approval of the grant of permission in this case interferes with local residents’ right to respect for their private and family life, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case, the rights of the applicant). The Council is also permitted to control the use of property in accordance with the general interest and the recommendation for approval is considered to be a proportionate response to the submitted application based on the considerations set out in this report.
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