DEVELOPMENT CONTROL COMMITTEE 04/11/2020 REPORT by Assistant Director of Strategic Planning & Infrastructure INDEX the Russ

DEVELOPMENT CONTROL COMMITTEE

04/11/2020

REPORT BY

Assistant Director of Strategic Planning & Infrastructure

INDEX

ITEM REGISTER NO ADDRESS DESCRIPTION RECOMMENDATION PAGE NO NO

A1 19/02937/OUT 187 Ewell Demolition of existing PERMIT A4 Road, building and Approved, subject to Surbiton, KT6 redevelopment of site completion of legal 6AP. for up to 59 residential agreements units (Class C3) with associated car and cycle parking, amenity space and associated works (outline application to consider access and layout)

A2 19/02715/FUL The Demolition of existing PERMIT A44 Russets, building and erection of Approved, subject to Kingston Hill, a Care home (Use completion of legal Kingston Class C2) to agreements Upon accomodate 19x care Thames, units. Alterations to site KT2 7LX layout, provision of 14x external car parking spaces,10x cycle parking and rear garden landscaping. Erection of boundary wall around the land parcel with two front access gates

REPORT BY THE

Assistant Director of Strategic Planning & Infrastructure

PLANNING APPLICATIONS

Background Papers

Item A1 Background Papers Application Reference 19/02937/OUT-187 Ewell Road, Surbiton, KT6 6AP.

All Background Papers are available on the Council's website for review

● Application Form; ● Deposited Plans; ● Financial Viability Report dated October 2019; ● Independent 3rd Party viability assessment review April 2020; ● Planning Application Design and Access Statement Part 1 dated 04/11/19; ● Planning Application Design and Access Statement Part 2 dated 04/11/19; ● Planning Application Design and Access Statement Part 3 dated 04/11/19; ● Planning Application Design and Access Statement Part 4 dated 04/11/19; ● Planning Application Design and Access Statement Part 5 dated 04/11/19; ● Planning Application Design and Access Statement Part 6 dated 04/11/19; ● Planning Application Design and Access Statement Part 7 dated 04/11/19; ● Planning Application Design and Access Statement Part 8 dated 04/11/19; ● Accommodation Area Schedules dated 05/11/19; ● Daylight and Sunlight Report dated October 2019; ● Framework Travel Plan dated October 2019; ● Cover Letter dated 11/11/19; ● Noise Assessment dated October 2019; ● Phase 1 Environmental Review October 2019; ● Planning Statement dated November 2019; ● Supplementary Information Template dated November 2019; ● Energy Statement dated November 2019; ● Sustainability Statement dated November 2019; and, ● Tree Survey Report dated February 2019.

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Item A2 Background Papers Application Reference 19/02715/FUL-The Russets, Kingston Hill, Kingston Upon Thames, KT2 7LX

All Background Papers are available on the Council's website for review

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● Application Form; ● Deposited Plans; ● Cover Letter dated 25/10/19; ● Arboricultural Statement dated 11/10/19; ● BREEAm Report dated 16/10/19; ● Design and Access Statement dated October 2019; ● Energy Statement dated 10/10/19; ● Planning Statement dated October 2019; and, ● Transport Statement dated October 2019.

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Address: 187 Ewell Road, Surbiton, KT6 6AP

(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285. [Please note that this plan is intended to assist in locating the development; it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

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Ward: Berrylands Description of Proposal: Demolition of existing building and redevelopment of site for up to 59 residential units (Class C3) with associated car and cycle parking, amenity space and associated works (outline application to consider access and layout)

Plan Type: Outline Application

EXECUTIVE SUMMARY

1. This application seeks outline planning permission, with all matters reserved for future consideration except for access and layout, for redevelopment of the 187 Ewell Road including.

● Demolition of existing buildings on site and erection of a building to accommodate 59 residential units (Use Class C3) comprising ○ 22 x 1 Bedroom units 37 % ○ 25 x 2 Bedroom units 43 % ○ 12 x 3 Bedroom units 20 % ● 7 Affordable Units (12%) comprising ○ 4 London Affordable Rent Units ○ 3 Shared Ownership Units ● 39 car parking spaces comprising ○ 6 Accessible spaces ○ 8 spaces provided with Active Electrical Charging Points (controlled by Condition) ○ 31 spaces provided with Passive Electrical Charging infrastructure (controlled by Condition) ● Car Capped development ● 116 Bicycle Parking spaces ● Approx. 600sqm of external communal amenity space sqm

2. Indicative plans have been submitted indicating that 59 residential units would be delivered across 6 floors of accommodation with all units having access to private outdoor amenity space. 3. The application includes the removal of three trees. Full details of the tree removal and retention plan would need to be submitted with the reserved matters. Replacement planting would be controlled by way of a planning condition and through any reserved matters application.

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RECOMMENDATION;

4. Approve subject to completion of relevant legal agreements under the Town and Country Planning Act 1990 (as amended), as specified in the legal agreements section, and to delegate to the Head of Development Management any consequent changes to conditions and legal agreements to be agreed in consultation with the Chair of the Development Control Committee.

Planning Application Fact Sheet

Planning Proposed Relevant Standard Compliance Issue with Development Plan?

Affordable 7 Units (12%) 50% of the units to be Yes housing Independently delivered as Affordable assessed by third units, or in the event that party Viability the delivery of 50% of the Consultants units as affordable is not viable then the maximum reasonable amount of affordable units.

Employment 0 sqm of Re-provision of No Employment Employment Floorspace / Space Proposed Capacity

Cycle parking 116 Spaces 98 spaces Yes

Energy 35% reduction on Zero carbon Yes site with rest off set by contributions. However, this would be further assessed at the reserved matters stage.

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SITE DESCRIPTION

5. The application site measures approx 3675sqmm (0.3674ha) and contains a part single, part two storey office building (B1a) with a floorspace of 1887.8sqm. Behind the site (to the east) lies a 4 storey residential development (Kingfisher Court). To the south is a 5 storey residential flatted development (Brunswick Lodge), whilst to the north lies a 4 storey office building (Millbank House). 6. The site does not lie within, but is located close to two Conservation Areas (Oakhill to the north-west and Fishponds to the east and south). The subject building is not listed nor is it locally listed. 7. The site has a Public Transport Accessibility Advice Level (PTAL) of 2 (low) and does not lie within a Controlled Parking Zone (CPZ), however, the land to the north of the site sits within a Permit Parking area and the land to the west is within a CPZ. 8. The site falls within Flood Zone 1 (lowest probability of flooding) and does not have any identified issues with surface water flooding. 9. A Horse Chestnut tree located at the front of the site (western boundary) is protected by a Tree Preservation (TPO). The majority of the site is covered in hardstanding, with landscaping along the eastern boundary and part of the northern boundary.

THE PROPOSAL

10.Outline planning permission is sought for the demolition of the existing building and the erection of a building to accommodate 59 residential units. The illustrative plans submitted show a proposed building with a maximum height of 6 storeys dropping down to 3 storeys as you move to the rear of the site. Illustrative plans and CGIs set out below show a L-shaped building.

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Indicative Site Plan

Indicative Front elevation

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Indicative Side elevation

Indicative CGI

11.An application for outline planning permission is used to establish whether in principle the development would be acceptable. This type of planning application allows fewer details about the proposal to be submitted. Notwithstanding, the applicant has submitted indicative plans indicating how 59 units could be delivered on the site. Officers have assessed those plans purely as an indication of how the development might be delivered, in the full knowledge that certain matters are not for consideration now but reserved for future consideration.

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12.If outline planning permission is granted, any details reserved for future consideration would be the subject of future reserved matters applications. In the case of this application all matters except for means of access and layout have been reserved for future consideration. 13.The matters for consideration as part of this application are, the principal of the development and matters relating to:

Access The accessibility to and within the site, for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network

Layout The way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development

14.The matters reserved for future consideration (the reserved matters) are:

Appearance The aspects of a building or place within the development which determine the visual impression the building or place makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture

Landscaping The treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes:

a. screening by fences, walls or other means; b. the planting of trees, hedges, shrubs or grass; c. the formation of banks, terraces or other earthworks; d. the laying out or provision of gardens, courts, squares, water features, sculpture or public art; and e. the provision of other amenity features.

Scale the height, width and length of each building proposed within the development in relation to its surroundings

15.If outline planning permission is granted, a reserved matters application must be made within three years of the grant of permission (or a lesser period, if specified by a condition on the original outline approval). The details of the

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reserved matters application must accord with the outline planning permission, including any planning conditions attached to the permission.

16.Plans have been submitted with the application setting out the proposed layout of the building. It is proposed that the building would run north to south along the centre of the application site, atop the area of the existing building, with parking located to the front (west) and side (south) of the proposed building, with a landscaped area to the rear (east).

Plan showing the proposed Layout.

17.The proposed building would contain:

● 59 residential units (Use Class C3) comprising ○ 22 x 1 Bedroom units 37 % ○ 25 x 2 Bedroom units 43 % ○ 12 x 3 Bedroom units 20 % ● Including 7 Affordable Units (12%) comprising ○ 4 London Affordable Rent Units ○ 3 Shared Ownership Units

18.It is proposed that vehicular access would be achieved via a single point of access from Ewell Road. Pedestrian access would be provided via 2 separate pedestrian access points also off Ewell Road. In addition to the above, the proposals include:

● 39 car parking spaces comprising

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○ 6 Accessible spaces ○ 8 spaces provided with Active Electrical Charging Points (controlled by Condition) ○ 31 spaces provided with Passive Electrical Charging infrastructure (controlled by Condition)

19.The proposal includes 116 cycle spaces, the indicative plans show that spaces would be located on the ground floor of the proposed building. The development would be car-capped, this would be secured by legal agreement.

RELEVANT PLANNING HISTORY

17/16966/PNO Change of use from Office (Class B1(a)) to Prior Approval Residential (Class C3) to provide 30 x Granted residential units 09/02/2018

COMMUNITY ENGAGEMENT

20.The developer consulted the local community on the proposed development as part of the pre-application process. Local residents and community groups were invited to attend a public exhibition at Surbiton Hill Methodist Church on Monday 21 October between 3pm and 8pm.

CONSULTATION

21.A site notice was displayed on site and a press notice was included in the Surrey Comet on the 12/12/2019. 22.A total of 129 notification letters were sent to neighbouring properties. Below is a summary of the responses:

Number of letters Sent 129

Number of Responses 36 Received

Number in Support 0

Number of Objections 36

Grounds for objection

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● Building should be reused for hospital use ● Inappropriate site for housing ● Access/traffic problems ● Car park issues ● Effects on trees ● Excessive height or bulk of buildings ● Fumes ● Inadequate landscaping/means of enclosure ● Inappropriate design/layout ● Loss of light/Sunlight ● Noise ● Privacy

Other consultee comments:

Consultee Comments

Local Lead Flood No comments at time of writing, any comments Authority (LLFA) received will be reported to the Committee as late material.

RBK Neighbourhood No objections subject to conditions and legal Traffic Engineer agreement

RBK Sustainable Travel No objections subject to conditions Officer

RBK Urban Design No objection subject to conditions. Comments

Independent Viability Conclude that the offer made of 4 London Affordable Review Rent Units and 3 Shared Ownership Units is the maximum level of affordable housing the proposed development can yield for the scheme to remain viable.

RBK Pollution Control No comments at time of writing, any comments Team received will be reported to the Committee as late material.

Designing out Crime No objection subject to conditions Officer

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RBK Trees and No objection Landscape Officer

RBK Waste Team No comments at time of writing, any comments received will be reported to the Committee as late material.

RBK Biodiversity Officer No comments at time of writing, any comments received will be reported to the Committee as late material.

Policies

23.The Council as Local Planning Authority has a duty under Section 38 (6) of the Planning and Compulsory Purchase Act 2004 and Section 70(2) of the Town and Country Planning Act 1990 to determine this application in accordance with the Development Plan unless material considerations indicate otherwise. Section 70(2) of the Town and Country Planning Act 1990 (as amended) (1990 Act) requires local planning authorities when determining planning applications to “have regard to (a) the provisions of the development plan, so far as material to the application, (b) any local finance considerations, so far as material to the application, and (c) any other material considerations”. At present in relation to this application the relevant parts of the Development Plan consists of the Royal Borough of Kingston upon Thames LDF Core Strategy 2012, The Kingston Town Centre Area Action Plan (AAP) 2008 and the London Plan March 2016. 24.The Draft London Plan was published in December 2017 and is a material consideration in planning decisions. It gains weight as it moves through the process to adoption and the weight given to the policies is for the decision maker. The Plan is at an advanced stage. Policies contained in the Intend to Publish (ItP) London Plan published in December 2019 that are not subject to a direction by the Secretary of State carry significant weight. 25.The latest version of the National Planning Policy Framework (NPPF) was published in February 2019. This document provides guidance to local planning authorities in producing local plans and in making decisions on planning applications. The NPPF is intended to make the planning system less complex and more accessible by summarising national guidance which replaces numerous planning policy statements and guidance notes, circulars and various letters to Chief Planning Officers. The document is based on the principle of the planning system making an important contribution to sustainable development, which is seen as achieving positive growth that

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strikes a balance between economic, social and environmental factors. The NPPF falls within the other material considerations of the s.38(6) test. 26.The Development Plan remains the cornerstone of the planning system. Planning applications which comply with an up to date Development Plan should be approved. Refusal should only be on the basis of conflict with the Development Plan and other material considerations.

Assessment

Principle of Development

Loss of Employment Land/ Floorspace

27.Paragraph 121 of the NPPF (2019) states that local planning authorities should take a positive approach to applications for alternative uses of land which is currently developed but not allocated for a specific purpose in plans, where this would help to meet identified development needs. In particular, they should support proposals to: inter alia a) use retail and employment land for homes in areas of high housing demand, provided this would not undermine key economic sectors or sites or the vitality and viability of town centres, and would be compatible with other policies in the Framework. 28.Policy DM17 of the Core Strategy 2012 seeks to protect all employment land and premises outside of designated employment locations, to provide employment. 29.The application proposes the loss of all employment floorspace at the site without any reprovision. The applicant has not submitted any details of a marketing exercise. Indeed, they confirm that the site has not been marketed for an ongoing employment use and instead they highlight the period of vacancy in the neighbouring Office complex (Millbank); the period of vacancy of the host property, some 4 plus years; and the alleged “fringe” status of the site and the impact this has on attracting a future tenant. 30.Officers acknowledge the submission by the applicant and note the support for reusing brownfield land for residential development; however, absent any marketing evidence it is considered that an economic case for releasing the site from an employment use has not been made, as such there is a conflict with policy. 31.Whilst there is a conflict with planning policy, as set out above, it must be acknowledged that there is a lawful “fall-back” position which permits the change of use of the existing building from an employment use to a residential use. Officers conclude that this “fall-back” position neutralises the effect of the breach of policy to such an extent that the breach is of neutral weight in the planning balance.

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Housing Delivery

32.Policy 3.3 of the London Plan March 2016 states that the Mayor recognises the pressing need for more homes in London in order to promote opportunity and provide a real choice for all Londoners in ways that meet their needs at a price they can afford. Working with relevant partners, the Mayor will seek to ensure the housing need identified in paragraphs 3.16a and 3.16b of the London Plan (49,000 (2015-2036) and 62,000 (2015-2026)) is met, particularly through provision consistent with at least an annual average of 42,000 net additional homes across London which will enhance the environment, improve housing choice and affordability and provide better quality accommodation for Londoners. 33.Table 3.1 (Annual average housing supply monitoring targets 2015 - 2025) of the London Plan requires the delivery of 6,434 dwellings within the plan period 2015-2025, a rate of 643 dwellings per year within the Royal Borough of Kingston-upon-Thames which is almost double the previous rate of 375 dwellings per year identified in the 2011 London Plan. 34.Policy CS10 of the Core Strategy 2012 states that the Council will seek to ensure that a broad mix of accommodation options are available to residents and that a range of local housing needs are met. It continues that the Council will expect all new residential developments to positively contribute to the Borough’s existing residential environment and character, in accordance with the Borough Character Study 2010, whilst optimising housing output in line with London Plan density policies. 35.The delivery of up to 59 dwellings on a sustainable and previously development site would be in accordance with relevant housing delivery policies in the development plan.

Housing Mix

36.Policy DM13 of the Core Strategy states that the the Council will expect proposals for new residential development to incorporate a mix of unit sizes and types and provide a minimum of 30% of dwellings as 3 or more bedroom units, unless it can be robustly demonstrated that this would be unsuitable or unviable. 37.The development would provide 12 x 3 bed units which would equate to 20% of the total number of units proposed. 38.The applicant has not robustly demonstrated that the provision of 30% x 3 bed units would be unsuitable or unviable. This would represent a conflict with the Policy DM13 of the Core Strategy which would weigh against the proposal.

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Affordable Housing

39.London Plan Policy 3.9 seeks to promote mixed and balanced communities by tenure and household income and Policy 3.12 seeks to secure the maximum reasonable amount of affordable housing. Policy H5 of the draft London Plan and the Mayor’s Affordable Housing and Viability SPG page 5 set a strategic target of 50% affordable housing. Policy H6 of the draft London Plan and the Mayor’s Affordable Housing and Viability SPG set out a ‘threshold approach’ whereby schemes meeting or exceeding a specific threshold of affordable housing (35% or 50% on industrial/public land) by habitable room without public subsidy and which meets other criteria are not required to submit viability information to the GLA, nor would the application be subject to a late stage review mechanism. 40.In support of this stance Core Strategy Policy CS10 seeks to maximise the delivery of affordable housing. Furthermore, Policy DM15 requires 50% of the units to be provided as affordable housing and proposals departing from these requirements will be expected to justify any lower provision through the submission of a financial appraisal. 41.A financial viability appraisal has been submitted with the application, this has been assessed by an independent third party consultant who has concluded that the development can support the delivery of affordable housing. 42.The applicant has offered to provide x4 London Affordable Rent Units and x3 Shared Ownership Units, to be secured by legal agreement. The independent third party consultant has confirmed that this would be the maximum reasonable amount which the proposal can viably sustain. Officers conclude that this carries significant weight in favour of the proposal. 43.Officers consider that the residential redevelopment of the site is in general conformity with the Development Plan. The conflict with the employment land policy has been neutralised owing to the “Fall-back” position, however, there does remain a conflict with the Council’s Housing Mix Policy, the weight to be attributed to the conflict is addressed elsewhere in this report.

Design, Character and Appearance

44.Paragraph 124 of the NPPF 2019 states that the Government attaches great importance to the design of the built environment. It states that ‘The creation of high quality buildings and places is fundamental to what the planning and development process should achieve” and ‘Good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities.’ Paragraph 130 states inter alia that where the design of a development accords with clear

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expectations in plan policies, design should not be used by the decision-maker as a valid reason to object to development. 45.Policy DM10 of the Core Strategy 2012 states that new development proposals will be required to incorporate principles of good design and those elements that are identified as contributing to the character and local distinctiveness of a street or areas which should be respected, maintained or enhanced. 46.Policy DM11 of the Core Strategy 2016 states that the Council should take a more flexible approach to new development where the existing development lacks any identifiable or cohesive character and / or is located in a lower quality environment; in these circumstances it will seek a high quality development that creates its own distinctive character. 47.The Intend to Publish London Plan at paragraph 3.3.6 states that “Good design and good planning are intrinsically linked. The form and character of London’s buildings and spaces must be appropriate for their location, fit for purpose, respond to changing needs of Londoners, be inclusive, and make the best use of the city’s finite supply of land. The efficient use of land requires optimisation of density. This means coordinating the layout of the development with the form and scale of the buildings and the location of the different land uses, and facilitating convenient pedestrian connectivity to activities and services”. 48.The application is in outline with matters of appearance and scale reserved for future consideration. However, layout is a matter for assessment as part of the application. Officers consider that the layout of the proposed building, on a similar footprint to the existing building, with areas for parking to the west and south, would respect existing building lines and as such would not result in a jarring or incongruous feature in the streetscene. 49.The application is supported by indicative plans showing a building with a maximum height of 6 storeys dropping to 3 storeys to the rear of the site (east), the indicative plans show a flat roof building predominately constructed from a light coloured brick with darker brick for the setbacks and a top storey setback also constructed from a darker brick. 50.Based on the indicative plans submitted Officers consider that the site could successfully accommodate a building like that proposed. However, details of scale and appearance would be reserved for future consideration.

Heritage

51.Paragraph 193 of the Framework states that when considering the impact of a proposed development on the significance of a designated heritage asset great weight should be given to the asset's conservation. The NPPF defines a Heritage asset as ‘a building, monument, site, place, area or landscape

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identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. It includes designated heritage assets and assets identified by the local planning authority (including local listing)’. Significance (for heritage policy) is defined as ‘the value of a heritage asset to this and future generations because of its heritage interest. The interest may be archaeological, architectural, artistic or historic. Significance derives not only from a heritage asset’s physical presence, but also from its setting’. 52.The site is not located within a Conservation Area, however, it is located close to and between the Oakhill and Fishpond Park Conservation Areas, and a number of locally listed buildings. 53.Given the context of the site, and based on the material submitted with the application, Officers consider that a development of up 59 residential units could be accommodated on the site without causing any harm to designated and non-designated heritage assets.

Quality of Accommodation

54.Policy 3.5 of the London Plan requires all new residential development to provide, amongst other things, accommodation which is adequate to meet people's needs. In this regard, minimum gross internal areas (GIA) are required for different types of accommodation, and new residential accommodation should have a layout that provides a functional space. The corresponding policies in the Intend to Publish London Plan are set out in Chapter 3, which states that housing development should be of the highest quality internally, externally and in relation to the wider environment. All the proposed new units would meet or exceed the minimum space standards. 55.The applicant has submitted indicative plans which demonstrate up to 59 units could be accommodated on site in a way which meets the required regional and local space standards.

Trees and Landscapes

56.Paragraph 170 of the NPPF states that planning decisions should contribute to and enhance the natural and local environment by, among other things, recognising the benefits of trees and woodlands. 57.Landscaping is a matter reserved for future consideration, however, the application is supported by an Arboricultural assessment which sets out that 3 trees would be removed. A full landscaping scheme would be required to be submitted at the reserved matters stage. Notwithstanding, an indicative landscape plan has been submitted which demonstrates that an attractive landscaping scheme is achievable.

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Impact on Residential Amenity of Neighbouring Sites

58.The Daylight, Sunlight and Overshadowing analysis which accompanies the application assesses the impact of the indicative scheme on the habitable rooms of various surrounding residential properties including Kingfisher Court, 187A Ewell Road, 1-20 Brunswick Lodge, 199 Ewell Road, 1-16 Park View, 201 Ewell Road, 194 Ewell Road, Dysart School, 190 Ewell Road, 1-12 Chalford Court, 182 Ewell Road and 176-180 Ewell Road. 59.The analysis concludes that whilst some properties would see a reduction in daylight / sunlight levels, all would retain a good standard of lighting amenity. 60.With regards to overlooking / privacy matters, the indicative scheme submitted shows that up to 59 units could be delivered on the site whilst maintaining a separation distance between habitable windows in excess of the guidance figure (21m) contained in the Council’s Residential Design SPD. 61.Officers conclude that the applicant has demonstrated that up to 59 units could be accommodated on the site in a way which would provide a good standard of amenity for all future and existing occupants of neighbouring properties and the proposed development.

Air Quality

62.Paragraph 170 of the NPPF states that: "Planning policies and decisions should contribute to and enhance the natural and local environment by:

e) preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. "

63.Paragraph 181 of the NPPF states Planning policies and decisions should sustain and contribute towards compliance with relevant limit values or national objectives for pollutants, taking into account the presence of Air Quality Management Areas and Clean Air Zones, and the cumulative impacts from individual sites in local areas. Opportunities to improve air quality or mitigate impacts should be identified, such as through traffic and travel management, and green infrastructure provision and enhancement. 64.The Intend to Publish London Plan policy states measures to design out exposure to poor air quality and noise from both external and internal sources, should be integral to development proposals and be considered early in the design process.

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65.The Royal Borough of Kingston has declared the whole borough as an Air Quality Management Area. The declaration was based on the risk of the objectives for nitrogen dioxide and PM10 being exceeded. 66.Officers acknowledge that the applicant has submitted an Air Quality Assessment prepared by Mayer Brown dated November 2019. 67.The report concludes that the proposed development does not raise any significant or other residual adverse impacts on the health and/or quality of life for any existing or proposed receptors, as a result of any anticipated changes to air quality. 68.It is considered that it is feasible to mitigate the potential impact of the development on local air quality and also the impact of air quality on future occupants by the imposition of suitable condition(s).

Highways and Transportation

69.National planning policy directs that in considering developments that generate significant amounts of movements, local planning authorities should take account of whether safe and suitable access to the site can be achieved for all people; and improvements can be undertaken within the transport network that cost effectively limits the significant impacts of the development. It continues by stating that development should only be prevented or refused on highway grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network are severe. 70.London Plan Policy 6.13 (Parking) states that the Mayor wishes to see an appropriate balance being struck between promoting new development and preventing excessive car parking provision that can undermine cycling, walking and public transport use. 71.Core Strategy Policies CS5, CS6, DM8 and DM9 are used to assess the potential impact of new development upon the surrounding highway network.The policies aim to reduce the need to travel by locating major trip generating development in accessible locations well served by public transport. 72.Policy DM10 states that development proposals should have regard to local traffic conditions and highway safety and ensure that they are not adversely affected. Policy DM9 states that new development should not contribute to congestion or compromise highway safety. Policy CS7 states that car use should be managed to ensure sustainability, road safety and reduce congestion, including car club schemes and the provision of electric vehicle charging points and managing on and off-street parking provision to promote sustainability and residential amenity.

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73.The site has a PTAL score of 2 (poor), the development would be car capped, in other words residents would be excluded from being able to obtain parking permits, this would be secured via a legal agreement. 74.A total of 39 spaces are proposed including 6 accessible spaces, a ratio of 0.66 spaces per proposed unit. 20% of the spaces would be provided with active ECP and 80% provided with passive infrastructure. The maximum parking allowance set out in regional planning policy for the development would be 59 spaces. However, the Highways Engineer raises no objection to the development to the provision of 39 spaces subject to, the development being car-capped, securing 2 years of free membership to a Car Club for each new dwelling, and a convenient public car club space to be provided on site. 75.A total of 116 cycle parking spaces are proposed. This would comply with the London Plan standard as set out in table 6.3 of the London Plan Policy 6.9 which would require 98 cycle parking spaces. 76.The submitted Transport Assessment concludes that the proposed change in use from Offices to residential would result in a decrease in vehicular trip generation. The Council’s Highway Engineer does not object on traffic impact. However, concern is raised about a proposed gated vehicular access. The proposed gated access does not conform with the Council's Sustainable Transport SPD and as such the details of a gated access, to ensure that if approved is not constructed closer to the back edge of the highway than 6m, should be controlled by a planning condition. 77.Overall, subject to the imposition of conditions and subject to legal agreement RBK Highways Engineer raises no objection to the proposal

Environment and Sustainability

78.Paragraph 148 of the NPPF 2019 states that the planning system should support the transition to a low carbon future in a changing climate, taking full account of flood risk and coastal change. It should help to: shape places in ways that contribute to radical reductions in greenhouse gas emissions, minimise vulnerability and improve resilience; encourage the reuse of existing resources, including the conversion of existing buildings; and support renewable and low carbon energy and associated infrastructure. 79.Policy 5.1 of the London Plan 2016 states that there is an aim to achieve an overall reduction in London’s carbon dioxide emissions of 60 percent (below 1990 levels) by 2025. Furthermore, Policy 5.2 states that development proposals should make the fullest contribution to minimising carbon dioxide emissions in accordance with the following points; use less energy, supply energy efficiently, use renewable energy. The LP also requires all major residential developments to be net-zero carbon.

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80.Policy 5.3 states that the highest standards of sustainable design and construction should be achieved in London to improve the environmental performance of new developments and to adapt to the effects of climate change over their lifetime. Development proposals should also demonstrate that sustainable design standards are integral to the proposal, including its construction and operation, and ensure that they are considered at the beginning of the design process. 81.Policy DM3 states that design proposals should incorporate climate change adaptation measures based on the type and extent of the main changes expected in the local climate throughout the lifetime of the development, this is likely to require a flexible design that can be adapted to accommodate the changing climate, e.g. provision of additional shading or cooling. The application is supported by an Energy and Sustainability Statement. It confirms that the proposal adheres to the adopted London Plan energy hierarchy of Be Lean, Be Clean and Be Green. There are no planned district heating networks within the vicinity of the proposed development, however, one may be planned in the future and as such, Officers consider that the development should be designed to allow future connection to a district heating network. This would be secured via conditions. 82.The carbon dioxide on-site savings accord with the target set within Policy 5.2 of the London Plan, representing an overall saving equivalent to a 35% reduction compared with a 2013 Building Regulations compliant development. The remaining carbon would be offset by a cash in lieu contribution which is currently predicted to be £50,400. 83.However, given that the application is in outline only, a revised Energy / Sustainability strategy would be required to be submitted at the reserved matters stage to clearly demonstrate that a carbon / greenhouse gas saving in excess of 35% could not be reasonably achieved onsite.

Ecology/Biodiversity

84.Policy 7.19 of the London Plan 2016 states that wherever possible development proposals should be planning for nature from the beginning of the development process and taking opportunities for positive gains for nature through the layout, design and materials of development proposals and that development should make a positive contribution to the protection, enhancement, creation and management of biodiversity. 85.Policy DM6 of the Core Strategy 2012 states that new developments should protect and promote biodiversity as part of sustainable design through the inclusion of sustainable drainage, tree planting, soft landscaping, habitat enhancement, green roofs and new or improved semi-natural habitats, where

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appropriate. The policy goes on to say that the Council requires an ecological assessment on major development proposals, or where a site contains or is next to significant areas of habitat or wildlife potential. 86.The site is not subject to any statutory or non-statutory nature conservation designations. 87.Matters relating to Landscaping and associated ecology enhancement would be captured at the reserved matters stage. However, Officers conclude that the biodiversity value of the site could be significantly enhanced through the submission of a robust landscape and ecology strategy.

Flood Risk and Drainage

88.Starting with the NPPF, Paragraph 163 states that when determining any planning applications, local planning authorities should ensure that flood risk is not increased elsewhere and that where appropriate, applications should be supported by a site-specific flood-risk assessment. Development should only be allowed in areas at risk of flooding where, in the light of this assessment (and the sequential and exception tests, as applicable) it can be demonstrated that:

● within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location; ● the development is appropriately flood resistant and resilient; ● it incorporates sustainable drainage systems, unless there is clear evidence that this would be inappropriate; ● any residual risk can be safely managed; and ● safe access and escape routes are included where appropriate, as part of an agreed emergency plan.

89.Paragraph 157 of National Planning Policy Framework indicates that the current and future impacts of climate change should be taken into account within the Flood Risk Assessment. 90.Policy 5.12 of the London Plan 2016 requires development proposals to comply with the flood risk assessment and management requirements set out in the NPPF and the associated technical guidance on flood risk over the lifetime of the development. 91.Policy 5.13 states that developments should utilise sustainable urban drainage systems (SuDS) unless there are practical reasons for not doing so and should aim to achieve greenfield run-off rates, ensuring that surface water run-off is managed as close to its source as possible. Drainage should also be designed and implemented in ways that deliver other policy objectives of the

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London Plan, including water use efficiency and quality, biodiversity, amenity and recreation. 92.Policy DM4 sets requirements for the submission of flood risk assessments in line with the NPPF. These should address all sources of flooding, the future impact of climate change and take into account the findings of the Borough’s Strategic Flood Risk Assessment (“SFRA”), national guidance and good practice guidance. It also requires developments to include Sustainable Urban Drainage Systems (SuDS) to manage and reduce surface water run-off unless it can be demonstrated that such measures are not feasible. 93.The site is located within Flood Zone 1 i.e is a site with the ‘Lowest Probability’ of flooding. 94.The proposal is also accompanied by a Drainage Strategy Report. The strategy comprises attenuating surface water on site before releasing the surface water into the public system at a rate of no greater than 3 times the estimated greenfield run-off rate. 95.Whilst the Applicant has submitted a drainage strategy in line with regional policy, Officers consider approving such a strategy at this stage of the process would be premature given the landscaping strategy is yet to be finalised. As such, Officers conclude that whilst the applicant has demonstrated that the site can be suitably drained a revised Surface Water Drainage strategy should be required at the revised matters stage if indeed the application is approved..

Refuse

96.London Plan Policy 5.7 (Waste Capacity) requires the provision of suitable waste and recycling storage facilities in all new developments. Guidance states that refuse stores should be accessible to all residents and should satisfy local requirements for waste collection. As shown on the indicative plans, refuse and recycling infrastructure could be satisfactorily accommodated at the ground floor level. However, if approved these details would be secured via condition.

Community Infrastructure

97.As of the 1st November 2015 the Council commenced the operation of a Community Infrastructure Levy (CIL) as a means of collecting monies to provide local infrastructure to offset the impact of developments. This replaced the S106 mechanism for collecting contributions for local infrastructure e.g. education and health with the exception of affordable housing. For the avoidance of doubt S106 contributions can only be collected to resolve site specific issues as a result of the proposed development.

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98.The application would be Kingston CIL liable. The application would also be liable to pay Mayoral CIL.The CIL charges are subject to the national Tender Price Index. In the event that the All-in Tender Price Index ceases to be published, the index referred to is the retail prices index; and the figure for a given year is the figure for November of the preceding year.

Legal Agreements

99.The applicant has agreed to enter into a legal agreement. The following Heads of Terms have been agreed :

● Carbon off-set payment of £50,400 (subject to revision on receipt of revised energy statement in support of reserved matters application) ● Affordable housing provision of ○ 4 London Affordable Rent Units and ○ 3 Shared Ownership Unit ● 2 years free Car Club membership for each dwelling ● The provision of a publicly accessible Car club space within the development

100. Subject to the signing of this legal agreement the proposal complies with policies 3.12, 5.1 and 5.2 of the London Plan, 2016 and policies CS10, DM9, DM10 and DM15, DM17 of the LDF Core Strategy, 2012.

Conclusion / Planning Balance 101. The application would secure the redevelopment of a previously developed site for the delivery of 59 residential units at a time when the Council is unable to demonstrate a deliverable supply of five years’ worth of housing land supply. This carries substantial weight in favour of the proposal. 102. Whilst it is acknowledged that the proposal would lead to the total loss of employment floorspace, given the “fall-back” position, this conflict with policy would be neutral in the planning balance. 103. The proposal would provide 7 affordable units, this has been deemed to be the maximum reasonable amount which the development can support and as such carries significant weight in favour of the proposal. 104. The proposal would fail to deliver 30% of the units as larger family units and no detailed justification has been submitted to support a departure from the policy. This carries significant weight against the proposal. 105. Also weighing in favour of the proposal would be the optimisation of a previously developed site and the ephemeral and long term economic benefits of the development in terms of construction activity and increased population. However, these benefits attract moderate weight.

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106. Officers conclude, on balance, subject to the proposed conditions and legal agreements, the adverse impacts of the development would not significantly and demonstrably outweigh the benefits of the proposal listed above.

Recommendation:

Approve subject to completion of relevant legal agreements under the Town and Country Planning Act 1990 (as amended), as specified in the legal agreements section, and to delegate to the Head of Development Management (Acting) any consequent changes to conditions and legal agreements.

Outline Planning Permission

1. The approved development shall be carried out in accordance with the following drawings/details unless they are highlighted as indicative, in which case they are for illustrative purposes only and are not binding on the Council in the determination of any reserved matters applications:

0492_PL_0001B _Existing Site Location Plan 0492_PL_0100_Existing Site Plan 0492_PL_0110_A Existing Ground Floor Plan 0492_PL_0111 A_Existing 1st Floor Plan 0492_PL_0200 A_Existing Elevations 0492_PL_0201_A Existing Elevations and Sections 0492_PL_1100 F_Proposed Site Plan 0492_PL_1200_E Proposed Ground Floor 0492_PL_1201 D_Proposed 1st and 2nd Floor Plan 0492_PL_1202 D_Proposed 3rd Floor Plan 0492_PL_1203 D_Proposed 4th Floor Plan 0492_PL_1204 D_Proposed 5th Floor Plan 0492_PL_1205 A_Proposed Roof Plan 0492_PL_2000_A Proposed Section A 0492_PL_3000_Proposed Indicative Street Elevation 0492_PL_3001 A_Proposed Indicative Front Elevation 0492_PL_3002_A Proposed Indicative Side Elevation South-East 0492_PL_3003_A Proposed Indicative Rear Elevation 0492_PL_3004_A Proposed Indicative Side Elevation North-West

Reason: For the avoidance of doubt and in the interest of proper planning.

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2 Application for approval of the reserved matters (Appearance, Landscape, and Scale) shall be made to the council before the expiration of 3 years from the date of this permission.

The development hereby permitted shall begin not later than the expiration of 2 years from the date of approval of the last of the reserved matters to be approved.

Reason: As required by Section 92 of the Town and Country Planning Act 1990.

3 Approval of the details of the

- Appearance; - Landscape; and, - Scale.

(hereinafter called "the reserved matters") shall be obtained from the council in writing before any development is commenced.

Reason: This is outline permission only and these matters have been reserved for the subsequent approval of the Local Planning Authority.

3 Bed (Family Sized) Units

4 The development hereby permitted must include a minimum of 20% of the total number of units to be 3 bed units and for the 3 bed units to be maintained as such for the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to ensure an appropriate level of provision of family sized accommodation and to accord with Policy DM13 of the Council’s adopted LDF Core Strategy April 2012.

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Accessibility

5 Other than demolition, no works shall be carried out until details demonstrating that all of the accommodation units will meet Building Regulation M4(2) standards and 10% of the units will be designed to be built to standards for wheelchair users (M4(3) standards) shall have been submitted to and approved by the Local Planning Authority. This will include details of the location of the wheelchair users units, ensuring these are provided across tenures and unit sizes.

Reason: These details are required prior to commencement of development because the details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure that an adequate level of accessible units are provided in accordance with Policy 3.8 of the London Plan (2016), Policy DM13 of the RBK Core Strategy (2012) and the Mayor's Housing SPG (2016).

Levels

6 The levels of buildings, roads, parking areas and pathways within the site shall only be in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority before development is commenced. Reason: These details are required prior to commencement of development because the details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure that the appearance and functioning of the development is satisfactory and to safeguard the amenities of adjoining occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012 and comply with Supplementary Planning Document 'Access for All' (July 2005).

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Drainage Strategy 7 Notwithstanding the information submitted, prior to commencement of above groundworks (excluding site investigations and demolition), the applicant must submit a final detailed drainage design including a Sustainable Urban Drainage System (SUDS) and Surface Water Drainage Strategy, drawings and supporting calculations and updated Drainage Assessment Form for approval by the local planning authority. A detailed management plan confirming routine maintenance tasks for all drainage components must also be submitted to demonstrate how the drainage system is to be maintained for the lifetime of the development. Reason: To prevent the risk of flooding to and from the site in accordance with relevant policy requirements including but not limited to London Plan Policy 5.13, its associated Sustainable Design and Construction SPG, the Non-Statutory Technical Standards for Sustainable Drainage Systems and Kingston Council’s Local Plan Policy DM4.

Drainage Strategy cont. 8 No building hereby permitted shall be occupied until evidence (photographs and installation contracts) is submitted to demonstrate that the Sustainable Urban Drainage Scheme (SUDS) for the site has been completed in accordance with the submitted details. The SUDS shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan for all of the proposed drainage components. Reason: To comply with the Non-Statutory Technical Standards for Sustainable Drainage Systems, the National Planning Policy Framework (Paragraph 103), the London Plan (Policies 5.12 and 5.13) along with associated guidance to these policies and Kingston Council’s Local Plan Policy DM4.

Flood Risk Management 9 Prior to the occupation of the development hereby permitted a detailed Flood Risk Management Plan shall be submitted to the local planning authority, including details of a satisfactory route of access and egress.

Reason: In order to safeguard the future occupiers of the development in accordance with Policy CS1 (Climate Change Mitigation) and CS2 (Climate Change Adaptation) of the Local Development Framework Core Strategy Adopted April 2012.

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Public Realm Improvements

10 Prior to the commencement of any above ground works, details of the public realm enhancements (for the area to front of development on Ewell Road) including paving materials and tree planting shall have been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

Contamination

11 If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the Local Planning Authority before the additional remediation works are carried out. The agreed strategy shall be implemented in full prior to completion of the development hereby approved.

Reason: To prevent harm to human health and pollution of the environment in accordance with the aims and objectives of the borough’s Local Plan and to safeguard the amenities of existing neighbouring occupiers and future residential occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

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Non Road Mobile Machinery

12 Prior to construction works commencing, the use of Non Road Mobile Machinery (NRMM) of net power between 37kW and 560kW is required to meet at least Stage IIIA of the EU Directive 97/68/EC and its amendments unless it can be demonstrated that Stage IIIA equipment is not available. An inventory of all NRMM must be registered on the NRMM register https://nrmm.london/user-nrmm/register. All NRMM should be regularly serviced and service logs kept on site for inspection. Records should be kept on site which details proof of emission limits for all equipment.

Reason: To ensure that the construction phase of the development will not result in a deterioration of local air quality in line with the Mayor of London’s Supplementary Planning Guidance (SPG) on the Control of Dust and Emissions During Construction and Demolition 2014 and to safeguard the amenities of existing neighbouring occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

Water Network 13 No properties shall be occupied until confirmation has been provided that either:- all water network upgrades required to accommodate the additional flows to serve the development have been completed; or - a housing and infrastructure phasing plan has been agreed with Thames Water to allow additional properties to be occupied. Where a housing and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed housing and infrastructure phasing plan.

Reason - The development may lead to no / low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development” The developer can request information to support the discharge of this condition by visiting the Thames Water website at thameswater.co.uk/preplanning.

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Secure by Design

14 The development hereby permitted shall incorporate security measures to minimise the risk of crime and to meet the specific security needs of the development in accordance with the principles and objectives of Secured by Design. Details of these measures shall be submitted to and approved in writing by the local planning authority prior to commencement of the development and shall be implemented in accordance with the approved details prior to occupation.

Reason: In order to achieve the principles and objectives of Secured by Design to improve community safety and crime prevention in accordance with Policy CS14 (Safer Communities) and Policy DM22 (Design for Safety) of the LDF Core Strategy Adopted April 2012 and Policy 7.3 (Designing out Crime) of the London Plan 2016.

15 Secure by Design Certification

Prior to occupation a Secured by Design final certificate shall be submitted to and approved by the Local Planning Authority.

In order to achieve the principles and objectives of Secured by Design to improve community safety and crime prevention in accordance with Policy CS14 (Safer Communities) and Policy DM22 (Design for Safety) of the LDF Core Strategy Adopted April 2012 and Policy 7.3 (Designing out Crime) of the London Plan 2016.

16 Materials

The development shall be completed in accordance with samples and/or manufacturing details where applicable for all visible facing materials including fenestration, balconies which shall be submitted to and approved in writing by the Local Planning Authority prior to above ground works. The development shall then be built in accordance with these approved samples and completed prior to occupation

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17 Architectural Detailing

Notwithstanding the details shown on the approved plans additional architectural detailing plans at scale 1:10 showing the balconies, windows, doors, overhangs, rainwater goods, ducts, fans and louvres and their associated reveals and their relationship with the walls/fascias shall be submitted to and approved in writing by the Local Planning Authority prior to above ground works. The development shall be constructed in accordance with the approved details

18 Lighting Strategy

Prior to occupation of any part of the development, details of all external lighting have been submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved details and thereby retained as such unless a variation is subsequently submitted to and approved in writing by the Local Planning Authority.

Reason: To safeguard the amenities of adjoining residential occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

19 Landscaping

Prior to the beneficial occupation of any unit of accommodation a detailed landscaping (hard and soft) scheme including details of trees to be planted, wildflowers (the species, size and age to be agreed with the local planning authority in writing), shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority.

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Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

20 Cycle Parking

Prior to occupation of the building, details of secure cycle parking facilities (to accommodate 116 bicycles) for the occupants of, and visitors to, the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory cycle storage facilities and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012.

21 Refuse and Recycling

Prior to above ground works, details of refuse and recycling storage facilities shall be submitted to and approved in writing by the Local Planning Authority and implemented prior to first occupation. Such facilities are to be permanently retained at the site. The developer and/or their successors in title shall take all reasonable steps to ensure that all refuse and recyclable materials associated with the development shall be adequately stored within the application site, and that no refuse or recycling material shall be stored or placed for collection on the public highway or pavement, except on the day of collection.

Reason: To ensure the provision of refuse facilities to the satisfaction of the Council in accordance with Policy DM10 (Design Requirements for New Developments including) of the LDF Core Strategy Adopted April 2012.

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22 Delivery and Servicing Plan

Prior to first occupation of the development hereby approved a Delivery and Servicing Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall be implemented prior to first occupation and contain measures to ensure that the activity associated with deliveries, servicing and refuse collection does not adversely impact upon the operation of the local highway network or inconvenience local residents or business owners.

Reason: To safeguard the amenities of existing/ future residential occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

23 Waste Management Strategy

Prior to the beneficial occupation of the development hereby approved a Waste Management Strategy shall be submitted to and approved in writing by the Local Planning Authority. The development shall operate in accordance with the approved details.

Reason: To ensure the provision of refuse facilities to the satisfaction of the Council and to safeguard the amenities of existing/ future residential occupiers including existing tenants, in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

24 Plant Noise

The rating level of the noise determined by the cumulative sound emissions of the plant hereby permitted shall be at least 5dBA lower than the existing background noise level at any given time of operation. The noise levels shall be measured or predicted 1m externally to any window at the nearest residential facade. Measurements and assessment shall be made according to British Standard 4142:2014.

Reason: To safeguard the amenities of future occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

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25 Air Quality

Prior to commencement, a Construction Environmental Management Plan (CEMP) shall be submitted to, and approved in writing by, the Local Planning Authority. The CEMP shall comprise measures for controlling the effects of demolition, construction and enabling works associated with the development as may be approved by the Local Planning Authority. The CEMP shall address issues including the phasing of the works, air quality, noise, waste management, site remediation, plant and equipment, site transportation and traffic management including routing, signage, permitted hours for construction traffic and construction materials deliveries. It will ensure appropriate communication with, the distribution of information to, the local community and the Local Planning Authority relating to relevant aspects of construction. Appropriate arrangements should be made for monitoring and responding to complaints relating to demolition and construction. All demolition, construction and enabling work at the development shall be carried out in accordance with the approved CEMP unless otherwise agreed in writing by the LPA. The CEMP must comply with the GLA SPG Control of Dust and Emissions During Construction.

Reason: These details are required prior to commencement of development because some of the relevant works would take place at the beginning of the construction phase and to protect local air quality and comply with Policy 7.14 of the London Plan and the GLA SPG Control of Dust and Emissions During Construction 2014.

26 Construction Hours

The site and building works required to implement the development shall be only carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 08.00 and 13.00 on Saturdays and not at all on Bank Holidays and Sundays. Any specialist tasks/works to be undertaken outside of these hours will require details to be submitted and approved by the planning authority prior to being undertaken.

Reason: To safeguard the amenities of the adjoining residential occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

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27 Energy and Sustainability

Prior above ground works of the development hereby approved, details as to how the approved development has been designed to connect to a future District Heating Network in the surrounding area and provision for the development’s connection shall be submitted to and agreed in writing by the Local Planning Authority and thereafter permanently retained.

Reason: In the interests of sustainability and energy conservation in accordance with Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012.][EP1]

28 Biodiversity

The development to which this permission relates shall not be commenced until a scheme to enhance the nature conservation interest of the site has been submitted to and agreed in writing by the local planning authority. The approved scheme shall be implemented in full prior to beneficial occupation of the development.

Reason: These details are required prior to commencement of development because the details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to safeguard the biodiversity and nature conservation value of the site, in accordance with policy 7.19 of the London Plan 2016 and policies CS3 and DM6 of the LDF Core Strategy 2012.

29 Permitted Development

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order (England) 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification) no telecommunications equipment shall be installed on the roof of the development hereby approved without the written approval of the Local Planning Authority.

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30 Car Parking Provision

Prior to above ground works, details of car parking facilities to accommodate: ● 39 car parking spaces comprising ○ 6 Accessible spaces; ○ 8 spaces provided with Active Electrical Charging Points; and, ○ 31 spaces provided with Passive Electrical Charging infrastructure for the occupants of, and visitors to, the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory car parking facilities and in order to safeguard pedestrian and highways safety and the free flow of traffic in accordance with policies DM9 (Managing Vehicle Use for New Developments) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

31 Gate Access

Prior to above ground works design details of a gated access, ensuring that it is not constructed closer to the back edge of the highway than 6m, shall be submitted to and approved in writing by the Local Planning Authority and implemented prior to occupation. The approved gated access shall be regularly maintained and permanently retained thereafter.

Reason: In order to safeguard pedestrian and highways safety and the free flow of traffic and ensure a satisfactory appearance on completion of the development in accordance with policies DM9 (Managing Vehicle Use for New Developments) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

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32 Space Standards

All residential units shall be constructed to meet the Housing Quality Standards set out on Policy D6 of the Intend to Publish London Plan 2019.

Prior to the commencement of above ground works a detailed accomodation schedule shall be submitted to the local planning authority demonstrating compliance with the standards. The development shall be constructed in accordance with the approved details.

Reason: These details are required prior to commencement of development because the details would affect subsequent design of other elements of the scheme and must be agreed at the outset, and to ensure a good standard of accommodation in accordance with policy DM10 of the LDF Core Strategy Adopted April 2012 and Policy D6 of the Intend to Publish London Plan 2019

Informatives:

1. In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favorably.

2. Your attention is drawn to the need to comply with the relevant provisions of the Building Regulations, the Building Acts and other related legislation. These cover such works as - the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of services, underpinning works, and fire safety/means of escape works. Notice of intention to demolish existing buildings must be given to the Council's Building Control Service at least 6 weeks before work starts. A completed application form together with detailed plans must be submitted for approval before any building work is commenced.

3. The Party Wall Act 1996 requires a building owner to notify, and obtain formal agreement from, any adjoining owner, where the building owner proposes to:

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i.carry out work to an existing party wall; ii.build on the boundary with a neighbouring property; iii.in some circumstances, carry out groundworks within 6 metres of an adjoining building.

Notification and agreements under this Act are the responsibility of the building owner and are quite separate from Building Regulations, or Planning Controls. The Building Control Service will assume that an applicant has obtained any necessary agreements with the adjoining owner, and nothing said or implied by the Council should be taken as removing the necessity for the building owner to comply fully with the Party Wall Act. Further information and advice is to be found in "The Party Walls etc. Act 1996 - Explanatory Booklet".

4. Your attention is drawn to the fact that planning permission does not override property rights, and that if your proposal involves construction on or near the site boundary then you should take appropriate steps to ensure that you have correctly identified the position of the boundary, that you do not build over it, and that any works which affect a neighbours property in any way have the benefit of the appropriate agreement from the landowner. Failure to undertake the above steps may leave you liable to legal action by neighbouring landowners. If you require further information or advice, you should consult a solicitor.

5. The building/extension that you propose may affect a right of light enjoyed by the neighbouring property. This is a private right which can be acquired by prescriptive uses over 20 years; as such it is not affected in any way by the grant of planning permission.

6. When undertaking demolition and/or noisy building work, please be considerate to your neighbours and do not undertake work before 8am or after 6pm Monday to Friday, before 8am or after 1pm on a Saturday or at any time on Sundays or Bank Holidays.

7. You are advised that the Council does have formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts and other relevant legislation, and that any works undertaken which impact unreasonably upon the surrounding area may be subject to action by the Council's Environmental Health Department.

8. Please note that this planning application has been assessed against current planning legislation only. The applicant (or any subsequent owner or developer) is therefore reminded that the onus of responsibility to ensure the proposed cladding

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installation meets current fire safety regulations lies fully with them and that they are legally obliged to apply for the relevant Building Regulations.

9. The proposed development is located within 15m of Thames Water's underground assets, as such the development could cause the assets to fail if appropriate measures are not taken. Please read our guide ‘working near our assets’ to ensure your workings are in line with the necessary processes you need to follow if you’re considering working above or near our pipes or other structures. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-develop ment/Working-near-or-diverting-our-pipes.

10. Prior to the commencement of any demolition or construction works the applicant shall submit an application to the Council for Prior Consent under Section 61 of Control of Pollution Act 1974. Informative: It is recommended that a draft Section 61 application is made to the Local Authority in the first instance at least one month before the intended submission date to facilitate discussions. All communications for this should be made to the Environmental Control Section of Environmental Health Service.

11. The Council will require the applicant to undertake a road and footway condition survey before construction begins. This will take the form of a joint inspection with a member of the Highways Operation Team and will involve a photographic record and visual observation of the roads, verges and margins. The team would secure some deposit to ensure that repairing cost is covered should any damage result from the construction associated with this site.

12. A license from the Highways Operation will be required to erect off site direction signs. This same team will issue the hoarding license (if necessary) and seek appropriate deposits.

13. The proposals will lead to disruption to users of the highway network including the adjacent TfL and SRN in the Borough. As a result the applicant should contact the Boroughs Street Works Team (0208 547 5002. This must take place at least four month prior to works commencing due to the need to obtain TfL Network Assurance approval, and it is required under the New Roads and Street Works Act 1991, and the Traffic Management Act 2004, in order to satisfy the licensing requirements of the Highways Act 1980

14. During construction, spoil could be carried from the site onto the public highway. The access into the site should be paved to minimise the carryover of spoil onto adjacent roads. We would also require the applicant to sweep and wash down the

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adjacent roads to ensure that the public highway is kept clear of debris. This is to ensure a satisfactory road surface for road safety reasons at all times.

15. The applicant should be advised to consider if a parking suspension might be needed to allow access for big delivery construction vehicles involved. To apply for parking suspension (if needed), the applicant should contact the Environment Contact Centre on 020 8547 5002.

16. Any parking that cannot be contained within the site must park considerately and safely, so as not to obstruct sightlines at junctions or site accesses. The applicant should be aware that any such parking will cause unnecessary concern and agitation within the local community; Should make full use of the site accesses to maximise the availability of off street parking

17. Reasonable efforts have been made to check that the plans submitted for the purposes of this planning application are consistent from one to the next, and that the development hereby approved can be implemented in accordance with all of the plans submitted. Should it transpire that this is not possible and that your plans are flawed, please be clear that it may be impossible to implement this permission, and that any development undertaken which relies on this permission may be unauthorised and subject to enforcement action if expedient.

18. It is drawn to your attention that advertisement consent will be required for signage to the commercial units.

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Ward: Coombe Hill

Description of proposal: Demolition of existing building and erection of a Care home (Use Class C2) to accomodate 19x care units. Alterations to site layout, provision of 14x external car parking spaces,10x cycle parking and rear garden landscaping. Erection of boundary wall around the land parcel with two front access gates

Plan Type: Full Application

Executive Summary:

1. The application proposes the demolition of the existing building and the erection of a Care Home (Use Class C2) to accomodate x19 care units. In addition, alterations to the site layout, the provision of x14 external car parking spaces, x10 cycle parking spaces and rear garden landscaping are proposed, plus the erection of a boundary wall around the land parcel with two front access gates. 2. There is a high level of need for housing for older people based on the evidence set out in the Kingston and North East Surrey Authorities Strategic Housing Marketing Assessment (2016). The provision of a x19 bedroom nursing home (Use Class C2) would address a specific need for specialist housing for older people. 3. The proposed buildings would be of an architectural style sympathetic to its surroundings, and would be of a scale, design and massing that would respect the surrounding context of the site, situated adjacent to the Kingston Hill Conservation Area, the Grade II Listed Galsworthy House, and the Richmond Park boundary wall is also Grade II listed. Samples of materials would be required by condition to ensure that the development is built out to the highest quality. Full details of the proposed landscaping works, including tree planting, would be secured by condition. 4. The proposal is considered not to result in an unacceptable impact on neighbouring residential amenity in terms of loss of daylight or sunlight, increased overlooking, loss of privacy, sense of enclosure or noise pollution. The development would result in the delivery of a high quality nursing home facility with a well-considered internal layout plus communal amenity space. The proposal’s associated parking and highways impact is considered to be acceptable, and no objection has been raised by the Council’s Highways Officer. 5. For the reasons outlined in the following sections of this report, the proposal is considered acceptable and is thus recommended for approval. This is subject

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to the imposition of conditions and the completion of a legal agreement.

Planning Application Fact Sheet

Relevant Actual Proposed Compliance Policy/Standard

Car Parking Case by case basis 14 spaces Yes Spaces

Cycle Parking 1 space per 5 10 spaces Yes Spaces employees 1 space per 20 beds Required 2 spaces

CO2 Reduction Zero Carbon 21.82% No (see section of report and conditions)

Relevant Planning History:

18/14711/FUL Demolition of existing Permit with conditions single dwelling house, 20/09/2018 and erection of 2 detached dwelling houses, and associated landscaping.

15/15194/FUL Erection of 4 no. 4 storey, Refused 29/12/2015, 4 bed residential Appeal Dismissed dwellings (Class C3) 20/06/2016 following demolition of existing 3 storey dwelling and ancillary buildings

Site and Surroundings:

6. The application site is located on the northern side of Kingston Hill opposite the junction of Coombe Ridings. The site is a large residential plot and is occupied by a detached residential dwelling and the grounds have substantial tree coverage. 7. The site is the subject of a blanket Tree Preservation Order and sits adjacent to the Kingston Hill Conservation Area and the Grade II listed building Galsworthy

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House. The site also falls within the Kingston Hill Archaeological Priority area and within the Kingston Hill/Coombe Hill Strategic Area of Special Character. 8. The surrounding area is suburban in nature and predominantly consists of residential properties. Galsworthy House immediately to the east of the site and bound by the site to the east is a residential care home. 9. The site has a Public Transport Accessibility Level (PTAL) of 2 (poor). 10. The site falls within Flood Risk Zone 1 (Low Probability), although, it is acknowledged that a stream runs through the centre of the site.

Proposal:

11. The application seeks planning permission for the demolition of the existing building and the erection of a Care Home (Use Class C2) to accomodate 19x care units. Alterations to site layout, provision of front 14x external car parking spaces,10x cycle parking and rear garden landscaping. Erection of boundary wall around the land parcel with two front access gates.

Proposed Elevations

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CG Image

Consultations:

12. Neighbour notifications: Letters were sent to 9 neighbouring properties, a site notice was displayed at the front of the site and a press notice was published in the Surrey Comet. No responses received either in support or objection to the proposal. 13. Greater London Archaeological Advisory Service: No objection, subject to conditions requiring a written scheme of investigation. 14. Thames Water: No objection, subject to conditions relating surface water discharge management and foul water drainage and recommended informatives. 15. RBK Highways Officer and Sustainable Travel Officer: No objection, subject to conditions 16. RBK Ecology Officer: No comments at time of writing, any comments received will be reported to the Committee as late material. 17. RBK Trees and Landscape Officer: No objection, subject to a condition requiring the submission of landscaping strategy. 18. RBK Flood Risk Officer: No comments at time of writing, any comments received will be reported to the Committee as late material.

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19. RBK Urban Design Officer: No objections 20. RBK Environmental Health Officer: No objection subject to conditions regarding construction management and demolition, construction hours, noise, lighting, and land contamination. 21. Secure by Design Officer: no objections subject to conditions

Assessment

Principle of development:

The Nature of the Nursing Home Use:

22. A key issue in consideration of the principle of the proposal is the nature of the residential accommodation proposed. Whether or not the proposal falls within Use Class C2 (residential institution) or C3 (dwellings) dictates which planning policies would be applicable when assessing the acceptability of the proposal, particularly with regards to the provision of affordable housing. 23. Use Class C2 is described in the Town and Country Planning (Use Classes) Order 1987 (as amended) as ‘residential institutions’ and includes use of the provision of residential accommodation and care to people in need of care (other than a use within Class C3). Article 2 of the Order defines ‘care’ as meaning personal care for people in need of such care by reason of, amongst other things, old age. In contrast, Use Class C3 is described as ‘dwellinghouses’ and includes use by (a) a single person or by people living together as a family and b) not more than 6 residents living together as a single household (care can be provided if e.g. part of a supported housing scheme). 24. The Intend to Publish London Plan (December 2019) Policy H13 (Specialist older persons housing) seeks to avoid complex discussions about whether a particular type of proposed elderly accommodation falls within the C2 or C3 use class. Instead, the policy identifies several key attributes that are required for a proposal to be considered ‘care home accommodation’. The policy’s supporting text confirms that where each of these attributes are met, contributions towards affordable housing should not be sought. The supporting text to policy H13, at para. 4.13.4 confirms that, to be considered care home accommodation, development must have the following attributes:

● Personal care and accommodation are provided together as a package with no clear separation between the two; ● The person using the service cannot choose to receive personal care from another provider; ● People using the service do not hold occupancy agreements such as tenancy agreements, licensing agreements, licenses to occupy

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premises, or leasehold agreements or a freehold; and ● Likely CQC-regulated activity will be ‘accommodation for persons who require nursing or personal care.

25. It is proposed to operate the proposed development at The Russets in accordance with policy H3 of the ItP London Plan and therefore operating as a care home in the C2 use class. The supporting documentation states that the operator Belmont Healthcare, are a specialist care home operator delivering contemporary and new build care developments focused on high needs specialist memory care. 26. They would provide minimum levels of care to all residents, as well nursing care on a full time basis should it be required by the residents. In addition, they will provide all meals and a weekly programme of interactive social events to take place in the communal areas, and organise day trips for the residents. The proposal would provide 19 bedrooms. 27. In order to comply with a C2 use the applicant has offered the following heads of terms to be the basis of a section 106 agreement to ensure that the development remains and operates as a C2 use.

● Levels of care - a minimum of 6 hours of care per week per resident will be required ● Personal care and accommodation and all meals will be provided as a package, with no clear separation ● The residents using the service will not be able to receive personal care from an alternative provider ● Age restriction - all residents will need to be a minimum of 65 years old to qualify ● Eligibility - the resident of each unit must have an identified medical need and their eligibility must be determined by the operator prior to occupation under Care Quality Commission (CQC) guidelines ● All meals each day will have to be from the designated catering supplier, with no alternative suppliers allowed ● Conditions of occupation - all residents must be full time and meet necessary criteria as laid out in the S106 or planning consent, to be reviewed by the operator on a 3 monthly basis ● On site care and management - full time, 24 hour care will be provided, as part of the overall scheme - residents cannot opt in or out of the care services nor choose another provider ● The care package will include (but is not limited to): 24 hour monitored emergency call within each unit, securing measures, cleaning and management of all areas, staffed reception at all times and on site manager during working hours, access provided to communal facilities

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and ongoing health assessments ● Leases - not allowed. The units cannot be sold, be sublet or under-let to anyone. The units will be occupied on a monthly licence in line with other cares homes, with no ownership or tenancies (ASTs) created ● Health Care provider - to be fully regulated by the CQC ● Each unit is for the sole use and occupation of one resident only ● Not to use the development other than as a care home falling within use class C2 comprising of living accommodation and associated services and facilities

28. Given the aforementioned factors, it is considered that the proposal to use the site as a nursing home would fall within Use Class C2 (residential institution) and that development would be restricted to this use via legal agreement. The planning considerations, which are discussed below, have been undertaken on this basis.

Need for a Nursing Home in this Location:

29. Paragraph 59 of the NPPF (2019) states that to support the Government’s objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, and that the needs of groups with specific housing requirements are addressed. 30. Policy 3.4 of the London Plan (2016) promotes the optimisation of housing output for different types, whilst taking into account local context, design principles and public transport capacity. Policy 3.8 of the London Plan (2016) encourages a genuine choice of homes, and requires planning decisions to take into account the changing age structure of London’s population and, in particular, the varied needs of older Londoners. 31. Policy CS10 of the Council’s Core Strategy (2012) sets out that the Council will take full advantage of opportunities to deliver new housing and that new housing should be delivered in the most sustainable locations, including areas with the greatest Public Transport Accessibility Level (PTAL). The policy also sets out that the Council will seek to ensure that a broad mix of accommodation options are available to residents and that a range of local housing needs are met. 32. Policy CS13 of the Council’s Core Strategy (2012) states that the Council and its local strategic health partners will seek to maximise the opportunities to improve public health outcomes through recreation and exercise and to facilitate the reorganisation, improvement and potential co-location of healthcare facilities and to ensure that they are in sustainable and accessible locations. 33. Policy DM14 of the Council’s Core Strategy (2012) sets out that the Council will

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resist the loss of existing accommodation (of all types) and, in particular, dwellings which are suitable for family accommodation. 34. The site is located in an area with a Public Transport Accessibility Level (PTAL) rating of 2 (Poor). Norbiton Railway Station is located approximately 1.2 miles from the site, with Kingston Hospital being located approximately 1.1 miles away, both accessible by public transport. It is anticipated that the proposed facility would employ around 4 staff (2 FT and 2 PT). The proposed employment opportunities that would be generated as a result of the scheme is a material consideration. 35. Whilst the proposal would result in the loss of a family sized dwelling which represents a policy conflict with Policy DM14 of the Core Strategy 2012, due weight should also be given to the unmet need for care home accommodation in the Borough. The Kingston and North East Surrey Authorities Strategic Housing Marketing Assessment (SHMA) (2016) sets out that in Kingston there is a shortage of enhanced sheltered and extra care accommodation. The Strategic Market Housing Assessment (SHMA) also identifies an annual requirement for 71 units of older person specialist accommodation until 2035. Since 2016, there has been minimal development providing additional C2 bedrooms in the Borough. 36. Paragraph 016a of the National Planning Practice Guidance (NPPG) sets out that authorities would need to count housing provided for older people against their housing requirement, and that residential institutions such as care homes may release housing onto the market. According to the Housing Delivery Test Measurement Rule Book (2018), the ratio to be applied to communal accommodation (other than student accommodation) is based on the national average number of adults in all households, with a ratio of 1.8. Therefore, the provision of a nursing home with 19 bedrooms would equate to approximately 10 conventional dwellings (19 divided by 1.8). 37. Whilst the proposal would conflict with Policy DM14 of the Council’s Core Strategy due to the loss of a family sized dwelling, the provision of a 19 bedroom nursing home (Use Class C2) is a benefit that should be given substantial weight as the Council is currently unable to demonstrate a five-year supply of deliverable housing sites and the proposal would address a specific need for specialist housing in the Borough. 38. Given that the Council is unable to demonstrate five year housing land supply, it is considered that the tilted balance in paragraph 11d) of the NPPF (2019) is engaged which is an important material consideration. Paragraph 11d states that planning permission should be granted unless the adverse impacts of the proposal would significantly and demonstrably outweigh its benefits when assessed against the policies in the Framework taken as a whole. The last section of this report will include the planning balance assessment.

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Affordable Housing:

39.As previously mentioned, it has been established that the proposal falls within Use Class C2. However, based on the recent court judgement, Rectory Homes Ltd v Secretary of State for Housing Communities And Local Government [2020] EWHC 2098 (Admin) (31 July 2020), the question that must be considered is whether or not the proposal falls within the scope of the development plan policy requiring schemes for 10 or more units to provide affordable housing. 40.Paragraph 4.13.4 of the Intend to Publish London Plan 2019 is also important in the consideration of whether affordable housing is applicable to the proposals. It states that the affordable housing requirements set out under part B,1. of Policy H13-Specialist older persons housing does not apply to accommodation that is defined as "care home accommodation". 41.To be defined as "care home accommodation" developments must have the following attributes:

● personal care and accommodation are provided together as a package with no clear separation between the two ● the person using the service cannot choose to receive personal care from another provider ● people using the service do not hold occupancy agreements such as tenancy agreements, licensing agreements, licences to occupy premises, or leasehold agreements or a freehold ● likely CQC (care quality commission)-regulated activity will be ‘accommodation for persons who require nursing or personal care’

42.Policy DM15 of the Council’s Core Strategy sets out the circumstances in which development would be required to provide affordable housing, i.e. 50% affordable housing will be sought on sites of 10 or more units subject to the viability of provision on each site. It is acknowledged that Policy DM15 of the Council’s Core Strategy does not define what is meant by the word ‘unit’. However, given its usual dictionary definition this means “a single thing or person regarded as single and complete but which can also form an individual component of a larger or more complex whole”. 43.Under the heading titled ‘When does the affordable housing policy apply?’, paragraph 4.4 of the Kingston Affordable Housing SPD (2013) states that DM15 will be applied to schemes for extra care homes that fall within the threshold. Paragraph 4.5 of the Affordable Housing SPD states that residential care homes and nursing homes, where the accommodation is non-self contained units and falls within Use Class C2 (Residential Institutions) are not

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subject to the affordable housing policy. 44.The applicant has agreed to secure the future operation and primary use of the care home as a C2 use and demonstrate the premises’ compliance with the criteria set out in paragraph 4.13.4 the Intend to Publish London Plan via legal agreement. 45.Given the above it is considered that the proposed development would not be subject to affordable housing and that Policy H13 of the Intend to Publish London Plan and Policy DM 15 of the Council’s Core Strategy is not applicable in this case.

Quality of Accommodation for Future Occupiers:

46. Although there are no adopted planning policies which specifically relate to care home standards, there are bodies in place that regulate care home standards, e.g. the Care Quality Commission. It is noted that many of the standards set by the Care Quality Commission relate to operational arrangements which fall outside of planning consideration. 47. However, it is worth highlighting that the proposed development would be in accordance with the Care Quality Commission standards. The internal accommodation would be of a practical layout and would provide a good standard of spacious living accommodation that would be fit for purpose. 48. The accommodation would include a mix of both private and communal internal living space and would provide verdant landscaped private communal gardens that would provide outside amenity space for the future occupants. 49. In light of the above, it is considered that the proposal would provide future occupiers with a satisfactory provision of internal and external amenity space.

Scale, Design, Character and Impact on the Surrounding Area:

50. Paragraph 124 of the NPPF (2019) states that the Government attaches great importance to the design of the built environment. It states that “The creation of high quality buildings and places is fundamental to what the planning and development process should achieve” and “Good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities”. Paragraph 130 states inter alia that where the design of a development accords with clear expectations in plan policies, design should not be used by the decision-maker as a valid reason to object to development. 51. Policy 7.4 of the London Plan (2016) states that development should have regard to the scale, mass and orientation of surrounding buildings, and that buildings should provide a high quality design response that has regard to the pattern and grain of the existing spaces and streets in orientation, scale,

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proportion and mass. Policy 7.6 of the London Plan (2016) states that buildings should be of a proportion, composition, scale and orientation that enhances, activates and appropriately defines the public realm, and should not cause unacceptable harm to the amenity of surrounding land and buildings. 52. At a local level, Policy CS8 of the Core Strategy (2012) states that the Council will protect the primarily suburban character of the Borough, existing buildings and areas of high quality and historic interest from inappropriate development. The policy goes on to say that the borough will seek opportunities for sensitive enhancement in these areas and in areas of poorer environmental quality, where the character has been eroded or needs improving. Policy CS8 also seeks higher standards of design generally to achieve a more attractive, sustainable and accessible environment. 53. Policy DM10 of the Council’s Core Strategy (2012) states that new development proposals will be required to incorporate principles of good design and those elements that are identified as contributing to the character and local distinctiveness of a street or areas which should be respected, maintained or enhanced. 54. The proposed development would result in the demolition of a substantial two storey building that includes accommodation in the roof slope with a similar sized two storey building with accommodation in the roof slope.. 55. It is considered that the proposed development would be of an architectural style sympathetic to the surrounding area, incorporating the general architectural cues of the neighbouring developments. 56. It is considered that the general scale, massing and height of the proposed built form would be proportionate to the existing plot size, and in keeping with that previously on site and in the context of the built form on the neighbouring plots in this part of Kingston Hill. 57. The site is located in a predominantly residential area and it is considered that the building would maintain that residential character and appearance.

Proposed Front Elevation

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58. Due to the nature of the proposed use it is necessary to provide a level of hardstanding and parking to the front of the property appropriate to the necessary function of the proposed care home. However it is considered that this would not detract from the character and appearance of the area or the residential nature of the site and its surroundings. It is considered it would be in keeping with the general arrangement of the adjacent site Galsworthy House and the presence of hardstanding and parking at the front of a site is considered to be characteristic of residential properties. 59. The proposed materials of the external finishes would be controlled by condition to ensure a satisfactory appearance on completion of the development.

Heritage

60. The application site is situated immediately adjacent to the Kingston Hill Conservation Area, the Grade II Listed Building Galsworthy House, and the Grade II Listed boundary Richmond Park Wall. 61. Section 72 of the Planning Listed Building and Conservation Areas Act 1990 directs that special attention shall be paid to the desirability of preserving or enhancing the character and appearance of the Conservation Area. This direction is carried through into the Council's Core Strategy. 62. Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states ‘In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special

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regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses’. 63. Paragraph 193 of the Framework states that when considering the impact of a proposed development on the significance of a designated heritage asset great weight should be given to the asset's conservation. The NPPF defines a Heritage asset as ‘a building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. It includes designated heritage assets and assets identified by the local planning authority (including local listing)’. Significance (for heritage policy) is defined as ‘the value of a heritage asset to this and future generations because of its heritage interest. The interest may be archaeological, architectural, artistic or historic. Significance derives not only from a heritage asset’s physical presence, but also from its setting’ 64. Policy DM12 (Development in Conservation Areas and Affecting Heritage Assets) of the Core Strategy seeks to preserve or enhance existing heritage assets. 65. Whilst the site is not itself a designated heritage asset, its close proximity to the Kingston Hill Conservation Area, the grounds of Galsworthy House – a Grade II listed building, and the listed boundary wall to the rear (of Richmond Park), highlights the need for heritage issues to be fully considered. 66. The character of the Conservation Area is largely akin to that of the wider Kingston Hill/Coombe Hill Strategic Area of Special Character. The Conservation Area Statement confirms that the character of the area is summarised as “a group of early Victorian through to 20th century large houses in a woodland setting….along the dramatic and well landscaped historic strategic route of Kingston Hill.” 67. The proposed development would maintain the general pattern and form of development in the surrounding area replacing an existing large residential building with a large residential care home building that is considered to be of an architectural style sympathetic to the surrounding area, incorporating the general architectural cues of the neighbouring developments. 68. It is considered as previously stated that the general scale, massing and height of the proposed built form would be proportionate to the existing plot size, and in keeping with that previously on site and in the context of the built form on the neighbouring plots in this part of Kingston Hill. 69. It is considered that whilst the proposed development would be visible in the streetscene, it would not compete with the setting of either the Grade II Listed Building (Galsworthy House) or the Kingston Hill Conservation Area. 70. It is considered that subject to suitable conditions regarding the detail of the external finishes of the proposed development the proposed development would not cause harm to the setting of the adjacent Grade II listed building or

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Kingston Hill Conservation Area and would preserve the character and appearance of the Strategic Area of Special Character the site sits within.

Archaeology:

71. Section 16 of the NPPF (2019) and Policy 7.8 of the London Plan (2016) states that the development should incorporate measures that identify, record, interpret, protect and, where appropriate, present the site’s archaeology. 72. The site lies within Kingston Hill Archaeological Priority Area. The Greater London Archaeological Advisory Service (GLAAS), part of Historic England, advises that the development could cause harm to archaeological remains and recommends a small scale evaluation to assess the site’s significance further. Notwithstanding, the significance of the asset and scale of harm to it is such that the effect could be managed via planning conditions which would require the submission of a Written Scheme of Investigation (WSI). Subject to this condition, the proposal would not have an adverse impact on archaeological interest in accordance with the NPPF (2019) and Policy 7.8 of the London Plan (2016).

Impact on Residential Amenity

73. This site is located between a residential dwelling, Pleasant View to the South, and Galsworthy House Nursing Home beyond the North boundary. The West boundary looks out to trees and foliage that backs onto Richmond Park. Policy Guidance 16 recommends minimum distances between opposing habitable rooms and distances to boundaries but it also clarifies that where site typology, landscape features or adequate screening is in place it may be appropriate to relax the recommended separation distances. 74. The proposed building would include accomodation on three floors, however, the element closest to Pleasant View, would only have 6 windows at ground and first floor and none at second floor. There would be further windows on the flank elevation of the rear element that projects further into the garden of the application site, however, these would be set at least 10m away from the shared boundary with the dwelling to the south. Given the separation distances and the screening that would be provided by trees, which would be secured by conditions, it is not considered that the proposal would result in any undue loss of privacy for the occupants of Pleasant View or Juniper Cottage. Similarly, in regards to Galsworthy House, due to the relationship of the proposed scheme to this site together with the existing and proposed tree cover along the boundary, it is not considered that the proposal will adversely impact the privacy of the occupiers of this building.

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75. In regards to outlook, the proposed development would not result in a significant reduction in outlook and would have broadly the same impact as the consent scheme 18/14711/FUL. Owing to the orientation of the application site and its relationship to neighbouring dwellings, the proposed development would not result in any increased overshawing to neighbouring habitable rooms windows or amenity spaces.

Noise and Disturbance:

76. Whilst the site would invariably be used more intensively than the existing situation, given the nature and function of the proposed nursing home, the increased level of occupation is considered to be not so significant as to cause harm to the occupiers of adjoining residential properties. 77. Based on the anticipated trip generation identified in the submitted Transport Assessment it is considered that the vehicle movements associated with the proposed use, would not adversely affect the living conditions of neighbouring residents. 78. In the event of an approval, a pre-commencement condition would be secured to ensure that a Construction Management Plan is submitted to the Council for approval, which would mitigate any disruption from the construction process. 79. A condition has been included to ensure that any plant does not result in unacceptable noise levels to surrounding occupiers. 80. In summary, the proposal is considered not to result in an unacceptable impact on neighbouring residential amenity in terms of daylight or sunlight, overshadowing, increased overlooking, loss of privacy, sense of enclosure and noise. The proposal would therefore comply with the NPPF, Policy 7.6 of the London Plan (2016) and Policy DM 10 of the Council’s Core Strategy (2012).

Parking and Highway Safety:

81. Paragraph 109 of the NPPF (2019) states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residential cumulative impacts on the road network would be severe. 82. The London Plan does not give prescriptive parking standards for care homes. Paragraph 6A.1 of the London Plan states that if there is no standard provided, the level of parking should be determined by the transport assessment undertaken for the proposal. 83. Policy DM 8 of the Council’s Core Strategy promotes the use of sustainable modes of travel to development sites. Policy DM 9 and DM10 of the Council’s Core Strategy seeks to ensure that new development does not compromise highway safety, and provide car parking in accordance with the standards in the

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London Plan. 84. Kingston Hill (A308) runs is a classified road subject to a speed restriction of 30mph. Kingston Hill runs from north-south proind a link from Kingston Town Centre to the A3. There are waiting restrictions in the form of single yellow lines (7am-7pm, no loading Monday to Saturday 7am-10am and 4pm-7pm) to prevent on-street parking and there is an on-street cycle lane on both sides of the carriageway. There are 2 bus stops located east and west of the site approximately 53m and 170m respectively on either side of the road providing access to bus route nos. 85 and K3.The site is has a PTAL score of 2 (poor).The site currently contains an in and out driveway which can accommodate several vehicles with access from Kingston Hill. Parking is restricted on-street in the vicinity of the site, due to either single yellow lines or private roads 85. A Transport Statement accompanies the application. It states that the proposed will result in an increase in of 5 vehicular trips in the morning peak and 4 car trip generation in the evening peak hour during weekdays. 14 (including two disabled/ ambulance) car parking spaces are proposed and 20% of car parking spaces (3 spaces) are provided with active provision for electric vehicle charging points and an additional 20% of car parking spaces (3 spaces) are provided with passive provision. 86. Parking: The proposal would utilise the existing two vehicular crossovers, one of which is to be widened to 3.7m, in order to provide a one-way system to enter and exit the on-site car park. A total of 14 car parking spaces would be provided to meet the needs of staff, residents and visitors (2 of which would be designated disabled spaces). There would also be separate bays for minibus and delivery vehicles that could double up as an ambulance resting area should it be required. In accordance with the Council’s Sustainable Transport SPD (2013), the proposed development would require 3 active and 3 passive electric vehicle charging points, and this would be secured by condition in the event of an approval. 87. The Council’s Neighbourhood Traffic Engineer has reviewed the submitted details, and advises that the 14 car parking spaces proposed would be acceptable for a development of this nature. 88. A swept path analysis has been undertaken for the vehicular accesses from Kingston Hill, which are to be retained, with the northern access widened to 3.7m. The analysis demonstrates that full visibility of 43m is achievable at the central vehicular access to Kingston Hill (the Out) using a 2.4m set back. These visibility distances are in line with the visibility requirements set out in Manual for Streets (MfS). 89. There is a pedestrian island containing dropped kerbs and tactile paving to aid the visually impaired located to the west of the site on Kingston Hill. This provides safe passage for pedestrians crossing the road to access the site and

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bus stop on the opposite side of the road. 90. The proposed bin store would be located to the front of the site, in close proximity to the vehicular entrance, to enable convenient access on collection days. 91. Cycle parking: A cycle store with the capacity to accommodate 10 cycles (long and short stay) is proposed to the front of the site. The location and capacity of the cycle store is considered to be acceptable. However, full details of the cycle store (including its design, dimensions and materials) would be covered by condition to ensure compliance with Policy 6.13 of the London Plan (2016). 92. In terms of accessibility, the site is located 1.2km (a 22-minute walk or a 6-minute cycle) to Norbiton Rail Station. Southern Western operates services to Richmond, London Waterloo, and Shepperton from this station. Norbiton Rail Station has cycle parking facilities for residents and staff who prefer to use this mode of travel. 93. In the event of an approval, a Travel Plan would be secured through a condition and a Travel Plan monitoring fee of £2,000 through a legal agreement to encourage staff to travel by sustainable modes of transport. 94. In light of the above, it is considered that the proposal would provide sufficient car parking for the development, and would not cause unacceptable harm to highway safety in the area. As such, it is considered that the proposal would pass the test as detailed in paragraph 109 of the NPPF (2019), and would be compliant with Policy 6.13 of the London Plan (2016) and Policies DM 8, DM 9 and DM 10 of the Council’s Core Strategy (2012).

Trees and Landscaping:

95. Paragraph 127 of the NPPF advises that local authorities should ensure that developments optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public spaces). This is supported by Policy 7.2 of the London Plan which states that existing trees of value should be retained and any loss as a result of development should be replaced. 96. Policy DM10 of the Core Strategy seeks to ensure that landscaping is an integral part of the overall design of all new developments, and that new developments should have regard to the public realm and to ways in which it can be enhanced as an integral part of the design of the development. 97. The site is the subject of a blanket Tree Preservation Order. An Arboricultural Implications Assessment Report) has been submitted with the application. It states that the survey inspected 28 trees, of which 15 were assessed as being low quality and value (C category) that would have to be felled in order to facilitate the proposed development. 98. The Council’s Tree and Landscape Officer has reviewed the submitted details,

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and agrees with the findings in the submitted report, in that the trees that would be felled are of low quality and value. However, to mitigate the loss of the trees and open green space, the Council’s Tree and Landscape Officer has requested that a detailed landscape and planting scheme be submitted. This would be resolved by condition, in the event of an approval, in order to ensure the delivery of high quality planting that is of an appropriate specimen and density. 99. The report details the extent of the protection fencing that would be erected around the retained trees during construction. The Council’s Tree and Landscape Officer has raised no objection to the proposed tree protection measures, which would be secured by condition. 100. With suitably worded conditions, it is considered that a high standard of landscaping (including the communal external amenity space) would be delivered as part of the proposal. The proposed landscaping would mitigate the loss of trees that would be felled at the site, whilst helping to soften the overall appearance of the proposed development. The proposal would therefore be in accordance with the NPPF (2019), Policy 7.2 of the London Plan (2016) and Policy DM10 of the Council’s Core Strategy (2012), in this respect.

Ecology and Biodiversity:

101. The Habitats Regulations include a strict system of protection for European Protected. The Habitats Regulations place a duty on decision-makers to have regard to the requirements of the Habitats Directive in the exercise of their functions. Also of relevance is the Wildlife and Countryside Act 1981 and the NPPF (2019). 102. Subject to appropriately worded conditions, it is considered that the proposal would not have any adverse effect on any protected species. In addition, biodiversity enhancements would be incorporated as part of the development, which would be secured by condition. The proposal would, therefore, be compliant with the NPPF (2019) and Policy DM 6 of the Council’s Core Strategy (2012), in this respect.

Flood Risk and Drainage:

Flood Risk:

103. Paragraph 163 of the NPPF (2019) states that “When determining any planning applications, local planning authorities should ensure that flood risk is not increased elsewhere. Where appropriate, applications should be supported by a site-specific flood-risk assessment”. 104. Policy 5.12 of the London Plan (2016) stipulates that development proposals

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should comply with the flood risk assessment and management requirements set out in the NPPF, and the associated technical Guidance on flood risk over the lifetime of the development. 105. Policy DM4 of the Council’s Core Strategy (2012) requires development to be designed to take account of the impacts of climate change and increase flood risk from fluvial and surface water flooding. 106. The site falls within Flood Risk Zone 1 (low probability), and the risk of the development exacerbating existing flood risk in the area is considered to be low and it is not considered the development would propose any additional flooding risk. It is recommended that a Flood Risk Management Plan is secured by condition.

Sustainable Urban Drainage Systems (SUDS):

107. Policy 5.13 of the London Plan (2016) seeks to ensure that development proposals utilise sustainable urban design systems (SUDS) unless there are practical reasons for not doing so, and should aim to achieve greenfield run-off rates and ensure that surface water run-off is managed as close to its source as possible. This is supported by Policy DM 4 of the Council’s Core Strategy (2012) which also requires development proposals to include Sustainable Urban Drainage Systems (SUDs) to manage and reduce surface water run-off. 108. A SUDs to manage and reduce surface water run-off has not been put forward by the applicant and it is recommended that such a scheme is secured by condition.

Sustainability:

Sustainable design and construction:

109. Policy 5.3 states that the highest standards of sustainable design and construction should be achieved in London to improve the environmental performance of new developments and to adapt to the effects of climate change over their lifetime. Development proposals should also demonstrate that sustainable design standards are integral to the proposal, including its construction and operation, and ensure that they are considered at the beginning of the design process. 110. Policy DM 1 of the Council’s Core Strategy (2012) states that where appropriate, new build developments over 500 square metres, are encouraged to achieve BREEAM Outstanding. The policy goes on to state that where it is not possible to meet the standards, compelling reasons must demonstrate that achieving the sustainability standards outlined in policies DM1 to DM3 would not be technically feasible or economically viable. The Council will negotiate

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planning contributions with developers to fund other methods to offset the environmental impact of the development. 111. The submitted BREEAM Pre-Assessment Report (by BASE Energy, October 2019) states that the proposed development would be targeting the BREEAM ‘Very Good’ rating. Whilst Officers acknowledge that this does not meet the requirements of Core Strategy Policies DM1-DM3, it is recognised that reaching ‘Outstanding’ rating can be difficult to achieve in some cases. In this case, the BREEAM Pre-Assessment Report provides justification as to why certain credits are not achievable. This information has been reviewed by Officers, and it is considered that the evidence provided adequately demonstrates that it would not be feasible for the proposal to achieve the BREEAM ‘Outstanding’.

Carbon dioxide emissions:

112. Policy 5.1 of the London Plan (2016) states that there is an aim to achieve an overall reduction in London’s carbon dioxide emissions of 60 percent (below 1990 levels) by 2025. Policy 5.2 of the London Plan (2016) sets out carbon reduction targets which apply to major development and requires non-domestic buildings to be zero carbon from the years 2019 to 2031. The purpose of these standards is to ensure proposals make the fullest contribution to minimising carbon dioxide emissions, in accordance with the Mayor’s energy hierarchy (i.e. be lean, be clean and be green). 113. The proposed development would achieve an overall 21.82% potential improvement over Baseline CO2 emissions. The applicant would be required to demonstrate that at least a 35% on site reduction can be achieved and the shortfall would be mitigated by a financial contribution. The Council’s Carbon Off-Setting Fund Guidance 2017 sets out that a financial contribution should be calculated on the basis of £60/tonne x CO2 shortfall in tonnes x 30 years. This aspect would be secured via legal agreement.

District Heating Network:

114. Policy DM 2 of the Council’s Core Strategy (2012) states that major development should undertake a detailed investigation into the feasibility of establishing a District Heating Network with the proposed development as an anchor head load or contribute towards such feasibility work. Policy DM 3 requires development proposals to incorporate climate change adaptation measures based on the type and extent of the main changes expected in the local climate throughout the lifetime of the development. 115. There are no planned district heating networks within the vicinity of the proposed development, however, one may be planned in the future and as such, Officers consider that the development should be designed to allow future

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connection to a district heating network. This would be secured via conditions

Legal Agreements:

116. Policy IMP3 of the Core Strategy 2012 states that the Council will use Planning Obligations to secure financial contributions to meet on and off site requirements which are required to support and mitigate the impacts of the development in accordance with the Council’s Planning Obligations SPD March 2017. 117. As of the 1st November 2015 the Council commenced the operation of a Community Infrastructure Levy (CIL) as a means of collecting monies to provide local infrastructure to offset the impact of developments. This replaced the S106 mechanism for collecting contributions for local infrastructure e.g. education and health with the exception of affordable housing. For the avoidance of doubt S106 contributions can only be collected to resolve site specific issues as a result of the proposed development. 118. In the event that site-specific exclusions are identified, they would be subject to statutory tests set out under Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended). 119. In relation to this application, the following site specific and/or financial and infrastructure contributions are required to mitigate the adverse impacts of the development:

● Demonstrate that at least a 35% on site C02 emissions reduction can be achieved and the shortfall would be mitigated by a financial contribution.Financial contribution way of carbon off-set payment, to mitigate the short fall in carbon savings in achieving a ‘zero carbon’ development. ● A Travel Plan monitoring fee of £2,000; ● Preclusion of future employees/users from obtaining on-street car parking permits; and, ● Financial contribution towards the future extension of the nearby controlled parking zone with regards to associated public consultation and implementation.

120. In addition and as stated above the applicant would be required to secure the future operation and primary use of the care home as a C2 use and demonstrate the premises’ compliance with the criteria set out in paragraph 4.13.4 the Intend to Publish London Plan. 121. Subject to the signing of a legal agreement, inclusive of the above, the proposal is considered to comply with Policies 5.1 and 5.2 of the London Plan (2016) and Policies DM8, DM9 and DM10 of the Council’s Core Strategy (2012).

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Community Infrastructure Levy:

122. As of the 1st November 2015 the Council commenced the operation of a Community Infrastructure Levy (CIL) as a means of collecting monies to provide local infrastructure to offset the impact of developments. This replaced the S106 mechanism for collecting contributions for local infrastructure e.g. education and health with the exception of affordable housing. For the avoidance of doubt S106 contributions can only be collected to resolve site specific issues as a result of the proposed development 123. The application would be Kingston CIL liable. The application would also be liable to pay Mayoral CIL.The CIL charges are subject to the national Tender Price Index. In the event that the All-in Tender Price Index ceases to be published, the index referred to is the retail prices index; and the figure for a given year is the figure for November of the preceding year.

Planning Balance/Conclusion:

124. In assessing the application, regard has been given to paragraph 11 of the NPPF which requires decisions to apply a presumption in favour of sustainable development. The three tenets of sustainable development are set out at Paragraph 8 of the NPPF (2019) as economic, social and environmental objectives. 125. Paragraph 11d) of the NPPF (2019) states that where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole. 126. With regards to the provision of a 19 bedroom nursing home the proposed development would make a positive contribution towards meeting the specific need for specialist housing for older people within the Borough and would equate to the equivalent of approximately 10 conventional dwellings. Although it is acknowledged that the proposal would result in the loss of a family sized dwelling on site which represents a policy conflict, this loss could present opportunities for freeing up family sized dwellings elsewhere. It is considered tha the benefits of providing this much needed accommodation should be afforded significant weight and would make a positive contribution towards the delivery of housing in the Borough. It is recognised that the Council is currently unable to demonstrate a five-year supply of deliverable housing sites.

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127. With regards to the economic benefits, the proposed nursing home would create employment opportunities during the short term construction phase and the long term operation of the building. It is therefore considered that a degree of weight should be given to these economic benefits. 128. The proposal is considered not to harm Heritage assets, the character and appearance of the area (subject to a landscaping condition), nor have an unacceptable impact on neighbouring residential amenity. The proposal’s transportation and highways impacts are considered to be acceptable. 129. In summary, the application proposed is considered to be a sustainable form of development in view of economic, social and environmental benefits. It is considered that the housing provision and other benefits associated with the proposal would outweigh the loss of an existing family sized dwelling. The proposal is therefore considered to be acceptable, having regard to the relevant planning policy and guidance. 130. Officers recommend the application for approval subject to the following conditions and the completion of a legal agreement.

Recommendation:

131. Approve subject to completion of relevant legal agreements under the Town and Country Planning Act 1990 (as amended), as specified in the legal agreements section, and to delegate to the Head of Development Management (Acting) any consequent changes to conditions and legal agreements to be agreed in consultation with the Chair of the Development Control Committee.

Conditions:

1. Commencement

The development hereby permitted shall begin before the expiration of three years from the date of this permission.

Reason: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. Approved plans list

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The approved development shall be carried out in accordance with the following drawings/details:

00-2 Rev M proposed ground floor 00-3 Rev K proposed 1st floor 00-4 Rev J proposed 2nd floor 00-5 Rev C proposed roof plan 21-1 Rev proposed elevations 9-12 Proposed Site Section A-A 9-13 Proposed Site Section B-B 9-14 Proposed Site Section C-C 21-5 Proposed Street Scene Elevations 9-3 Existing Block Plan 00-10 Existing Ground Floor Plan 00-11 Existing First Floor Plan 00-12 Existing Second Floor Plan 00-13 Existing Roof Plan 21-7 Existing Elevations 9-10 Existing Site Section A-A 9-11 Existing Site Section B-B 00-14 Proposed Demolition Plan 9-2 Proposed Site Plan 9-4 Proposed Site Plan with Topographical Survey 9-5 Proposed Site Plan with Boundary Treatments and Landscaping

Reason for the avoidance of doubt and in the interest of proper planning.

3. Sample Materials

Details and samples of the external facing materials, windows, doors and hard landscaping to be utilised in the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before any above ground works on site are commenced. The development shall then be built in accordance with these approved samples.

Reason: The details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure a satisfactory appearance on completion of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

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4. Architectural Details

Prior to the commencement of building works above ground, detailed drawings including sections to a scale of 1:20 to confirm the detailed design of all external finishing materials as set out below shall be submitted to and approved in writing by the Local Planning Authority:

a) Details of windows, dormers and doors including reveal depths and returns; b) Details of entrances, frontages and associated reveal depths where applicable; c) Details of roof forms, ridges, verge and eaves; d) Details and locations of rainwater goods and pipes; e) Details of brickwork detailing including string courses, brick type, brick bond, pointing and mortar mix f) Details of any plant/equipment, extraction vents and/ or flues

The development shall thereafter be carried out solely in accordance with the approved details and fully retained as approved unless otherwise agreed in writing.

5. Construction Logistics Plan

No development shall take place including any works of demolition until a construction management plan or construction method statement has been submitted to and been approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the construction period. The statement shall provide for:

(a) Provision for loading/unloading materials. (b) Storage of plant, materials and operatives vehicles. (c) Temporary site access. (d) Signing system for works traffic. (e) Measures for the laying of dust, suppression of noise and abatement of other nuisance arising from development works. (f) Location of all ancillary site buildings. (g) Measures to protect any tree, shrubbery and other landscape features to be

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retained on the site during the course of development. (h) Means of enclosure of the site. (i) Wheel washing equipment. (j) The parking of vehicles of the site operatives and visitors (k) The erection and maintenance of security hoarding. (l) A scheme for recycling/disposing of waste resulting from demolition and construction

The applicant shall have regard to the GLA SPG on the Control of Dust and Emissions During Construction and Demolition. Such details shall normally inc

- An air quality and dust risk assessment - An air quality management plan - Site monitoring - Compliance with the requirements for non-road mobile machinery. See http://nrmm.london/. Note: parts of the borough require the higher standards for the ‘Central Activity Zone’ and Canary Wharf. Details are available on the Non Mobile Machinery website.

Reason: These details are required prior to commencement of development because the relevant works would take place at the beginning of the construction phase and in order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

6. Details of Levels

The development shall not commence until plans detailing the existing and proposed ground levels including the levels of any proposed buildings, roads and/or hard surfaced areas have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details.

Reason: These details are required prior to commencement of development because the details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure that levels have regard to the level of surrounding development, gradients and surface water drainage in accordance with Policies DM 4 and DM10 of the Council’s Core Strategy.

7. Contamination

If during development contamination not previously identified is found to be

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present at the site, no further development shall be carried out until an investigation strategy and risk assessment, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination will be dealt with has been submitted to and approved in writing by the local planning authority. No part of the development shall be occupied until the measures identified in the approved remediation strategy and verification plan has been completed and a verification report demonstrating completion of the approved remediation works and the effectiveness of the remediation has been submitted to and approved in writing by the local planning authority.

Reason: To ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

8. Construction Hours

No work relating to the development hereby approved, including works of demolition or preparation prior to building operations, shall take place other than between the hours of 08:00 and 18:00 Monday to Friday and 08:00 to 13:00 Saturdays and at no time on Sundays or Bank or National Holidays.

Reason: To protect the occupiers of neighbouring properties from noise and disturbance outside the permitted hours during the construction period, in accordance with Policy DM10 of the Core Strategy Adopted (2012).

9. Archaeology

No demolition or development shall take place until a stage 1 written scheme of investigation (WSI) has been submitted to and approved by the local planning authority in writing. For land that is included within the WSI, no demolition or development shall take place other than in accordance with the agreed WSI, and the programme and methodology of site evaluation and the nomination of a competent person(s) or organisation to undertake the agreed works.

If heritage assets of archaeological interest are identified by stage 1 then for those parts of the site which have archaeological interest a stage 2 WSI shall be submitted to and approved by the local planning authority in writing. For land that is included within the stage 2 WSI, no demolition/development shall take place other than in accordance with the agreed stage 2 WSI which shall include:

A. The statement of significance and research objectives, the programme and

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methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works B. 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.

10.SUDS a)Prior to commencement of groundworks (excluding site investigations and demolition), the applicant must submit a final detailed drainage design including drawings, supporting calculations and an updated Drainage Assessment Form to the Lead Local Flood Authority for review and approval, aligned with the Flood Risk Assessment and Drainage Strategy (December 2019) and associated drawings. The design should comply with the hierarchy for sustainable drainage. The risk of groundwater flooding either to or from the site should be considered. A detailed management plan confirming routine maintenance tasks for all drainage components must also be submitted to demonstrate how the drainage system is to be maintained for the lifetime of the development.

Reason: To prevent the risk of flooding to and from the site in accordance with relevant policy requirements including but not limited to London Plan Policy 5.13, its associated Sustainable Design and Construction SPG, the Non-Statutory Technical Standards for Sustainable Drainage Systems and Kingston Council’s Local Plan Policy DM4. b)No building hereby permitted shall be occupied until evidence (photographs and installation contracts) is submitted to demonstrate that the sustainable drainage scheme for the site has been completed in accordance with the submitted details. The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan for all of the proposed drainage components.

Reason: To comply with the Non-Statutory Technical Standards for Sustainable Drainage Systems, the National Planning Policy Framework (Paragraph 103), the London Plan (Policies 5.12 and 5.13) along with associated guidance to these policies and Kingston Council’s Local Plan Policy DM4.

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11.Arboricultural Details

No development or other operations shall take place except in complete accordance with the approved document titled Arboricultural Implications Assessment prepared by Broad Oak Tree Consultants Limited and the Tree Protection PlanJ55.33/04) (hereinafter referred to as the Approved Scheme). No operations shall commence on site in connection with development hereby approved until the tree protection works required by the Approved Scheme are in place on site.

a) No excavations for services, storage of materials or machinery, parking of vehicles, deposit or excavation of soil or rubble, lighting of fires or disposal of liquids shall take place within an area designated as being fenced off or otherwise protected in the Approved Scheme. b) The fencing or other works which are part of the Approved Scheme shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials removed from the site, unless the prior approval in writing of the local planning authority has first been sought and obtained.

Reason: To prevent unnecessary damage occurring to the trees during building operations, thereby safeguarding the visual amenities of the site in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

12.Landscaping and Boundary Treatment

Notwithstanding the submitted plans, prior to the commencement of building works above ground details of the hard and soft landscape treatment of all parts of the site not covered by buildings shall be submitted to and approved in writing by the Local Planning Authority. The site shall be landscaped strictly in accordance with the approved details in the first planting season after completion or first occupation of the development, whichever is the sooner. Details shall include: 1) a scaled plan showing all existing vegetation and landscape features to be retained and trees and plants to be planted; 2) location, type and materials to be used for hard landscaping including specifications, where applicable for: a) permeable paving b) tree pit design

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c) underground modular systems d) Sustainable urban drainage integration e) use within tree Root Protection Areas (RPAs); 3) a schedule detailing sizes and numbers/densities of all proposed trees/plants; and 4) specifications for operations associated with plant establishment and maintenance that are compliant with best practise;

5) types, materials, design and dimensions of all boundary treatments and screening All soft landscaping shall have a written five year maintenance programme following planting. Any new tree(s) that die(s), are/is removed or become(s) severely damaged or diseased shall be replaced and any new planting (other than trees) which dies, is removed, becomes severely damaged or diseased within five years of planting shall be replaced. Unless further specific permission has been given by the Local Planning Authority, replacement planting shall be in accordance with the approved details.

Reason: In the interest of visual amenity and to ensure that the ecological value of the site is enhanced post development in accordance with Policies DM6 and DM10 of the Council’s Core Strategy (2012).

13. Energy and sustainability

14.Refuse/Recycling

Notwithstanding the drawings hereby approved, prior to the commencement of building works above ground, details of refuse and recycling facilities (including dimensions, materials and design) shall be submitted and approved in writing by

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the Local Planning Authority. The approved details shall have been carried out prior to the occupation of the development hereby approved.

The developer and/or their successors in title shall take all reasonable steps to ensure that all refuse and recyclable materials associated with the development shall not be stored or placed for collection on the public highway or pavement.

Reason: To ensure the provision of refuse and recycling facilities to the satisfaction of the Council in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

15.Cycle Parking

Notwithstanding the drawings hereby approved, and prior to the commencement of building works above ground, details of the siting, number and design of 10 secure/ covered cycle parking spaces shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall thereafter be installed and permanently retained for cycle parking.

Reason: To ensure the provision of adequate cycling facilities in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

16.Parking layout

Notwithstanding the drawings hereby approved, and prior to the commencement of building works above ground, details of the siting, number and design of 14 car parking spaces shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall thereafter be installed and permanently retained for car parking and shall be provided with a hard bound dust free surface, adequately drained before the development to which it relates is occupied and thereafter it shall be kept free from obstruction at all times for use by the occupier of the development and shall not thereafter be used for any purposes other than the parking of vehicles for the occupiers of the development and visitors to it.

Reason: To ensure the provision of adequate off-street parking accommodation and to avoid the congestion of surrounding roads by parked vehicles in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

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17.Electric Vehicle Charging Points

Prior to the commencement of building works above ground, details, including type, siting, strategy and management plan of supplying and maintaining the electric vehicle charging points to be provided in accordance with London Plan standards (minimum 20% of parking space provision to be provided with electric charging points and a further 80% passive provision for electric vehicles in the future) shall be submitted to and approved in writing by the Local Planning Authority. All electric charging points shall be installed in accordance with the approved details prior to occupation and permanently maintained thereafter.

Reason: To ensure that the development complies with the sustainable development in accordance with Policy 6.13 of the London Plan (2016).

18.Travel Plan

No building or use hereby permitted shall be occupied or the use commenced until a Travel Plan comprising immediate, continuing and long-term measures to promote and encourage alternatives to single-occupancy car use has been prepared, submitted to and been approved in writing by the Local Planning Authority. The approved Travel Plan shall then be implemented, monitored and reviewed in accordance with the agreed travel Plan Targets to the satisfaction of the council.

Reason: To ensure that sustainable transport methods are encouraged and implemented in accordance with Policies CS5 (Reducing the Need to Travel) and CS6 (Sustainable Travel) of the LDF Core Strategy Adopted April 2012.

19.Lifts

All lifts hereby approved shall be installed and operational prior to the first occupation of the floorspace hereby approved.

Reason: To ensure that inclusive and accessible routes are provided throughout the floorspace at all floors and also accessible routes through the site are provided to ensure no one is excluded from full use of the site in accordance with Policy 3.8 of the London Plan (2016).

20.Internal Blinds

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Notwithstanding the approved drawings and supporting documents, details of internal blinds for the bedroom windows of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The approved blinds shall be installed and operational prior to the occupation of the development hereby approved.

Reason: To protect privacy and to reduce the risk of overheating in accordance with Policy 5.9 of the London Plan (2016) and Policy DM10 of the Council’s Core Strategy (2012).

21.Overheating and Cooling

Prior to the commencement of building works above ground level, an assessment of the internal temperature in summer of the development hereby approved shall be submitted to the Local Planning Authority. The assessment shall demonstrate compliance with the requirements of the Building regulations 2013 (Schedule 1, Part L). The assessment shall include details of any mitigation measures that are proposed to be used to reduce overheating, which shall include without limitation and where appropriate provision of ventilation; and internal layout. The mitigation measures shall be approved in writing by the Local Planning Authority. Following approval of the mitigation measures the building shall be constructed in accordance with the approved details and maintained in this condition thereafter, unless other minor variations are agreed in writing by the Local Planning Authority.

Reason: To ensure a comfortable level of amenity for residents of the development in accordance with Policy DM10 of the Council’s Core Strategy (2012).

22.Flood Risk Management

Prior to the occupation of the development hereby permitted a detailed Flood Risk Management Plan shall be submitted to the local planning authority, including details of a satisfactory route of access and egress.

23.BREEAM UK

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Evidence confirming that the development achieves a BREEAM (2014 version or relevant equivalent if this is replaced or superseded) rating of no less than 'Excellent' shall be submitted to and approved in writing by the Local planning Authority. The evidence required shall be provided in the following formats and at the following times: a. a design stage assessment, conducted by an accredited Code / BREEAM Assessor and supported by relevant BRE interim certificate shall be submitted at pre construction stage within 3 month of commencement of superstructure works on site; and, b. a post construction assessment, conducted by and accredited Code / BREEAM Assessor and supported by relevant BRE accreditation certificates for each of the units, shall be submitted following the practical completion of the development and within 3 months of first occupation.

In the event that the development cannot achieve a BREEAM 'Excellent', detailed evidence must be submitted to and approved in writing by the Local Planning Authority and supported by a schedule of enhanced sustainability measures to be implemented on the site. If it can be demonstrated that the development cannot achieve a BREEAM 'Excellent' then the development must achieve no less than a 'Very Good' and certification of the same must be provided in accordance with parts (a) and (b) of this condition. The development shall be carried out strictly in accordance with the details so approved, shall be maintained as such thereafter and no change there from shall take place without the prior approval of the Local Planning Authority.

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 London Plan (2016) and Policies DM 1-DM 3 of the Council’s Core Strategy (2012).

24. Solar Photovoltaic Panels

The solar photovoltaic panels shown on the approved plans shall be installed and operational prior to the occupation of the development hereby approved. The solar photovoltaic panels as approved shall be maintained as such thereafter.

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25.Drainage (Thames Water)

The development hereby approved shall not be occupied until confirmation has been provided that either:-

1. Capacity exists off site to serve the development, or 2. A housing and infrastructure phasing plan has been agreed with Thames Water. Where a housing and infrastructure phasing plan is agreed, no occupation shall take place other than in accordance with the agreed housing and infrastructure phasing plan, or 3. All wastewater network upgrades required to accommodate the additional flows from the development have been completed.

Reason: To ensure there is sufficient drainage network capacity to accommodate the proposed development.

26.Bird Nesting

No clearance during birds nesting - All areas of hedges, scrub or similar vegetation where birds may nest which are to be removed as part of the development, are to be cleared outside the bird-nesting season (March - August inclusive) or if clearance during the bird-nesting season cannot reasonably be avoided, a suitably qualified ecologist will check the areas to be removed immediately prior to clearance and advise whether nesting birds are present. If active nests are recorded, no vegetation clearance or other works that may disturb active nests shall proceed until all young have fledged the nest.

Reason: To ensure that wildlife is not adversely impacted by the proposed development in accordance with national wildlife legislation and in line with Policy DM 6 of the Council’s Core Strategy. Nesting birds are protected under the Wildlife and Countryside Act, 1981 (as amended).

27.Biodiversity Enhancements

Prior to the commencement of above ground works, until a Biodiversity Enhancement Strategy to enhance the nature conservation interest of the site has been submitted to and agreed in writing by the Local Planning Authority. The Biodiversity Enhancement Strategy shall include the following details: a) Bird boxes on trees (including location, specification and design) b) Bat boxes suitable for pipistrelle (including location, specification and design) c) Hedgehog links' (i.e. 15cm diameter gaps at the base of fences)

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The development shall be carried out strictly in accordance with the details so approved and maintained as such thereafter.

Reason: To minimise the impact of the development on the ecological value of the area and to ensure the development provides the maximum possible provision towards the creation of habitats and valuable areas for biodiversity in accordance with Policy DM 6 of the Core Strategy and Policy 7.19 of the London Plan.

28.Lighting Plan

Full details of the lighting across the site shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development hereby approved.

The details shall include the location and full specification of: all lamps; light levels/spill lamps, support structures, hours of operation and technical details on how impacts on bat foraging will be minimised. The lighting measures shall be carried out strictly in accordance with the details so approved, shall be installed prior to the occupation of the development and shall be maintained as such thereafter.

Reason: To ensure that any resulting general or security lighting is appropriately located, designed to not adversely impact neighbouring residential amenity as well as protecting the biodiversity value of the site in accordance with Policy 7.19 of the London Plan (2016) and Policy DM10 of the Council’s Core Strategy (2012).

29.Noise of Fixed Plant

Notwithstanding the details approved, the design and installation of any new items of fixed plant shall be such that when operating the cumulative noise level LAeq Tr arising from the proposed plant, measured or predicted at 1m from the facade of the nearest noise sensitive premises, shall be a rating level of at least 5dB(A) below the background noise level LAF90 Tbg. The measurement and/or prediction of the noise should be carried out in accordance with the methodology contained within BS 4142: 2014.

Reason: To safeguard the amenity of neighbouring residential occupiers in accordance with Policy DM10 of the Council’s Core Strategy (2012).

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30. Air Quality

Prior to commencement of development, an air quality assessment report, in accordance with current guidance, for the existing site and proposed development shall be submitted to and approved by the Local Planning Authority. The report shall include an assessment of construction dust impacts.

The development shall be at least “Air Quality Neutral” and an air quality neutral assessment for both building and transport shall be included in the report.

The assessment shall have regard to the most recent air quality predictions and monitoring results from the Authority’s Review and Assessment process, the London Air Quality Network and the London Atmospheric Emissions Inventory. The report shall include all calculations and baseline data, and be set out so that the Local Planning Authority can fully audit the report and critically analyse the content and recommendations.

A scheme for air pollution mitigation measures based on the findings of the report shall be submitted to and approved by the Local Planning Authority prior to commencement of development. This shall include mitigation for when air quality neutral transport and building assessments do not meet the benchmarks.

The approved mitigation scheme shall be implemented in its entirety in accordance with the details approved under this condition before any of the development is first occupied or the use commences and retained as such thereafter.

Reason: To protect environmental health and local amenity. To comply with the London Plan and its Sustainable Design and Construction SPG. To ensure compliance with Policy 7.14 of the London Plan 2016 in relation to air quality neutrality.

31. Piling Method Statement

Prior to commencement of development a piling method statement shall be submitted to and approved in writing by the Local Planning Authority. Any piling must be undertaken in accordance with the terms of the approved piling method.

The piling method statement shall detail the type of piling to be undertaken, why this method has been selected, measures to be taken to minimise noise and

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vibration and a plan showing where the piles are to be installed. There are a number of different piling methods suitable for different circumstances. Guidance is contained in BS5228 Noise control on Construction and Open sites - Part 4: Code of Practice for noise and vibration control applicable to piling operations. The contractor is required to take the best practicable means to minimise noise and vibration and the Council positively encourages the use of hydraulic, auger and diaphragm wall piling methods. Where complaints of noise and vibration are received it is expected that the contractor will undertake noise and vibration monitoring, with data reported back to the Environmental Health Service.

Reason: These details are required prior to commencement of development because the relevant works would take place at the beginning of the construction phase and to safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

32. Acoustic Report

An acoustic report shall be submitted demonstrating that the rating level of the noise from the kitchen extract system shall be at least 5dBA lower than the existing background noise level at any given time of operation. The noise levels shall be measured or predicted 1m externally to any window at the nearest residential facade. Measurements and assessment shall be made according to British Standard 4142:2014

Full details, with calculations, of the proposed extraction system shall be submitted to demonstrate compliance with “Control of Odour and Noise from Commercial Kitchen Exhaust Systems” published by EMAQ+ dated September 2018. This replaced the previous Defra guidance, now withdrawn.

The submission shall include, where applicable, details of:

(i) The extract fan, silencers, anti-vibration mounts, high velocity cowl, filters, odour abatement and any other items of plant;

(ii) The velocity of the air at final discharge and duct termination height and location

(iii) The retention time of gases in the carbon filters (where applicable);

(iv) A maintenance schedule

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(v) Completion of an odour risk assessment

Reason: To safeguard the amenity of neighbouring residential occupiers in accordance with Policy DM10 of the Council’s Core Strategy (2012).

33. Delivery and Servicing Plan

Prior to the beneficial occupation of the development hereby approved a Delivery and Servicing Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall contain measures to ensure that the activity associated with deliveries, servicing and refuse collection does not adversely impact upon the operation of the local highway network or inconvenience local residents or business owners. The plan shall be implemented prior to the first occupation of the development hereby permitted.

Reason: To safeguard the amenities of existing and future residential occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

Informatives:

2. The applicant is advised that this permission has been granted subject to the completion of a legal agreement.

3. When undertaking demolition and/or noisy building work, please be considerate to your neighbours and do not undertake work before 8am or after 6pm Monday to Friday, before 8am or after 1pm on a Saturday or at any time on Sundays or Bank Holidays.

4. You are advised that the Council does have formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts and other relevant legislation, and that any works undertaken which impact

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unreasonably upon the surrounding area may be subject to action by the Council's Environmental Health Department.

5. Your attention is drawn to the need to comply with the relevant provisions of the Building Regulations, the Building Acts and other related legislation. These cover such works as - the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of services, underpinning works, and fire safety/means of escape works. Notice of intention to demolish existing buildings must be given to the Council's Building Control Service at least 6 weeks before work starts. A completed application form together with detailed plans must be submitted for approval before any building work is commenced.

6. The Party Wall Act 1996 requires a building owner to notify, and obtain formal agreement from, any adjoining owner, where the building owner proposes to: - carry out work to an existing party wall; - build on the boundary with a neighbouring property; - in some circumstances, carry out groundworks within 6 metres of an adjoining building.

7. Notification and agreements under this Act are the responsibility of the building owner and are quite separate from Building Regulations, or Planning Controls. The Building Control Service will assume that an applicant has obtained any necessary agreements with the adjoining owner, and nothing said or implied by the Council should be taken as removing the necessity for the building owner to comply fully with the Party Wall Act. Further information and advice is to be found in "The Party Walls etc. Act 1996 - Explanatory Booklet".

8. The written scheme of investigation will need to 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.

9. If you are planning on using mains water for construction purposes, it’s important you let Thames Water know before you start using it, to avoid

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potential fines for improper usage. More information and how to apply can be found online at thameswater.co.uk/buildingwater.

Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Water's pipes. The developer should take account of this minimum pressure in the design of the proposed development.

There are water mains crossing or close to your development. Thames Water do NOT permit the building over or construction within 3m of water mains. If you're planning significant works near our mains (within 3m) we’ll need to check that your development doesn’t reduce capacity, limit repair or maintenance activities during and after construction, or inhibit the services we provide in any other way. The applicant is advised to read our guide working near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-yo urdevelopment/Working-near-or-diverting-our-pipes

10.The development approved by this planning permission will be liable to pay Kingston CIL which is presently set at £210/sqm of development; and the Mayoral of London’s CIL (MCIL) which is presently set at £60/sqm of development.

Payment will be due once the owner/developer serves a development Commencement Notice on the Council, and a payment Demand Notice has been received by the owner. Failure to submit a Commencement Notice will incur a surcharge of 20% of the chargeable amount or £2,500, whichever is the lower amount. When you have discharged all pre-commencement conditions the Council will issue a Liability Notice to the owner setting out the MCIL calculation. Accompanying the Liability Notice will be a blank Commencement Notice and if necessary a blank Assumption of Liability form, both of which need to be completed and returned to the Council prior to development commencing. A failure to do so will incur a surcharge.

Should you have any questions in respect of the contents of this letter or the MCIL more generally, please contact the Council's Contact Centre by email [email protected] or phone 0208 547 5002.

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