Planning Committee 21/03/2018 Schedule Item No. 02
Ref: 178944FUL
Address: Homebase Superstore, Western Avenue, Acton, Ealing, W3 7XX
Ward: East Acton
Proposal: Redevelopment of the site to provide a mixed use residential-led development comprising of 333 residential units (use class C3), 2,086sqm retail food store (use class A1), 67sqm of flexible space (use class A1/A3/D1), energy centre and sub-station, with building heights between 3 and 16 storeys; with associated car and cycle parking; hard and soft landscaping; private and communal amenity spaces.
Drawing numbers/plans: For full list of plans and supporting documents please see proposed condition number 2 below.
Type of Application: Full application
Application Received: 20/12/2017 Revised: N/A
Report by: Chris Maltby
Recommendation: Grant planning permission subject to - 1. Stage II referral to the Mayor of London; 2. Signing of a Section 106 agreement; and 3. Planning Conditions of Consent
Executive Summary:
The proposals comprise a detailed planning application for this 0.95-hectare site located at the junction of the A40/Western Avenue with Old Oak Common Lane. The site has frontages to the A40/Western Avenue to the north, Old Oak Common Lane to the east and East Acton Lane to the south. The western boundary is shared with residential properties. The site is located adjacent to the eastern boundary of the Borough of Ealing with the opposite side of Old Oak Common Lane marking the boundary with the London Borough of Hammersmith and Fulham
The site is currently occupied by a Homebase and Argos retail warehouse (use class A1). The main two storey warehouse building is located centrally in the northern part of the site with surface car parking extending to the east and south of the building fronting Old Oak Lane and East Acton Lane. To the west of the main building is a smaller single storey extension and a service yard which is accessed directly from the A40. The customer vehicle entry and exit is located on the southern boundary onto East Acton Lane, there are currently 115 customer parking spaces.
The site is located within approximately 500m of East Acton underground station and there are a number of local bus routes stopping directly on the northern and eastern boundaries of the site. The site has a PTAL rating of predominantly 6a with some variance across the site.
The surrounding area is characterised by a mix of uses, comprising residential, retail and religious buildings and a mix of building styles, types and heights. Properties to the north and east of the Site fronting the A40 and Old Oak Lane are typically 3 storeys in height and mainly comprise retail at the ground floor, with residential above. The wider context primarily consists of residential uses,
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with a mixture of two storey semi-detached properties, low rise apartment blocks to the west along the A40 and some high rise residential to the south of the site, including the 12 storey Burghley Tower.
To the east is the ‘Savoy Circus’ Development, a 7-storey student accommodation block currently under construction. This site lies within the London Borough of Hammersmith and Fulham.
The application site is located within the East Acton Neighbourhood Centre and the north eastern corner of the Site fronting the A40 and Old Oak Lane is defined as a Primary Retail Frontage. The northern frontage of the Site to the A40 is located within the East Acton Green Corridor. The eastern and southern boundaries of the site contain a number of trees with preservation orders.
The Site is within Flood Zone 1 and an Air Quality Management Area. There are no listed buildings within or adjacent to the site, the nearest listed built is St Dunstans Church (Grade II listed) located approximately 500m to the west. Located immediately to the east of the site and falling within the London Borough of Hammersmith and Fulham, is the Old Oak and Wormholt Conservation Area.
The proposals subject of this application comprise a residential led mixed use development including 333 residential units and a retail food store (use class A1) of 2,086sq.m and a flexible space (use classes A1/A3/D1) of 67sq.m. In addition, 17 blue badge parking spaces are proposed to serve the residential units and 70 spaces are proposed to serve the retail component. 35% of all residential units by habitable rooms would be affordable with a tenure split of 30% London Affordable Rent and 70% shared ownership.
The key determining issues in considering this detailed application are:
• Design including scale, form, siting and appearance • Heritage considerations • Density, Housing standards mix, size, quality and outlook/privacy • Design including energy efficiency, sustainability and environmental protection • Affordable housing; • Transport; and • Planning obligations and the Mayor’s Community Infrastructure Levy.
The principle of redevelopment this site is considered to be acceptable, the site is located in a highly sustainable location with a PTAL rating of predominantly 6a. The existing site is brownfield previously developed land that is underutilised in its current use and contributes little to the appearance of the area.
The scheme would provide high quality residential accommodation all of which meets or exceeds the minimum space standards and will have access to private and communal amenity areas. A good mix of unit sizes are proposed. The development will deliver 333 new dwellings of which 114 will be affordable units significantly contributing to meeting housing need in the area.
The residential accommodation provides access to a generous centrally located communal garden located at a podium level in addition at ground floor level to the west of the building a small pocket park is proposed. Both areas incorporate play features suitable for ages 0-11 with a S106 contribution also being made for improvements to local open space and children’s play spaces.
The proposed A1 retail store is acceptable given that it occupies a position within the primary retail frontage within a neighbourhood centre. Although the proposed use does result in a small loss of floor space when compared with the existing situation this is considered to be acceptable given the existing unattractive retail warehouse is to be replaced with a modern, fit for purpose retail food store with an active frontage to the street.
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Whilst the bulk and form of the development is significant compared with the existing underutilised use of the site this is considered to be acceptable given that the proposed building is well designed and does not result in demonstrable harm to adjoining developments and occupiers or to the visual amenity of the local or wider environmental context. The bulk and form of the proposal has been designed to step down towards the south west corner of the site adjacent to two storey residential properties with the taller part of the development fronting the busy intersection of Old Oak Common Lane and the A40/Western Avenue. This approach is supported and the principle of a taller building on this site given its highly accessible, neighbourhood centre location is considered to be acceptable.
The external design of the building includes high quality architectural detailing and the use of appropriate materials drawn from the local context. The architectural approach is an appropriate response to the urban context and will have a positive relationship with the street scene, neighbouring buildings and the wider area. Reflecting the varied character between the north and south the of the site the building has a more commercial appearance with active retail frontages to Western Avenue and Old Oak Common Lane and more domestic appearance to East Acton Lane where the development adjoins residential property.
The form and design of the building has considered neighbouring existing uses and good separation distances have been maintained. This together with the careful positioning of windows and balconies ensures the development will not have significant impacts on the amenity and living conditions of adjoining occupiers.
The proposed development would provide high standards in terms of sustainable design and construction including high energy and water efficiency measures, low emission levels, and connection to a Central Heating & Power (CHP) plant within the development. The proposed energy strategy results in a reduction in CO2 emissions of 54% far exceeding the London Plan requirement of 35%.
Potential impacts with regard to air quality, noise and land contamination can be adequately dealt with by the conditions proposed and/or mitigation measures set out within the S106.
Transport Services have assessed the potential implications of the proposed development for the highway network in the locality and consider it to be broadly acceptable subject to conditions and financial contributions towards road safety and pedestrian and cycle improvements. In addition, measures to encourage the use of sustainable modes of transport including securing a travel plan and car club space and memberships are also secured via the S106.
The proposals also include the transfer of land fronting the A40 and Old Oak Lane to enable TFL to deliver the Cycle Superhighway 10 (CS10) which is planned to be delivered along the A40 in front of the site and road and pedestrian improvements along Old Oak Lane and at the junction with the A40.
Overall, the scheme will result in a number of significant planning benefits including a sizeable increase in the housing stock with well-designed dwellings including 114 affordable units and in the order of £2.4m in S106 contributions as well as other measures to mitigate impacts of the development and £1.06m in CIL payments.
In light of the above considerations, it is considered that the proposed development is consistent with the aims of the relevant policies of the adopted the Ealing Core Strategy (2012), The London Plan (2016), Relevant Supplementary Planning Guidance, the National Planning Policy Framework (2012), the Ealing Development Management Development Plan Document (2013) and the Development Sites DPD (2013). As such, it is recommended for conditional approval subject to a S106 legal agreement and referral to the Mayor.
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Conclusions The report includes recommendations to grant detailed planning permission subject to any direction from the Mayor of London and subject to compliance with the relevant planning conditions and the completion of a satisfactory legal agreement.
In reaching this recommendation specific consideration has been given to the key determining issues identified above.
Overall the development proposes a high quality mixed use scheme that will deliver a significant quantum of new housing including affordable dwellings. The development results in the more efficient use of a brownfield site in a highly accessible location. Residential impacts have been carefully considered in developing the proposals and it is considered that good levels of amenity for both existing and future residents will be maintained. The proposed building will positively contribute to the busy junction providing a well-designed building with active frontages. To the south the scale of the building reduces significantly to respect the more domestic architecture existing on East Acton Lane. The bulk, scale and massing are considered to be appropriate and responds positively to the mixed character of the area.
Weighing up all the material considerations, the proposed development is considered to be acceptable, to comply with development plan policies and the National Planning Policy Framework guidance; or to provide suitable justification and mitigation for areas of non- compliance, in so far as:
• The proposals are for the redevelopment of an underutilised brownfield site in a town centre location that is highly accessible; • The proposed mixed commercial and residential uses are acceptable and ensure the enhancement of the retail offer whilst delivering a significant quantum of new housing; • The proposed retail use will replace an existing unattractive warehouse style retail building with a modern fit for purpose retail food store with active frontage addressing the street; • The 333 residential units will contribute to meeting the Council’s housing targets, helping to address the existing shortfall of new housing in London; • The proposals include 114 affordable units (35% by habitable room); • The residential accommodation is all compliant with minimum space standards, is well designed with generous flexible spaces and access to a range of external private and communal amenity spaces • The proposed development is of a very high architectural standard incorporating detailing and materials that reflect the locality; • The location and form of development is considered to have an acceptable relationship with neighbouring uses and ensures that existing standards of residential amenity is protected; • It complies with policies to locate high-density residential development in appropriate, accessible locations; • The proposals provide well designed and accessible facilities for cyclists including cycle storage for visitors at surface level and separate secure cycle stores serving the commercial and residential accommodation. • Servicing takes place within the site ensuring no conflict with existing vehicle movements • It has the potential to satisfy relevant policies in relation to sustainability, energy efficiency, noise, air quality, contamination and sustainable drainage and appropriate planning conditions are proposed to ensure the detailed design responds positively to these; • The applicant has agreed to enter into a Section 106 Agreement which includes clauses and financial contributions relating to a range of issues;
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The above represents the summary conclusions of the assessment of the application and are the main reasons for the recommendation to grant planning permission subject to further statutory consultation with the Mayor of London as set out below:
Referable application This planning application is referable to the Mayor of London pursuant to the Town and Country Planning (Mayor of London) Order 2008 under Category 1B(c) of the schedule to the Order, as it would comprise development that is:
“(c) outside Central London and with a total floorspace of more than 15,000 square metres.”
The application was referred to the GLA and a Stage 1 response was issued on 5 th March 2018 which states that the Mayor stronmgly supports the residential led mixed use redevelopment on this town centre located site.
The Stage 1 report also confirmed the Mayors support for the affordable housing proposals confirming they met with policy objectives and they met with relevant criteria and so could be considered under the ‘threshold approach’.
The Mayor also lent support to the urban and inclusive design aspects of the proposals noting that the housing met high standards of design and residential amenity. (Further details of the GLA’s response are given at page 36 of this report).
If Ealing Council resolves to make a draft decision on the application, it must consult the Mayor again under Article 5 of the Mayor of London Order 2008 and allow him fourteen days to decide whether to allow the draft decision to proceed unchanged, or direct the Council under Article 6 to refuse the application, or issue a direction under Article 7 that he is to act as the local planning authority for the purpose of determining the application.
RECOMMENDATION:
That full planning permission is granted subject to:
(a) Any direction of the Mayor. Following the Council’s consideration of the application, the application will be referred to the Mayor of London in accordance with Article 5 of the Town and Country Planning (Mayor of London) Order 2008;
(b) Subject to the satisfactory completion of a Section 106 agreement under the Town and Country Planning Act 1990 (as amended) to secure the following: (i) 35% (by hab room) of the proposed dwellings are to be provided as affordable dwelling with 30% being London Affordable Rent and 70% being shared ownership;
(ii) Early stage review mechanism if no commencement within 2 years;
(iii) Agree to the transfer of land to TfL and London Borough of Ealing to enable delivery of the Cycle Superhighway 10 scheme.
(iv) Financial contribution to the Savoy Circus junction improvement scheme – (£420,000);
(v) Financial contribution for funding primary school places. (£622,482);
(vi) Financial contribution towards the provision of healthcare facilities; new primary care provision. (£568,492);
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(viii) Financial contribution towards WEST (Work, Education, Support and Training) project for provision of outreach engagement, pre-employment training and employment support for borough residents living in and around East Acton Ward and adjacent wards (£220,000);
(ix) Local Employment and Apprenticeship Scheme means a programme undertaken by the Owner to use reasonable endeavours to employ a minimum of 30% of local people during the construction phase and 12 new apprenticeships (or outcomes of equivalent value, e.g.: traineeships, site visits for learners, engagement with local schools) or other placement in the construction of the Development and the on-going maintenance and management of the Development;
(x) Financial contribution towards the improvement’s in local parks (£80,580 - amenity/ £16,659 - play equipment);
(xi) Air quality action plan measures (£54,830);
(xii) Financial contribution and other measures towards site specific sustainable transport measures, and transport and highway infrastructure improvements near the site to mitigate the impact of the proposed development. To include:
- Relocation of bus stop - Provision of EV charging - Provision of car club space and membership - Travel Plan and Travel Plan monitoring - Section 38/Section 278 works
(xiii) Carbon offsetting contributions (£417,084);
(xiv) Energy monitoring and clauses (£15,000);
(xv) Community facility – use of meeting room at peppercorn rate to identified local groups on a set number of days per year
(xvi) Payment of the Council’s reasonable legal and other professional costs incurred preparing the Section106 agreement. (c) That the grant of planning permission be subject to the following conditions:
Conditions:
1. Time Limit – Full Planning Permission The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990.
2. Approved Plans and Documents The development hereby approved shall be carried out in accordance with the following approved plans: and documents: Plans: E1191F0001P1, E1191F0200P1, E1191F0201P1, E1191D0001P1, E1191D0102P1, E1191D0103P1, E1191D0104P1, E1191D0105P1, E1191D0108P1, E1191D0109P1,
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E1191D0110P1, E1191D0111P1, E1191D0112P1, E1191D0113P1, E1191D0114P1, E1191D0115P1, E1191D0116P1, E1191D0117P1, E1191D0400P1, E1191D0401P1, E1191D0402P1, E1191D0410P1, E1191D0411P1, E1191D0412P1, E1191D0420P1, E1191D0421P1, E1191D0422P1, E1191D0200P1, E1191D0201P1, E1191D0203P1, E1191D0204P1, E1191D0205P1, E1191D0206P1, E1191D0207P1, E1191D0208P1, E1191D0250P1, E1191D0251P1, E1191D0252P1, E1191D0253P1, E1191D0300P1, E1191D0301P1, E1191D0302P1, E1191BR0001P1, E1191D0106P2, E1191D0107P2, E1191D0100P3, E1191D0101P3, E1191D0202P2, E1191D0204P2, E1191D0209P3 3. Construction Management Plan Prior to the commencement of development, a site Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The submission shall take into account other major infrastructure and development projects in the area (including Old Oak Common HS2, National Rail and Crossrail Station) and shall include the following: a) The number of on-site construction workers and details of the transport options and parking facilities for them; b) Details of construction hours; c) Anticipated route, number, frequency and size of construction vehicles entering/exiting the site per day; d) Delivery times and booking system (which is to be staggered to avoid morning and afternoon school-run peak periods); e) Route and location of site access for construction traffic and associated signage; f) Management of consolidated or re-timed trips; g) Details of noise and vibration mitigation measures and monitoring arrangements for noise and vibration by suitably qualified noise specialists. Noise and vibration mitigation measures must accord with the Mayor’s 'Best Practice Guidance’; h) Details of site security, temporary lighting and the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; i) Secure, off-street loading and drop-off facilities; j) Wheel washing provisions; k) Vehicle manoeuvring and turning, including swept path diagrams to demonstrate how construction vehicles will access the site and be able to turn into and emerge from the site in forward gear and including details of any temporary vehicle access points; l) Details as to the location(s) for storage of building materials, plant and construction debris and contractor’s welfare facilities and offices; m) Procedures for on-site contractors to deal with complaints from members of the public; n) Measures to consult cyclists, disabled people and the local schools about delivery times and necessary diversions; o) Details of all pedestrian and cyclist diversions; p) A commitment to be part of Considerate Constructors Scheme; and q) Confirmation of use of TfL's Fleet Operator Recognition Scheme (FORS) or similar.
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r) The submission of evidence of the condition of the highway prior to-construction and a commitment to make good any damages caused during construction. s) Details of parking restrictions which may need to be implemented during construction work. Prior to the commencement of any construction work, all sensitive properties surrounding the site shall be notified in writing of the nature and duration of the works to be undertaken, and the name and address of a responsible person to whom enquiries / complaints should be directed. These details shall also be displayed at regular intervals around the site construction compound. The development shall be carried out strictly in accordance with the details so approved. Any areas to be used for the storage of building materials or other site activities outside of the relevant phase of the development shall be returned to the original condition immediately following the practical completion of the development. Such details shall be implemented and phasing agreed in writing, prior to the commencement of works on site and thereafter retained for the duration of the works. Reason: To protect the amenity of local residents, to ensure adequate highway and site safety in accordance with policies 1.1, 1.2, 2.1 & 2.8 of the Ealing Core Strategy (2012), policies 6.3, 6.14, & 7.13 - 7.14 of the London Plan (2016), the National Planning Policy Framework (2012), Greater London Authority 'The Control of Dust and Emissions from Construction and Demolition Supplementary Planning Guidance (20014), BS 5228-1:2009+A1:2014 – Code of practice for noise and vibration control on construction and open sites: Noise. 4. Air Quality/Dust Management Prior to the commencement of: a) Site set up, demolition and site clearance works; b) All other construction work
An Air Quality and Dust Management Plan (AQDMP) that includes an Air Quality (Dust) Risk Assessment shall be produced in accordance with current guidance The Control of Dust and Emissions during Construction and Demolition, SPG, GLA, July 2014, for the existing site and the proposed development. 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 the commencement of any works on the site. Reason: To safeguard the amenities for future occupiers of the development in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) & 1.2(f) of the Ealing Development (or Core) Strategy (2012) and with policy 7.3 of the Ealing Development Management Development Plan Document (2013). 5. Supplementary Air Quality Assessment Prior to first occupation of the proposed residential units, a supplementary air quality assessment shall be prepared incorporating revised modelling to determine the extent of the residential units affected by road traffic and CHP emissions and submitted to the Local Planning Authority for approval. Reason: To safeguard the amenities for future occupiers of the development in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) & 1.2(f) of the Ealing Development (or Core) Strategy (2012) and with policy 7.3 of the Ealing Development Management Development Plan Document (2013).
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6. Ventilation Strategy Prior to first occupation of the proposed residential units a ventilation strategy shall be submitted to the Local Planning Authority for approval, setting out measures to mitigate poor air quality at the locations identified in the supplementary air quality assessment required by Condition 5. The approved strategy shall be implemented and permanently retained thereafter. Reason: To safeguard the amenities for future occupiers of the development in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) & 1.2(f) of the Ealing Development (or Core) Strategy (2012) and with policy 7.3 of the Ealing Development Management Development Plan Document (2013). 7. Delivery and Servicing Plan A delivery and servicing plan shall be submitted to and approved in writing by the Local Planning Authority, prior to first occupation of any part of the development hereby approved. The plan shall cover the following: • Vehicle tracking - Swept paths drawings for a refuse lorry vehicle, 10-metre rigid vehicle and a fire appliance vehicle; • Deliveries and collections (both commercial and residential); including how deliveries will be scheduled to avoid several lorries arriving at the site simultaneously; • Servicing trips (including maintenance); and measures to reduce the number of freight trips to the site (freight consolidation); • Details for the management and receipt of deliveries for the residential properties. • Cleaning and waste removal; including arrangements for refuse collection; • Monitoring and review of operations. The delivery and servicing plan shall be implemented on first occupation of any part of the development hereby approved and the site shall be managed in accordance with the approved plan for the life of the development, or as otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the development can be adequately serviced in the interests of pedestrian and highway safety, in accordance with policy 6.11 and 6.13 of the London Plan (2016) and Local Variation policy 6.13 of the Development Management DPD 2013. 8. Site Waste Management Plan (Construction) Prior to the commencement of development (except for site clearance and preparation works), a Site Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Site Waste Management Plan shall demonstrate how the procurement of materials for the development during construction would promote sustainability, including by use of low impact, sustainably sourced, reused and recycled materials, including reuse of demolition waste, use of local suppliers and by reference to the BRE’s Green Guide Specification. The development shall be carried out in accordance with the particulars so approved. Reason: To ensure sustainable procurement of materials which minimises the negative environmental impacts of construction in accordance with policies 5.3 and 5.18 of the adopted London Plan 2016, policies 1.1 (k) and 1.2 (f) of the adopted Ealing Development Strategy (2012) and interim guidance in Ealing’s SPG4 ‘Storing waste for recycling and disposal
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9. Suspected Contamination Risk Assessment
Prior to the commencement of any works on site (except for site clearance and demolition) the following shall be submitted to and subject to the approval in writing of the Local Planning Authority: a) A Phase 2 intrusive investigation shall be undertaken in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals;
b) If concluded to be required based on the intrusive investigation, a Phase 3 scheme of remediation and/or monitoring (Remediation Strategy) to ensure the site is suitable for its proposed use should be submitted and approved in writing by the Local Planning Authority;
Following completion of measures identified in the approved remediation (de-contamination) scheme part b) c) A verification report that demonstrates the completion of measures identified in the approved contamination remediation scheme shall be produced. The report shall be compiled in accordance with the Environment Agency guidance ‘Verification of Remediation of Land Contamination’. Reason: To ensure that the site is not hazardous in the interest of public health and safety, in accordance with policy 5.21 of the adopted London Plan (2016), policy 1.1(e), of the adopted Ealing Development (or Core) Strategy (2012), and policy 5.21 of the adopted Ealing Development Management DPD (2013). 10. Material Samples Samples of all facing materials shall be submitted to and approved in writing by the Local Planning Authority prior to work commencing on the relevant part of the development. The submission should include details of full scale on site sample panels to be viewed by officers and the samples shall include: a) Full details of the proposed bricks, mortar and bonding details; b) Full details of the window systems and entrance doors (including sections and reveals) proposed for all parts of the development; c) Full details of cladding including materials and colours; d) Glass reinforced concrete, colours and textures; e) Balcony structures and balustrading treatments (including sections); f) Privacy screens; g) Metal, cement and render facing and banding detail; h) Ventilation and extraction louvres; external doors or other openings to refuse areas, cycles stores, substations, security gates to car parks and service yard; i) All other external materials to be used. The development shall be carried out strictly in accordance with the details so approved. Reason: To ensure that the materials harmonise with the surroundings, in accordance with policies Ealing Local Variation to London Plan Policy 7.4 and 7B of the Ealing Development Management Development Plan (2013), policies 1.1 (h) and 1.2 (g) of the adopted Local Development Framework (Core) Strategy (2012) and policies 7.4 and 7.6 of the London Plan (2016).
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11. Landscaping, Play Space and Public Realm Prior to commencement of landscaping works, and notwithstanding the indications in the submitted application; details of the hard and soft landscaping works and boundary treatments, within the ground level public realm, pedestrian routes, amenity areas, roof terraces and other areas of public realm including the details of: a) the location, species and densities of planting; b) finishes to the hard-surfaced areas (including samples); c) the amount, location of play space and full details of any play equipment and safety surfacing proposed d) boundary treatments and access gates e) associated furniture (including bins, bollards, seating) and other hard landscape works, and lighting f) disabled access and security measures shall be submitted and approved by the Local Planning Authority and implemented. Any trees or other plants, which die or are removed within the first five years following the implementation of the landscaping scheme, shall be replaced during the next planting season. Reason: To ensure a high-quality living environment is provided in interests the future occupiers of the development and the visual character and appearance of the area, in accordance with policies 1.1 (e) (i) and 1.2 (d) of the adopted Local Development Framework (Core Strategy 2012), policies 7.4 and 7.6 of the London Plan (2016) and policy 7.4 of the Ealing Development Management Development Plan 2013. 12. Mitigation to protect habitable rooms against noise impacts Details shall be submitted to the Local Planning Authority for approval prior to the commencement of superstructure works of an enhanced sound insulation value D nT,w [and L’ nT,w ] of at least 5dB above the maximum recommended Building Regulations value, for the floor/ceiling /wall structures separating different types of rooms/ uses in adjoining dwellings, namely [living rooms/ bathrooms/ kitchens above or adjoining bedrooms of separate dwellings]. The approved details shall be implemented before the development is occupied and retained permanently thereafter. Reason: To ensure a satisfactory standard of residential amenity is provided for future occupiers of the apartments adjoining locations identified as exceeding accepted residential noise levels, in accordance with policies 3.2 and 7.15 of the London Plan (2016); policy 1.1(j) of Ealing’s Development (or Core) Strategy (2012); policy 7A of Ealing’s Development Management DPD (2013), and Ealing’s interim SPG10: Noise and Vibration. 13. Mitigation to protect dwellings from noise impacts from commercial/communal Details shall be submitted to the Local Planning Authority for approval prior to the commencement of superstructure works of the sound insulation of the floor/ ceiling/ walls separating the commercial and communal part(s) of the premises from dwellings. Details shall demonstrate that the sound insulation value DnT,w [and L’nT,w ] is enhanced by at least 10- 15dB above the Building Regulations value and, where necessary, additional mitigation measures are implemented to contain commercial/ communal noise the commercial/communal areas and to achieve the criteria of BS8233:2014 within the dwellings/ noise sensitive premises. Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained. Reason: To ensure a satisfactory standard of residential amenity is provided for future occupiers of the apartments adjoining locations identified as exceeding accepted residential
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noise levels, in accordance with policies 3.2 and 7.15 of the London Plan (2016); policy 1.1(j) of Ealing’s Development (or Core) Strategy (2012); policy 7A of Ealing’s Development Management DPD (2013), and Ealing’s interim SPG10: Noise and Vibration. 14. Details of Plant and Machinery Details shall be submitted to the Local Planning Authority for approval prior to the commencement of superstructure works of the external sound level emitted from plant/ machinery/ equipment and mitigation measures as appropriate. The measures shall ensure that the external sound level LAeq emitted from plant, machinery/ equipment will be lower than the lowest existing background sound level LA90 by at least 10dBA in order to prevent any adverse impact on residents at the development and noise sensitive receivers in the surrounding area. The assessment shall be made in accordance with BS4142:2014 at the nearest and/or most affected noise sensitive premises, with all machinery operating together at maximum capacity. Details of any noise mitigation measures shall be submitted for approval. Approved details shall be implemented prior to use of plant/ machinery/ equipment and thereafter be permanently retained.
Reason: To safeguard future and existing occupiers of the area against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013). 15. Vibration from an extract or other duct fixed to a wall for A3 ground floor use Prior to the occupation of any commercial parts of the development, details of anti-vibration measures shall be submitted to and approved in writing by the Council. The measures shall ensure that machinery, plant/ equipment and extract/ ventilation systems and ducting etc.are mounted with proprietary anti-vibration isolators and fan motors are vibration isolated from the casing and adequately silenced. Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained. Reason: To safeguard the future occupiers of the development against unacceptable noise and disturbance, in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(j) of the Ealing Development (or Core) Strategy (2012), Local Variation policy 3.5 and policy 7A of Ealing Development Management Development Plan Document (2013). 16. Protection of existing trees/hedgerows and planting locations (demolition & construction) No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees and hedgerows has been submitted and its installation on site has been approved in writing by the Local Planning Authority. All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following:
• Full survey of all trees on site and those within influencing distance on adjacent sites in accordance with BS5837*, with tree works proposals. All trees must be plotted on a site plan**, clearly and accurately depicting trunk locations, root protection areas and canopy spreads.
• A plan** detailing all trees and hedgerows planned for retention and removal.
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• A schedule of tree works for all the retained trees specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998.
• Soil assessments/survey
• Timing and phasing of works
• Site specific demolition and hard surface removal specifications
• Site specific construction specifications (e.g. in connection with foundations, bridging, water features, surfacing)
• Access arrangements and car parking
• Level changes
• Landscaping proposals
• A Tree protection plan in accordance with BS5837 detailing all methods of protection, including but not restricted to: locations of construction exclusion zones, root protection areas, fit for purpose fencing and ground protection, service routes, works access space, material/machinery/waste storage and permanent & temporary hard surfaces.
• Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones.
• Details of the arboricultural supervision schedule. All tree protection methods detailed in the approved Arboricultural Method Statement 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 have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained. Reason: To secure the protection, throughout the time that the development is being carried out, of trees and hedgerows growing within or adjacent to the site which are of amenity value to the area. 17. Tree Protection Plan – monitoring & implementation No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable program of monitoring of all approved tree protection measures has been submitted and approved by the Local Planning Authority. The condition will only be discharged upon completion of the development and once the Local Planning authority has received all arboricultural monitoring reports, as detailed below. The monitoring program shall include the following:
• Confirmation of who shall be the lead arboriculturalist for the development.
• Confirmation of the Site Manager, key personnel, their key responsibilities and contact details.
• Details of induction procedures for all personnel in relation to Arboricultural matters.
• A detailed timetable of events for arboricultural supervision concerning all tree protection measures named in the Tree Protection Plan, including but not restricted to:
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° Prestart meeting with an Ealing Council Tree Officer, ° Initial implementation/installation of the tree protection measures, ° Approved incursions in to construction exclusion zones ° Final removal of the tree protection measures.
• Provision of a report to Ealing Council Planning Department detailing the result of each site visit by the lead arboriculturist with photos attached.
• Procedures for dealing with variations or non-approved incursions into the construction exclusion zones as detailed in the approved Arboricultural Method Statement.
• Post development assessment of the retained and planted trees and any necessary remedial action. The program of Arboricultural monitoring shall be taken in full compliance with the approved details. No variation of the approved monitoring program shall take place without the prior written agreement of the Local Planning Authority. Reason: In order to safeguard trees and other vegetation considered to be worthy of retention in the interests of visual amenity for the area in accordance with policies 1.1 (e) (i) and 1.2 (d) of the adopted Local Development Framework (Core Strategy 2012), policies 7.4 and 7.6 of the London Plan (2016) and policy 7.4 of the Ealing Development Management Development Plan 2013. 18. Tree Planting Prior to the commencement of the landscaping works, a detailed scheme of proposed tree planting shall be submitted for the approval of the Local Planning Authority. The scheme shall include the following comprehensive details of all trees to be planted: • Full planting specification – Tree size, species and the numbers of trees; • Positions of all proposed species; • Comprehensive details of ground/tree pit preparation to include but not restricted to: - Plans showing adequate soil volume provision to allow the tree to grow to maturity, - Engineering solutions to show how the tree will not interfere with structures (e.g. root barriers/deflectors) in the future, • Staking/tying method(s); and • 5-year post planting maintenance schedule with an agreed inspection schedule. All tree-planting shall be carried out in full accordance with the approved scheme in the nearest planting season (1st October to 31st March inclusive) to the completion of the approved development, unless agreed otherwise in writing by the Local Planning Authority. The quality of all approved landscape works shall be in accordance with British Standard 4428:1989 ‘Code of Practice for General Landscape Operations’ or any subsequent revision. All trees included within the approved scheme shall be healthy, well-formed specimens with single leading shoots and shall be of a minimum quality compatible with British Standard 3936:1992 (Part 1) ‘Specifications for Trees & Shrubs’ and British Standard 4043 (where applicable) or any subsequent revisions. Any trees which within a period of 5 years from the completion of all tree planting die, are removed, uprooted are significantly damaged, become diseased or malformed shall be replaced during the nearest planting season (1st October to 31st March inclusive) with
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others of the same size, species and quality as approved, unless the Local Planning Authority gives written consent to any variation. Reason: - To ensure that the works are carried out as approved in the interests of the visual character of the area, in accordance with policies 1.1 (e) (i) and 1.2 (d) of the adopted Local Development Framework (Core Strategy 2012), policies 7.4 and 7.6 of the London Plan (2016) and policy 7.4 of the Ealing Development Management Development Plan 2013. 19. External Lighting The proposed external lighting scheme shall be designed to reduce light spill to nearby residents, and road users and where applicable the recommendations of the following guidance shall be met: • ILP Guidance Notes for the reduction of Obtrusive Lighting 2011. • Institution of Lighting Professionals Technical Report PLG05, Brightness of Illuminated advertisements, 2015. • CIE Technical Report- Guide on the Limitation of the Effects of Obtrusive Light from Outdoor Lighting Installations - CIE 150: 2003. • Statutory Nuisance from Insects and Artificial Light by Department of Environment Food. Guidance on sections 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005, Defra Reason: To provide a safe and secure external environment and to safeguard the amenities of future occupiers of the development and surrounding properties in accordance with policies 3.5 and 7.15 of the London Plan (2016), policies 1.1(h) & (j) & 1.2(f) of the Ealing Development (or Core) Strategy (2012) and with policy 7.3 of the Ealing Development Management Development Plan Document (2013) and Ealing Supplementary Planning Guidance (SPG) Note 8: Safer Ealing. 20. Secured by Design Prior to the commencement of the development, (except for demolition, enabling works and site preparation works) a statement shall be submitted for the approval of the Local Planning Authority to demonstrate how Secured By Design requirements are to be adequately achieved. The development shall be implemented only in accordance with the approved details, which shall be completed prior to the first occupation of the development hereby approved and thereafter permanently retained. Reason: In the interest of the safety of the future occupiers and visitors to the premises, in accordance with policies 3.5, 7.3,7.4-7.6 of the London Plan (2016), policies 1.1 & 1.2 of the Ealing Development (or Core) Strategy 2012, and policy 7.3 of the Ealing Development Management Development Plan Document 2013. 21. Car and Cycle Parking Management Strategy Prior to the first occupation of the development, a Site Wide Car and Cycle Parking Management Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Site Wide Car and Cycle Parking Management Strategy shall include the following details: a) The proposed allocation of and arrangements for the management of: i) Disabled parking bays serving the residential development
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b) Measures for preventing parking in undesignated places within the site c) The provision of Electric Vehicle Charging Points (EVCP) including both active and passive provision for both the residential and retail parking areas in accordance with adopted London Plan guidance; d) The safety and security measures to be incorporated within the development to ensure the safety of car/cycle parking areas e) Details including location, design and appearance of the cycle parking in accordance with London Cycle Design Standards for the internal and external cycle storage/parking areas The car and cycle parking shall be provided and managed in accordance with the approved strategy for the life of the development, or as otherwise agreed in writing by the Local Planning Authority. Reason: To ensure inclusive, safe and adequate parking is provided and retained in conjunction with the development in the interests of the general amenities of the locality, the flow of traffic and conditions of pedestrian and general highway safety within the site and on neighbouring highways, a sustainable development and where appropriate constrain local highway impact in accordance with policies 6.3, 6.9 and 6.13 of the adopted London Plan (2016); policies 1.1(e), 1.1(f) 1.1(g) and 1.1(h) of Ealing’s adopted Development (or Core) Strategy 2012 22. Safety Audit Prior to the first occupation of the development a Safety Audit to investigate and provide details of the internal access road, car parks, service area and on street lay by shall be submitted to and approved in writing by the Local Planning Authority. The proposed recommendations of the Safety Audit including signage, road markings and pedestrian route demarcation set out shall be implemented in accordance with the approved Safety Audit and retained for the life of the development, or as otherwise agreed in writing by the Local Planning Authority. Reason: To ensure inclusive, safe and adequate parking and vehcile and pedestrian routes are provided and retained in conjunction with the development in the interests of the safety of all pedestrians and drivers, in accordance with policies 6.3, 6.9 and 6.13 of the adopted London Plan (2016); policies 1.1(e), 1.1(f) 1.1(g) and 1.1(h) of Ealing’s adopted Development (or Core) Strategy 2012 23. Travel Plan Prior to occupation of the development Travel Plans for: a) Retail and b) Residential 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. As part of the Travel Plan measures, details of an appointed car club vehicle provider and details of the siting of the car club spaces and terms for car club hire will be given. The approved Travel Plans shall then be implemented, monitored and reviewed in accordance with the agreed Travel Plan Targets to the satisfaction of the council. Final detailed Travel Plans for the retail and residential uses shall be submitted to and approved in writing by the Local Planning Authority within 3 months of the completion of the development.
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Car club vehicles shall be provided in accordance with the approved details if such provision is found to be viable. Reason: In the interest of supporting measures that encourage shifts to more sustainable modes of transport, in accordance with policies 6.1 and 6.3 of the adopted London Plan, policies 1.1(f), 1.1(g), 1.1(j), 1.1(k) and 1.2(k) of the adopted Ealing Development Strategy (2012), and Ealing’s SPD on Sustainable Transport, adopted December 2014. 24. Management Strategy Prior to the first occupation of any part of the development an overall management strategy for the site shall be submitted to and approved in writing by the Local Planning Authority. The strategy should include: • Details of the management company responsible for the overall management of the development including contact names and details for relevant personnel • Details of security measures including location of security/concierge office, location and details of CCTV and associated equipment, details of access fob arrangements and management • Details regarding the receipt, management and distribution of post, parcels, supermarket and other deliveries to the residential units • Access Strategy including details of: - Different controlled areas of the development and details of those who will have access to each of the identified zones; - Points of access and how access will be controlled; - Confirmation of disabled access arrangements • Refuse and Recycling Storage and Collection (Operational Waste Management Strategy retail and residential) • Measures and procedures to prevent and deal with antisocial behaviour • Details of maintenance regimes for all publicly accessible areas including all areas of public realm. The site shall be managed in accordance with the approved strategy for the life of the development or as otherwise agreed in writing by the Local Planning Authority Reason: In the interests of the proper maintenance, safety and security of the site and to ensure that the quality of the public realm is appropriately safeguarded and that that access is maintained for disabled people and people with pushchairs, in accordance with policies 3.1, 3.8, 3.16, 7.2, 7.3, 7.5 and 7.8 of the adopted London Plan (2016), policies 1.1(e), (g) and (h),1.2 (d) and (f), and 2.10 of the adopted Ealing Development (and Core) Strategy (2012), policies 6.13 and 7.3 of the adopted Ealing Development Management DPD (2013). 25. Sustainable drainage No development shall commence, (except for demolition, site clearance and preparation works), until a drainage strategy detailing any on/off site drainage works, has been submitted to and approved by the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.
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Reason: The development may lead to sewerage flooding; to ensure that sufficient capacity is made available to cope with the new development and to avoid adverse environmental impact upon the community accordance with policy 5.13 of the adopted London Plan (2016) and policies 1.1(e) and 1.2(m) of the adopted Ealing Development Strategy (2012) and policy 5.12 of the adopted Ealing Development Management DPD (2013). 26. Water Supply (Thames Water) No development shall commence (except for demolition, site clearance and preparation works) until: Impact studies of the existing water supply infrastructure have been submitted to, and approved in writing by, the local planning authority (in consultation with Thames Water). The studies should determine the magnitude of any new additional capacity required in the system and a suitable connection point. Reason: To ensure that the water supply infrastructure has sufficient capacity to cope with the/this additional demand and in order to avoid adverse environmental impact upon the local area, in accordance with Section 11 of the NPPF; policies 5.3, 5.12, 5.13 and 5.14 of the London Plan (2016); policy 1.2(m) of Ealing’s Development (or Core) Strategy (2012), and policy LV5.12 of Ealing’s Development Management DPD (2013). 27. Piling Method Statement No impact piling shall take place until a piling method statement (detailing the type of piling to be undertaken and the methodology by which such piling shall be carried out, including measures to minimise the potential for damage to subsurface water or sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority and the relevant water or sewerage undertaker. Any piling must be undertaken in accordance with the terms of the approved piling method statement unless otherwise agreed by the Local Planning Authority. Reason: The proposed works would be in close proximity to underground water and sewerage utility infrastructure, which needs to be safeguarded in accordance with policies 5.14 and 5.15 of the adopted London Plan (2016). 28. BREEAM Standards The development, including residential and non-residential units proposed within the approved development shall be registered with Building Research Establishment (BRE) under Multi- Residential accommodation, Retail and Shell and Core schemes to achieve BREEAM Rating of Excellent (based on the latest BREEAM Technical guidance) as set out within the BREEAM NC Pre-Assessment report for the whole development Rev 02 (18/12/2017) prepared by QuinnRoss Consultants Ltd.
A) Within 3 months of the completion of each unit of the development, evidence that each unit of the development is registered with Building Research Establishment (BRE) under the most up to date BREEAM Technical Guidance and relevant BREEAM Scheme and Interim BREEAM Assessments and related Certifications verified by the BRE shall be submitted to the Local Planning Authority for written approval.
B) Within 3 months from the date of first occupation of each unit of the development, BREEAM 'Post Construction Stage' Assessments and related Certifications verified by the BRE, should be submitted to the Local Planning Authority for written approval confirming the BREEAM standard and measures have been implemented.
Following any approval of a 'Post Construction Stage' assessments and certificates of the development, the approved measures and technologies to achieve the BREEAM Excellent or higher standard shall be retained in working order for the lifetime of the development.
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Reason: In the interest of addressing climate change and to secure sustainable development in accordance with policies 5.1, 5.2, 5.3, 5.6, 5.7 and 5.9 of the London Plan (2016), policies 1.1(k) and 1.2(f) of Ealing’s Development (Core) Strategy (2012) and policies 5.2 and 7A of Ealing’s Development Management DPD (2013).
29. Ultra-Low gas boilers All boilers accommodated in the plant rooms to serve the energy requirements of the development, should use Ultra low-NOx boilers with maximum NOx Emissions of under 0.030 g/kWh. The development shall be carried out in accordance with the approved details.
Reason: In the interests of the living conditions of the future occupiers of the site in accordance with policies 1.1 and 1.2 of the Ealing Development (Core) Strategy (2012), policies 7A & 7B of the Ealing Development Management Development Plan Document (2013), policy 7.14 of The London Plan (2011), and the National Planning Policy Framework (2012).
30. Water Efficiency A. Prior to occupation of each residential unit within the development, the approved dwellings shall incorporate and maintain water saving measures that will meet water efficiency standards with a maximum water use target of 105 litres of water per person per day.
B. Prior to occupation of the non-residential unit within the development, the approved non-residential unit shall incorporate and maintain water saving measures that will reduce the water consumption as detailed in the approved BREEAM NC Pre-Assessment report for the whole development Rev 02 (18 December 2017) prepared by QuinnRoss Consultants Ltd.
Reason: To ensure the sustainable use of water, in accordance with the approved sustainability statement and policy 5.15 of the London Plan 2016.
31. Overheating for dwellings Prior to the first occupation of each dwelling within the development, the approved residential units shall incorporate and maintain mitigation measures that will assist with reducing the risk of overheating, follow the Cooling Hierarchy and comply with CIBSE TM49 & TM52 criteria as stated in the approved P1371-TM52 Overheating Report Rev 01 (5 December 2017) prepared by QuinnRoss Consultants Ltd.
Reason: To ensure that the dwellings hereby approved are energy efficient and to reduce the risk of overheating in line with policy 5.9 of the London Plan 2016, adopted Ealing’s Development (Core) Strategy 2026 (3rd April 2012) and Development Management DPD (December 2013).
32. Overheating and Cooling for the non-residential units Six months prior to occupation of each non-residential unit, the details of the dynamic thermal modelling, being applied to each non-residential unit proposed using the guidance and criteria provided in CIBSE TM49 & TM52 and demonstrating how these units perform against and even exceed the overheating criteria, shall be submitted to the Local Planning Authority for written approval.
The details of any additional measures to be incorporated into each non-residential unit to minimise the risk of overheating (without active cooling first) shall also be submitted and evidence that these measures can and will be incorporated into the development if the dynamic thermal modelling demonstrates that overheating would occur. Compliance with Criterion 3 of
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the Building Regulations should also be demonstrated. Each non-residential unit shall thereafter be provided in accordance with the approved details.
Reason: To ensure that each non-residential unit within the development hereby approved is energy efficient and to reduce the risk of overheating in line with policy 5.9 of the London Plan 2016, adopted Ealing’s Development (Core) Strategy 2026 (3rd April 2012) and Development Management DPD (December 2013).
33. Energy Strategy for residential A. Six months prior to the practical completion of the development, technical details about the gas fired CHP in line with GLA’s planning guidance for preparing energy assessments, March 2016 and appendix B of Ealing energy statement guidance shall be submitted to the Local Planning Authority for written approval.
B. Within three-months of the first occupation of each residential unit within the approved development, Energy Performance Certificates [EPC’s], detailed modelling output reports showing clearly the DER and TER from the “as built stage” to confirm compliance in terms of savings achieved through energy efficiency measures should be also submitted for written approval by the Local Authority.
C. Within three-months of the practical completion of each residential unit within the approved development evidence that the renewable/low carbon technology(ies) are certified under the Microgeneration Certification Scheme (MSC) and, if appropriate, complies with the Enhanced Capital Allowances (ECS) product criteria should be submitted.
D. Prior to occupation of each residential unit within the development, the approved dwellings shall incorporate, maintain measures to achieve an overall reduction in regulated CO2 emissions of at least 57% (equal to 241 tonnesCO2/yr) beyond Building Regulations Part L 2013 through the following carbon emission savings as detailed in the approved Energy Strategy Rev 06 (06 March 2018) and supplementary information (7 March 2018) prepared by QuinnRoss Consultants Ltd.: i. energy saving measures to achieve at least annual carbon dioxide emission savings of 78 tonnes CO2 equating to 18.44% in regulated carbon dioxide (CO2) emissions over the compliant BR Part L 2013 base case. ii. incorporation of onsite gas fired Combined Heat & Power (CHP) of at least 150 kWe/234kWth capacity with a 54.6% thermal efficiency and 35.1% electrical efficiency, if connection to an offsite heat network is unavailable, to provide space heating and hot water to all dwellings and achieve at least annual carbon dioxide emission savings of 163 tonnes CO2 equating to 47.25% in regulated carbon dioxide (CO2) emissions over the Be Lean case.
E. Measures to reduce the carbon dioxide emissions associated with other energy uses not covered by Building Regulations (un-regulated) should be incorporated and maintained in line with approved Energy Strategy Rev 06 (06 March 2018) and supplementary information (7 March 2018) prepared by QuinnRoss Consultants Ltd.
The development shall be carried out strictly in accordance with the details so approved.
Reason: To ensure that the dwellings within the development hereby approved are energy efficient and to contribute to the avoidance of need for new fossil fuel or other primary energy generation capacity and to reduce emissions of greenhouse gases and to minimise the impact of building emissions on local air quality in the interests of health, in accordance with policies 3.2, 5.3, 5.5, 5.6 and 7.14 of the London Plan 2016, policies 1.1(e), 1.1(j), 1.1(k) and 1.2(f) of
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Ealing’s adopted Development (or Core) Strategy 2012, policies LV5.2 and 7A of Ealing’s Development Management DPD, and the Mayor’s Sustainable Design and Construction SPG.
34. Energy Strategy for non-residential units A) Notwithstanding the information submitted with the application, within 6 months from the commencement of the substructure works of the non-residential units within the development a revised report, which includes full details and drawings of the energy saving measures that are to be incorporated into each non-residential unit of the development to demonstrate that the non-residential units hereby approved will achieve an overall reduction in regulated carbon dioxide emissions by at least 35% over and beyond Building Regulations Part L 2013 shall be submitted to, and approved in writing by the local planning authority. The Energy Strategy should be based on the provision of connection to the communal heating system and details for how this will be facilitated should be demonstrated. B) In demonstrating compliance with this percentage reduction the applicant should consider the use of measures in line with the Energy Hierarchy including the incorporation of on-site renewables. This reduction should be calculated based on carbon dioxide emissions covered by the Building Regulations whilst carbon dioxide emissions associated with other energy uses not covered by Building Regulations (un- regulated) should be also included and measures to reduce them should be demonstrated (but not contributed towards the 35% CO2 target).
C) Within three-months of the first occupation of each non-residential unit in the approved development, Energy Performance Certificates [EPC’s], detailed modelling output reports showing clearly the BER and TER from the “as built stage” to confirm compliance in terms of savings achieved through energy efficiency measures should be also submitted for written approval by the Local Authority.
D) Within three-months of the practical completion of the each non-residential unit, technical information and evidence that the renewable/low carbon technologies are certified under the Microgeneration Certification Scheme (MSC) and, if appropriate, complies with the Enhanced Capital Allowances (ECS) product criteria should be submitted.
The development shall be carried out strictly in accordance with the details so approved.
Reason: To ensure that the non-residential units within the development hereby approved are energy efficient and to contribute to the avoidance of need for new fossil fuel or other primary energy generation capacity and to reduce emissions of greenhouse gases and to minimise the impact of building emissions on local air quality in the interests of health, in accordance with policies 3.2, 5.3, 5.5, 5.6 and 7.14 of the London Plan 2016, policies 1.1(e), 1.1(j), 1.1(k) and 1.2(f) of Ealing’s adopted Development (or Core) Strategy 2012, policies LV5.2 and 7A of Ealing’s Development Management DPD, and the Mayor’s Sustainable Design and Construction SPG.
35. Energy Centre The 140m2 single energy centre, as shown in plan with drawing number (P1371-(C11)-1-003 Rev1), hereby approved shall be installed and operational prior to the first occupation of the development and shall thereafter serve all dwellings within the different blocks and non- residential components within the different blocks designed to connect to the single energy centre within the development.
Reason: In the interest of securing the centralised energy centre for the site and its sustainable connection of the development in accordance with policies 5.2 Minimise Carbon dioxide Emissions, 5.3 Sustainable Design and Construction, 5.6 Decentralised Energy: Heating,
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Cooling and Power, 5.7 Renewable Energy and 5.9 Overheating and Cooling of the London Plan 2015, adopted Ealing’s Development (Core) Strategy 2026 (April 2012).
37. Energy Centre / temporary plant rooms – district heating Prior to the first occupation of the development, including residential and non-residential components, the following details should be submitted to the Local Planning Authority for written approval:
a) Evidence of investigation of ways of heat imported to the site and briefings of discussions with neighbouring developers details of the plant room(s), including their size, layout and location, size of boilers and details of the flue; b) details of the pipe network (including the size and route, flow and return temperatures, total length of the heat network in metres (flow and return) distribution and transmission, diagram route, total plant heating capacity, total heat generated, total heat supplied to premises) for the connection of all domestic and non-domestic elements into the onsite district heating network. c) details of schematic of the site wide heat network showing all apartments and non- residential units connected into it. d) details of the floor plan showing the layout of the plant in the energy centre and how it is designed to facilitate connection to an offsite heat network. e) details of the HIU including specifications, type and efficiency f) consideration and demonstration of the installation of a point of external connection within the energy centre g) details showing how the non-residential units will be designed with appropriate connections to allow space heating to be provided by the onsite district heating network. h) The CHP units (if available) accommodated in the on-site energy centre, to serve the energy requirements of the development should use Ultra low-NOx boilers with maximum NOx Emissions that are compliant with the NOx (g/m²) benchmarks as set out at Appendix 5 of the Mayor’s Sustainable Design and Construction SPG. i) details to demonstrate that the district heating network shall be designed in accordance with Heat Networks: Code of Practice for the UK.
The development shall be carried out in accordance with the approved details.
Reason: To ensure that the development energy plant room that the proposed development is designed in a manner which allows for the future connection to an offsite district heat network, and to ensure that the development contributes to reducing the use of fossil fuel or other primary energy generation capacity, and to reduce emissions of greenhouse gases in accordance with policies 5.3, 5.5 and 5.6 of the London Plan 2016, policies 1.1(k) and 1.2(f) of Ealing’s adopted Development (or Core) Strategy 2012, policy LV5.2 of Ealing’s Development Management DPD, and the Mayor’s Sustainable Design and Construction SPG.
Informatives:
1. The decision to grant planning permission has been taken in accordance with the statutory duty under section 38(6) Planning and Compulsory Purchase Act 2004 that the application must be determined in accordance with the development plan unless material considerations indicate otherwise; and in accordance with the statutory duty under section 70(2) Town and Country Planning Act 1990 (as amended) to have regard to the provisions of the development plan, so far as material, any local finance considerations so far as material, and to all other material considerations. The decision to grant planning permission has been taken having regard to the formal comments received by the Greater London Authority and other representations received; and after considering the National Planning Policy Framework, the policies and proposals in the
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London Plan (2016 consolidated with alterations), the Ealing Development (or Core) Strategy (2012), the Ealing Development Management Development Plan Document (2012), the Ealing Development Sites Development Plan Document (2013), and all relevant material considerations including Supplementary Planning Documents/Guidance, and the following:
National Planning Policy Framework (2012)
1. Building a Strong, Competitive Economy; 4. Promoting Sustainable Transport; 6. Delivering a wide choice of high quality homes; 7. Requiring Good Design; 8. Promoting Healthy Communities; 10. Meeting the Challenge of Climate Change, Flooding and Coastal Change; 11. Conserving and Enhancing the Natural Environment; 12. Conserving and Enhancing the Historic Environment Plan-Making Decision-Taking Annex 1: Implementation
London Plan 2011 (consolidated with alterations in 2013, 2015 and 2016)
London’s Places 2.6 Outer London: Vision and Strategy 2.7 Outer London: Outer London: Economy 2.8 Outer London: Transport
London’s People 3.1 Ensuring Equal Life Chances for All 3.2 Improving Health and Addressing Health Inequalities 3.3 Increasing Housing supply 3.4 Optimising Housing Potential 3.5 Quality and design of housing developments 3.6 Children and Young People’s Play and Informal Recreation Facilities 3.7 Large residential Developments 3.8 Housing Choice 3.9 Mixed and Balanced Communities 3.10 Definition of Affordable Housing 3.11 Affordable Housing Targets 3.12 Negotiating Affordable Housing on Individual Private Residential and Mixed Use Schemes 3.13 Affordable Housing Thresholds 3.15 Co-Ordination of Housing Development and Investment 3.18 Education Facilities London’s Economy 4.1 Developing London’s Economy 4.3 Mixed Use Development and Offices 4.6 Support for and Enhancement of Arts, Culture, Sport and Entertainment 4.12 Improving Opportunities For All
London’s Response to Climate Change 5.1 Climate Change Mitigation 5.2 Minimising Carbon Dioxide Emissions 5.3 Sustainable Design and Construction 5.4A Electricity and Gas Supply 5.5 Decentralised Energy Networks
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5.6 Decentralised Energy in Development Proposals 5.7 Renewable Energy 5.8 Innovative Energy Technologies 5.9 Overheating and Cooling 5.10 Urban Greening 5.11 Green Roofs and Development Site Environs 5.12 Flood Risk Management 5.13 Sustainable Drainage 5.14 Water Quality and Wastewater Infrastructure 5.15 Water Use and Supplies 5.16 Waste Net Self Sufficiency 5.18 Construction, Excavation and Demolition Waste 5.21 Contaminated Land 5.22 Hazardous Substances and Installations
London’s Transport 6.1 Strategic Approach 6.2 Providing Public Transport Capacity for Safeguarding Land for Transport 6.3 Assessing Effects of Development on Transport Capacity 6.5 Funding Crossrail and other Strategically Important Transport Infrastructure 6.7 Better Streets and Surface Transport 6.9 Cycling 6.10 Walking 6.11 Smoothing Traffic Flow and Tackling Congestion 6.12 Road Network Capacity 6.13 Parking
London’s Living Places and Spaces 7.1 Lifetime Neighbourhoods 7.2 An Inclusive Environment 7.3 Designing Out Crime 7.4 Local Character 7.5 Public Realm 7.6 Architecture 7.7 Location and Design of Tall and Large Buildings 7.8 Heritage Assets and Archaeology 7.13 Safety, Security and Resilience to Emergency 7.14 Improving Air Quality 7.15 Reducing and managing Noise, Improving and Enhancing the acoustic environment and promoting appropriate Soundscapes 7.18 Protecting Open Space and Addressing Deficiency 7.19 Biodiversity and Access to Nature 7.21 Trees and Woodlands 7.24 Blue Ribbon Network 7.25 Increasing the Use of the Blue Ribbon Network for passengers and tourism
Implementation Monitoring and Review 8.1 Implementation 8.2 Planning Obligations 8.3 Community Infrastructure Levy
Mayor of London New Draft London Plan (First draft November 2017) The New London Plan has been the subject of public consultation that ended on the 2 nd March 2018. This was the first draft of the Plan that will replace the current 2016 consolidated plan. The 2016 plan remains the adopted development Plan and will do so until the new plan is adopted which is expected to be in the Autumn of 2019. The new plan will gain more weight as
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it goes through the process through to adoption however at this time it is still at an early stage in that process. Nevertheless, the following emerging policies have been reviewed in respect of these proposals:
Policy D2 Delivering good design Policy D4 Housing quality and standards Policy D5 Accessible Housing Policy D6 Optimising housing density Policy D12 Agent of change Policy S4 Play and informal recreation Policy T9 Funding transport infrastructure through planning
Mayor of London Supplementary Planning Guidance Affordable Housing & Viability SPG (August 2017) Crossrail Funding (March 2016) Housing (March 2016) Social Infrastructure (May 2015) Accessible London: Achieving and Including Environment (October 2014) The control of dust and emissions during construction and demolition (July 2014) Sustainable Design and Construction (April 2014) Use of planning obligations in the funding of Crossrail, and the Mayoral CIL (April 2013) Land for Industry and Transport (September 2012) Play and Informal Recreation (September 2012) Affordable Housing & Viability SPG (November 2016)
Ealing’s Development (Core) Strategy 2012
Chapter 1 - Vision for Ealing 2026 1.1 Spatial Vision for Ealing (a), (b), (c), (e), (f), (g), (h), (i), (j), (k) 1.2 Delivery of the Vision for Ealing 2026 (a), (b), (d), (e), (f), (g), (h), (i), (k), (m)
Chapter 3 - Development in the A40 Corridor & Park Royal 3.1 Realising the Potential of the A40 Corridor & Park Royal (a), (b), (d), (e)
Chapter 5 – Protecting and enhancing Ealing’s Green and Open Spaces 5.5 Promoting Parks, Local Green Space and Addressing Deficiency (b)
Chapter 6 – Ensuring Sustainable Delivery 6.1 Physical Infrastructure 6.2 Social Infrastructure 6.3 Green Infrastructure 6.4 Planning Obligations and Legal Agreements
Ealing’s Development Management Development Plan Document 2013
Ealing Local Variation to London Plan Policy 2.18 Green Infrastructure: The Network of Open and Green Spaces Ealing Local Variation to London Plan Policy 3.4 Optimising Housing Potential Ealing Local Variation to London Plan Policy 3.5 Quality and Design of Housing Developments Ealing Local Policy - 3A Affordable Housing Ealing Local Variation to London Plan Policy 5.2 Minimising Carbon Dioxide Emissions Ealing Local Variation to London Plan Policy 5.10 Urban Greening Ealing Local Variation to London Plan Policy 5.11 Green Roofs and Development Site Environs Ealing Local Variation to London Plan Policy 5.12 Flood Risk Management Ealing Local Variation to London Plan Policy 5.21 Contaminated Land Ealing Local Variation to London Plan Policy 6.13 Parking
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Ealing Local Policy 7A Amenity Ealing Local Variation to London Plan Policy 7.3 Designing Out Crime Ealing Local Variation to London Plan Policy 7.4 Local Character Ealing Local Policy 7B Design Amenity Ealing Local Variation to London Plan Policy 7.7 Location and Design of Tall and Large Buildings Ealing Local Policy - 7C Heritage Ealing Local Policy - 7D Open Space EA Ealing Local Policy Presumption in Favour of Sustainable Development
Development Sites Development Plan Document 2013
Ealing Informal Planning Documents/Guidance
SPG 3: Air Quality SPG 4: Refuse and Recycling SPG 9: Trees and Development Guidelines SPD 9: Legal Agreements, Planning Obligations and Planning Gain
In reaching this decision, specific consideration was given to the impact of the proposed development on the amenities of neighbouring residential properties and the character and appearance of the area. The principle of the proposed uses on this brownfield site located in a neighbourhood centre location and the appropriateness of the development in terms of its form, scale, layout and appearance and contribution that it makes to placemaking and the quality of the proposed residential environment and the amenity of future residents. The level of affordable housing is supported. Access, traffic, parking and servicing implications have all been assessed and found to be acceptable as has the provision in terms of both quantum and quality of hard and soft landscaping and public and private amenity spaces.
It was considered that subject to appropriate safeguarding conditions, given the nature of the proposed development and having considered all objections and comments received from stakeholders and interested parties to date, that on balance the proposals would accord with the relevant planning policies and guidance. It is therefore considered that planning permission should be granted in this case. It is not considered that there are any other material considerations, which would warrant a refusal of the application.
2. This development is the subject of an Agreement under Section 106 of the Town and Country Planning Act (as amended).
3. To assist applicants in a positive manner, the Local Planning Authority has produced policies and written guidance, and offers and encourages a comprehensive pre-application advice service, all of which is available on the Council's website and outlined in a 24 hours automated telephone system. The scheme complied with policy and guidance. The Local Planning Authority delivered the decision proactively in accordance with requirements of the National Planning Policy Framework.
4. The applicant is reminded that they would be required to enter into a Section 38 / 278 Agreement with the Local Highways Authority in relation to any proposed alterations to the public highway.
5. A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 02035779483 or by
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emailing [email protected]. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality
6. Given the nature of the proposed development it is possible that a crane may be required during its construction. The applicant’s attention is drawn to the requirement within the British Standard Code of Practice for the safe use of Cranes, for crane operators to consult the aerodrome/airport before erecting a crane in close proximity to an aerodrome/airport. This is explained further in Advice Note 4, ‘Cranes and Other Construction Issues’ (available at http://www.aoa.org.uk/policy-campaigns/operations-safety/
7. Permitted hours for building work - Construction and demolition works and associated activities at the development including deliveries, collections and staff arrivals audible beyond the boundary of the site should not be carried out other than between the hours of 0800 - 1800hrs Mondays to Fridays and 0800 - 1300hrs on Saturdays and at no other times, including Sundays and Public/Bank Holidays, unless otherwise agreed with the Environmental Health Officer.
8. Notification to neighbours of demolition/building works - At least 21 days prior to the commencement of any site works, all occupiers surrounding the site should be notified in writing of the nature and duration of works to be undertaken. The name and contact details of persons responsible for the site works should be signposted at the site and made available for enquiries and complaints for the entire duration of the works and updates of work should be provided regularly. Any complaints should be properly addressed as quickly as possible.
9. Dust - Best Practicable Means (BPM) should be used in controlling dust emissions, in accordance with the Supplementary Planning Guidance by the GLA (2014) for The Control of Dust and Emissions during Construction and Demolition.
10. Dark smoke and nuisance - No waste materials should be burnt on site of the development hereby approved.
11. Noise and Vibration from demolition, construction, piling, concrete crushing, drilling, excavating, etc. - Best Practicable Means (BPM) should be used during construction and demolition works, including low vibration methods and silenced equipment and machinery, control and monitoring measures of noise, vibration, delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary, in accordance with the Approved Codes of Practice of BS 5228-1:2009+A1:2014 Code of practice for noise and vibration control on construction and open sites. Noise and BS 5228- 2:2009+A1:2014 Code of practice for noise and vibration control on construction and open sites.
12. BPM & mitigation measures can be found in the following guidance: o 'Guidance on the Assessment of dust from demolition and construction', IAQM, (February, 2014). o ‘The Control of Dust and Emissions during Construction and Demolition’, SPG, GLA (July, 2014). o BS 5228-1:2009 – Code of practice for noise & vibration control on construction & open sites, Part 1: Noise.
13. Prior to commencement of construction and demolition works, involving materials containing asbestos, details of mitigation measures to control the release of asbestos fibres shall be submitted to this section for approval. The Health and Safety Executive shall be consulted with regard to the safe handling and disposal of asbestos during the demolition phase. Telephone: (020) 8825 6666.
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14. All Non-Road Mobile Machinery should meet the Stage IIIB emission criteria of Directive 97/68/EC unless it can be demonstrated that Stage IIIB equipment is not available. If Stage IIIB equipment is not available the NRMM should be fitted with particle traps and/or catalytic exhaust treatment wherever possible. An inventory of all NRMM should 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.
15. Fire Statement - Prior to commencement of the superstructure of the development a fire statement, produced by a third party suitably qualified assessor, should be submitted to and agreed with the London Fire Brigade.
16. Due to the presence of Cadent and/or National Grid apparatus in proximity to the application site, the contractor should contact Plant Protection ([email protected] or tel. 0800 688588) before any works are carried out to ensure the apparatus is not affected by any of the proposed works.
Site Description:
The Site is located in East Acton and occupies a prominent corner position at the junction of Old Oak Common Lane and the A40 (Western Avenue). The Sites boundaries are formed by the A40 to the north, Old Oak Common Lane to the east, East Acton Lane to the south and residential properties to the west. The site is located on the eastern edge of the borough, the opposite side of Old Oak Common Lane marking the boundary with the London Borough of Hammersmith and Fulham.
The application site extends to 0.96ha and currently contains a warehouse style retail store occupied by Argos and Homebase (Use class A1). The existing part single but predominantly two storey building is located centrally within the site towards the northern boundary. The existing building is of no architectural merit, comprises 3,655sq.m of floor space and currently accommodates 40 existing jobs. To the south and east of the building surface car parking extends across the site up to a landscaped buffer which separates it from the boundaries of the site. The site currently contains 115 surface car parking spaces which are accessed from a single point of entry and exit onto East Acton Lane. To the west of the building is a service yard accessed directly from the A40/Western Avenue.
The northern boundary of the site is formed by the A40/Western Avenue, the eastern and southern boundaries are formed by a landscaped buffer which contains a number of trees covered by a preservation order with a low wall beyond, the western boundary shared with the neighbouring residential properties is formed by an existing 2m high brick wall.
The site is located within and surrounded by controlled parking zones with parking spaces restricted for permit holders only from Monday to Saturday 09:00-19:00.
The surrounding area is characterised by a mix of uses, comprising residential, retail and religious buildings and a mix of building styles, types and heights. Properties to the north and east of the Site are typically 3 storeys in height and mainly comprise retail at the ground floor, with residential above. The wider context primarily consists of residential uses, with a mixture of two storey semi-detached properties, low rise apartment blocks to the west along the A40 and some high rise residential to the south of the site, including the 12 storey Burghley Tower.
To the east is the ‘Savoy Circus’ Development, a 7-storey student accommodation block currently under construction. This site lies within the London Borough of Hammersmith and Fulham.
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The site has good access to public transport, being afforded a PTAL of 6a with some variance across the site, this is an excellent level of accessibility to public transport. East Acton Tube Station (Central Line) located 500m north of the Site and a number of local bus routes stopping directly on the north and eastern boundaries of the Site, providing services to Shepherds Bush, Southall, Oxford Circus and Golders Green .
The Site is located within the East Acton Neighbourhood Centre and the north east corner of the Site fronting the A40 and Old Oak Common Lane is defined as a Primary Retail Frontage. The northern frontage of the Site is located within the East Acton Green Corridor Area and the eastern and southern boundaries of the Site contains a number of TPOs. The Site is located within Flood Zone 1 and an Air Quality Management Area.
The site does not contain and is not located adjacent to any listed buildings the nearest listed building to the site being St Dunstan’s Church (Garde II listed) located approximately 500m to the west of the Site. The Site is not located within a conservation area, the nearest conservation area is on the opposite side of Old Oak Common Lane to the east located within the boundary of the Borough of Hammersmith and Fulham and known as Old Oak and Wormholt Conservation Area.
The Proposal:
The planning application is a detailed proposal and therefore all matters are being determined at this stage. The application is submitted with full detailed plans and elevations and an accompanying Design and Access Statement prepared by the architects also supports the application. In addition, the proposals are supported by a number of reports and assessments dealing with detailed aspect of the proposed development such as highways, noise, air quality etc.
The description of development is as follows:
‘Redevelopment of the site to provide a mixed use residential-led development comprising of 333 residential units (use class C3), 2,086sqm retail food store (use class A1), 67sqm of flexible space (use class A1/A3/D1), energy centre and sub-station, with building heights between 3 and 16 storeys; with associated car and cycle parking; hard and soft landscaping; private and communal amenity spaces’.
The proposals will involve the clearance of the site and its replacement with a mixed use residential led re-development. The proposals comprise of a retail food store located at ground floor level towards the north east of the site addressing the junction of the A40 and Old Oak Common Lane with retail frontage extending to both the west along A40/Western Avenue and south along Old Oak Common Lane.
To the south of the retail store is an undercroft car park with 70 parking spaces. In the south east corner with a frontage onto Old Oak Common Lane is a small commercial unit of 67sq.m and the main concierge and core serving the residential properties above. A second residential core is located on the southern boundary fronting East Acton Lane. To the west of the retail store is the energy centre and a further residential core accessed from the northern boundary with the A40/Westetrn Avenue beyond this core to the west between the proposed building and the neighbouring Geldun Court is a small pocket park. To the south of the pocket park in the south western corner behind existing residential property fronting East Acton Lane is a parking area comprising 17 spaces for disabled drivers serving the residential accommodation.
Both parking areas in addition to a servicing area for the retail store are accessed from a single entry and exit point accessed from East Acton Lane and adjacent to the western boundary of the site.
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Above the ground floor uses described in the previous paragraphs a two-storey podium deck, supports four main interlocking development blocks that would contain residential units that come to ground floor via the residential cores referred to above. The tallest building (16 storeys) faces Savoy Circus in the north-east of the site, with building heights then stepping down towards the south-west and East Acton Lane (3 storeys). Three taller blocks each front the A40 and step up from 7 storeys in the west, 11 storeys located centrally and 16 storeys in the north east corner. The podium deck itself provides access to the various interlocking blocks and provides a large landscaped amenity area with play spaces for residents.
All buildings are set back from the Site boundaries. Generous landscaped buffers are proposed to the Western Avenue frontage and East Acton Lane. At ground level the elevations to the retails store comprise full height glazed windows where it addresses Savoy Circus and continues along the elevations. Further along the A40/Western Avenue elevation between the glazed areas, a green wall sits in front of textured “hit and miss” brickwork. Glazed windows to the energy centre allows views in from the street adding further visual interest. The full height glazed windows also run along Old Oak Common Lane to the main entrance to the retail store which is set back from the street.
Above the ground floor the elevations comprise buff coloured brick work, with grey coloured metal spandrel panels and window frames. Dark grey coloured brickwork is proposed between vertically aligned groups of windows. Other groups of windows feature stone coloured window surrounds and cills. Balconies are either recessed with a glazed balustrade or cantilevered with the balustrade formed of a rust coloured perforated treatment.
Uses - Retail At ground floor the proposed development comprises a large A1 food retail store of 2086sq.m (GIA).
In addition a community café/flexible space of 67sq.m (GIA) is proposed fronting Old Oak Common Lane. This space is proposed to have flexible A1/A2 and D1 uses classes.
Uses - Residential 333 residential units are proposed, the table below set out the proposed mix and tenure of different sized units
Unit Type Tenure Total 1 bed Market 106 2 bed Market 96 3 bed Market 17 Total 219 1 bed Affordable 49 2 bed Affordable 49 3 bed Affordable 16 Total 114 TOTAL 333
It is proposed that 35% (114 units) of the residential units will be delivered as affordable housing (based on a habitable room calculation). In respect of tenure it is proposed that 30% of the units would be a rented tenure with 70% intermediate tenure.
All Affordable Rent units will be at London Affordable Rent - no more than 80% of the local market rent (exclusive of service charges). All intermediate units will be Shared Ownership, with incomes as per the London Plan .
All none affordable units will comprise market sales.
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Amenity, Landscape and Play space The ground floor landscape design includes a series of soft boundary treatments including a bold soft landscape treatment along the A40 frontage, a planted frontage to East Acton Lane, and a landscaoed pocket park between the proposed building and Glendun Court. The Proposed Development also includes , a small public realm arrival space to the retail food store.
The Proposed Development will result in the loss of 36 existing trees and 2 tree groups within the Site, including the 16 trees and 1 group subject to the TPO. These lost trees are to be replaced with a total of 69 new trees across the development including 41 new trees at ground level and 28 trees at the podium level.
In respect of play space, the Proposed Development provides areas of play within the ground floor pocket park and the second-floor podium courtyard garden. A total of 519sqm is provided. The podium level courtyard provides 1,537sqm of communal amenity space for residents. In addition, the pocket park at ground floor level provides a further 389sqm of communal amenity area.
Access/Servicing The Site access is proposed from East Acton Lane as per the existing situation although moved adjacent to the western boundary. This access serves parking areas for both the retail and residential uses and also provides access to a service yard. Manoeuvring and turning space is provided to enable all vehicles expected to access the site to turn within the site. Two existing vehicular accesses onto the A40 and East Acton Lane would be removed, and footway reinstated.
Pedestrian access to the retail food store would be from a recessed courtyard on Old Oak Common Lane in the centre of the elevation. The main access to the residential units would be from a ground floor concierge (where a lift would take residents to podium level) at the southern end of Old Oak Common Lane, with individual building cores and entrances also provided along East Acton Lane and along the A40 at the western end of the Site. Direct access from the blue badge parking bays servicing the residential component is also proposed.
Parking Parking would be provided at grade, predominantly within an undercroft. The residential component of the Development is car free apart from the provision of 17 blue badge parking spaces (a 5% provision). 70 spaces would be provided for the retail component of the Proposed Development (this would include blue badge parking bays and parent and child spaces).
The Proposed Development would provide 589 long stay cycle parking spaces for the residential element. These are to be located on the first floor of the residential building, adjacent to the lifts and stairwells. A further 12 cycle spaces are to be provided for visitors of the residential units.
For the retail food store use, a total of 36 cycle parking spaces are to be provided, of which 12 are to be long stay, for staff employed at the commercial/retail unit and 24 short-stay for the unit’s customers.
Consultation:
Neighbour Notification: The application has been advertised as a major planning application affecting an area of wider interest. A total of 21 site notices have been displayed in the local area on roads and buildings including:
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Du Cane Road St Andrews Road Bromyard Avenue Long Drive Old Oak Common Lane (x 5) Foster Road Hilary Road East Acton Lane (x 3) Carlisle Avenue Junction of A40 and Old Glengun Road Bowes Road Oak Common Lane (x 4) A40 Western Way (x 2)
Site notices were displayed on the above streets from 9th January 2018 (expired on 30 th January 2018, a press notice was published on 12 th January 2018 (expired on 2nd February 2018).
Two written representations have been received as a result of the site and press notices raising the following concerns: - Very high levels of pollution make the site unsuitable to build accommodation for families and children - 16 storey block is out of keeping with the area - Fire safety concerns associated with tower blocks - Development should take into consideration the infrastructure requirements (schools, doctors, dentists) - Unacceptable noise and dust pollution as a result of building works - Increased traffic congestion during construction from movements of construction vehciles and equipment - Increased population will lead to increased traffic and congestion on surrounding roads - Increased number of cars will lead to increased air pollution - Increased pressure on GP and other NHS services, which are already over subscribed - Increased pressure on schools in the area
The concerns raised here are dealt with in the main body of the report. However with specific respect to the concerns raised with regard to the impact of the development on local resources such as schools, doctors etc it should be noted that the proposals are accompanied by a package of S106 measures resulting in a total financial contribution of £2.4m to contribute towards the delivery of education, healthcare, training and highways/pedestrian safety to mitigate the additional impact resulting from the increased population generated by the proposed development.
External Consultation letters were sent to: East Acton and Acton Central Ward Councilors Ealing Civic Society
East Acton Golf Links Residents Association Transport for London
Thames Water Utilities Ltd London Borough of Hammersmith & Fulham
Greater London Authority (Cadent) National Grid Plant Protection
NHS Property Services Metropolitan Police Designing Out Crime
London Fire & Emergency Planning Authority
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The following representations have been received:
Written representation Case Officers response
Thames Water:
No written response received. Relevant planning conditions and informatives covering waste, impact Case Officer confirmed over the phone assessment, piling and drainage strategy requirement for standard conditions to be added to any decision notice.
(Cadent) National Grid Plant Protection
Confirmed that there is plant within the Informative proposed to remind the vicinity of the proposed development and the applicant of their responsibilities developer must contact cadent prior to any works being carried
London Borough of Hammersmith & Fulham
LBHF raise an objection to the proposal citing LBHF raise concern regarding the height the following reason: and massing with particular reference to the impact on the Old Oak and Wormholt The excessive height and massing of the Conservation Area. proposals, in particular the 16 storey tower element, would be detrimental to visual This matter it dealt with in detail in the amenity in views from within LBHF and section titled Heritage on page 44 of this harmful to the setting of the Old Oak and report. Wormholt Conservation Area within LBHF. The proposal is therefore considered to be unacceptable and conflict with policy BE1 of the LBHF Core Strategy 2011 and policies DM G1 and DM G7 of the LBHF Development Management Local Plan 2013.
NHS Property Services
Confirmation that the HUDU model has been Clause within the S106 recommended run and a request for £647,543 towards requiring financial contributions as set out healthcare facilities in the area is required.
Transport for London:
Supports the general principle of the Further discussion has taken place development proposals on transport grounds between the applicants Transport but raises a number of detailed points and Consultant, LBE Highways Officer and concerns as summarised below: TFL.
Savoy Circus junction improvement scheme The applicant has prepared additional – TFL together with the applicant and LBE information to address TFL’s comments have been in discussions regarding the and an addendum to the Transport delivery of this scheme. The scheme Assessment has been submitted. developed and agreed between TFL and the applicant in addition to the proposed CS10 The applicant has committed to the land proposals requires land owned by the transfer to facilitate the junction applicant. TFL requests that the land transfer improvements and delivery of CS10.
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is reflected in the S106. Appropriate clauses are to be included in the S106. Parking – TFL notes the under provision for disabled parking as set out in London Plan Disabled parking exceeds the minimum of policy. 3% required by draft London Plan.
TFL request that details of a car club The applicant has confirmed commitment space/operator are agreed with the Council. to provide a car club space in partnership with Zipcar TFL consider the proposed parking for the retail store to be excessive and requires A parking accumulation study has been additional justification. provided to justify the level of parking proposed. It demonstrates that 70 spaces are suitable for a store of this size and that parking restrictions in the local area will ensure overflow parking does not adversely impact on surrounding streets Electric vehicle charging points should be secured by a planning condition. TFL request EVCP are proposed in accordance with compliance with draft London Plan policy. adopted London Plan policy with consideration given to additional provision in line with emerging draft policy. This is secured via a planning condition for a Parking Management Plan.
Cycle parking, TFL requests compliance with The cycle parking provision for the draft London Plan cycle parking requirements development is to be increased in line with the draft London Plan guidance, providing 589 long stay parking spaces and 12 short stay parking spaces for the residential development. For the retail development, there will be a provision of 12 long stay parking spaces and 24 short stay parking spaces
Further evidence has been submitted Impact public transport – TFL request that the demonstrating that the additional bus trips additional impact of demand on bus stop K expected at the Old Oak Common Lane on Old Oak Lane be considered. bus stop (Bus Stop K) will not result in a significant impact.
Based on the additional analysis Impact highway network – TFL notes the submitted, it can be considered that the development would give rise to increased site is not expected to have a significant demand on the pedestrian crossing over the impact on the local highway network A40 particularly leading to East Acton LU. during the Saturday or week day peak TFL goes onto note that the delivery, funding traffic periods. and coordination of a comprehensive package of highway improvement works to mitigate the development impact will need to be agreed between the applicant, Council and TfL.
Pedestrians/cycle network – TFL highlights that the proposed development will Noted significantly increase pedestrian crossing demand across the A40 and therefore
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requests that this development makes a financial contribution, in addition to land transfer, to bring forward delivery of the junction improvement scheme
A Construction Logistics Plan taking account of CS10 is requested. Condition proposed
Ealing Civic Society
Ealing Civic Society has no objection to the Ealing Civic Society’s comments are redevelopment of this site in principle but noted and dealt within the main body of consider that the proposed north east corner the report block is overbearing and over high compared with the recently approved redevelopment of the former Savoy Cinema site across the road to the east (in Hammersmith & Fulham ref: 2016/02387/FUL). ECS consider that the height of the proposed north east corner block should be reduced to be comparable to the approved development on the former Savoy Cinema site. In addition, the elevational treatment of the frontages on Old Oak Road and Western Avenue (the north and east elevations) is unresolved and needs much more attention to produce an appropriate design for this corner.
Secure by Design Officer
Detailed comments with regard to the A planning condition ensuring compliance proposals and the nature and specification of with the intentions of Secure by Design is various parts of the design to ensure they are proposed. highly resistant to crime and anti-social behaviour have been given and passed onto the architects for inclusion in the detailed design stage. The applicant has revised the proposals to include security gates to the undercroft Specific concerns included the security of the parking to prevent access when the store undercroft parking is not in use.
Greater London Authority:
The GLA’s Stage 1 report is very supportive of the development with very minor issues raised that are proposed to be picked up via appropriate planning conditions or clauses within the S.106. A summary of the comments and responses are given below:
Land use principle : Residential-led mixed The support for the proposed land uses use redevelopment of the site within the town are welcomed. centre is strongly supported in line with London Plan and draft London Plan policy.
Affordable housing : 35.2% by habitable The GLA’s support for the proposed level rooms, with a tenure split of 30% affordable of affordable housing is noted the S106 rent and 70% shared ownership, which seeks to secure the affordable housing as
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accords with draft London Plan Policies H6 set out and secure an early stage review and H7 and the Mayor’s Affordable Housing mechanism should the development not and Viability SPG. The affordable rented have commenced within 2 years. units will be provided at London Affordable Rent levels and eligibility for the shared ownership units will be determined in line with the guidance set out in the draft London Plan and London Plan. An early stage review must also be secured in accordance with Policy H6 of the draft London Plan and the Mayor’s Affordable Housing and Viability SPG
Climate change: The carbon emissions and Further details have been received savings for each stage of the energy following the issuing of the Stage 1 hierarchy for the domestic and non-domestic confirming full compliance. Additional elements must be submitted before details are secured via relevant planning compliance with draft London Plan Policy SI2 conditions. and Policy 5.2 of the London Plan can be verified.
Urban and inclusive design : The proposal The GLA’s support to the proposals in would deliver good design and residential respect of the residential quality and the standards generally, and given this and the layout, form and scale is welcomed by highly accessible location, the density is officers and reflects the comprehensive acceptable in principle. The proposal ensures pre-application discussions that took development is optimised on this currently place which has resulted in proposals of underutilised town centre site. the highest quality.
The GLA confirm that the proposed Planning condition are proposed to residential quality is high with all units having ensure the high levels of design are private amenity space and meeting minimum carried through to the detailed design space standards. stage and implementation as advised by the GLA Form and massing - the height and massing arrangement is supported and successfully optimises development capacity of the site with due regard to ensuring good levels of daylight/sunlight penetration to residential amenity spaces, as well as supporting high residential quality. The tallest element marks the prominent junction at the north-east corner of the site and the scheme drops in
scale to address the low-rise character to the south and west of the site.
Heritage - GLA officers consider that the GLA’s comments with regard to the proposed buildings do not harm the settings impact on the heritage assets are noted. of this conservation area. The proposal therefore accords with London Plan Policy
7.8 and Policy HC1 of the draft London Plan. See response to TFL queries above Transport - Further discussion with GLA, TfL and the Council in relation to retail car parking, Blue Badge parking and the relocation of the bus stop is required. Cycle parking must be revised to comply with draft
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London Plan standards and EVCPs provided in line with the draft London Plan; and a final construction logistics plan, travel plan and delivery and servicing plan must be secured. A financial contribution towards the junction improvement scheme must also be provided together with the required land
Internal Consultees:
Transport LBE Officer have been in dialogue with the applicants Transport Services Consultant and Officers at TFL. Minor concerns with regard to various matters have been adequately addressed by the applicant transport
consultant and LBE Officer are able to confirm they support the proposals. Section 106 contributions are required to improve pedestrian and cycle accessibility, car club space provision and membership to the development which should include travel plan monitoring. Conditions are also requested to include a Parking Management Plan, Safety Audit, ev charging points, details of the cycle parking, Travel Plans, Delivery and Service Management Plan Highway improvements including relocation of existing pedestrian crossing, lay by on East Acton Lane, bus relocation are to be carried out via S278/S38 agreements with LBE and TFL.
Environmental No objections to the proposal subject to the imposition of a relevant Services planning condition to cover a waste management strategy. (Refuse Team)
Regulatory No objections subject to the securing of appropriately worded safe Services (Air guarding conditions to ensure adequate ventilation is achieved. Quality) S.106 contribution towards air quality management area requested.
Regulatory Conditions recommended to secure further intrusive investigation and Services remediation if required in accordance with recommendation set out in (Contaminated the applicant Phase 1 Assessment Land) Regulatory No objections raised subject to securing appropriately worded Services conditions to secure: (Noise/Odour - A Construction Environmental Management Plan and CEMP) - To secure appropriate ventilation for residential properties - To secure appropriate levels of noise and vibration from fixed plant and equipment and mitigation measures where required - Appropriate sound insulation between commercial and residential uses
Tree Officer No objection to the principle of development the tree Officer made various recommendations with regard to the nature of the proposed tree planting to ensure the best outcome for the site.
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A financial contribution of £59k was sought and conditions recommend seeks further details of the landscaping and planting details for the trees and future maintenance.
The applicant submitted revised proposals accommodating some of the Tree Officers requests and rebutting the request for a financial contribution.
Parks and Parks and Leisure have considered this application and raise concern Leisure about this proposal due to the high density of the development and the Services quantum of outdoor amenity and play space provision. It is recognised however that the proposals do result in a high quality residential environment and the size of the site prevents the delivery of significant public amenity space. In light of this a S.106 contribution is sought to provide mitigation and enhance existing facilities in the local area.
Sustainability/ No objection subject to the recommended planning conditions and Energy relevant clauses within the S106 agreement.
Education No objections to the proposal subject to the imposition of a suitable Department clause within the S106 agreement to ensure mitigation by way of a financial contribution
Housing Supply Housing Team have confirmed the proposed quantum and tenure split Team of the proposed affordable housing is acceptable and meets with the Councils policy objectives.
Reasoned Justification: Key Issues
The main issues for consideration are:
• Principle of development including the proposed uses • Design including: - Site Layout; - Scale and Massing; - Density; - Appearance and Materials - Heritage - Fire Safety - Landscaping/Public Realm - Residential amenity; • Environmental Considerations - Noise - Air Quality - Flood Risk and Drainage - Ecology • Neighbouring Amenity - Overlooking/Privacy - Daylight/Sunlight • Energy/Sustainability
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• Affordable housing • Transport including: - Car/cycle parking - Access - Servicing Arrangements - Trip Generation and Network Impact - Public Transport • Community Infrastructure Levy and Section 106
Principle of development including the proposed uses The application proposals would be for a mixed-use redevelopment of an underutilised brownfield site located in a Neighbourhood Town Centre with excellent access to public transport connections.
Retail Policy within the NPPF and the development plan promotes new retail development within town centres to improve choice and competition and to ensure and sustain the vitality and viability of the centre. Retails uses on this site are therefore supported in principle.
Further the existing site already accommodates a warehouse style retail store, however this existing retail offer turns its back on the East Acton Neighbourhood Centre and therefore fails to achieve the policy objectives noted above. In addition, the existing building is unattractive, and the retail stock is therefore considered to be of poor quality.
The existing retail store comprises circa 3,655sq.m of retail floor space whereas the proposed retail floor space is 2,086sq.m. Core strategy Policy 1.2 seeks to resist the loss of retail floor space across the Borough to meet identified demand. In this case however it is considered the loss of floor space would be acceptable. The proposed development will replace a poor-quality retail offer with a new modern retail food store within a purpose built fit for purpose building. The new retail offer would include active frontage to the street significantly improving the street scene and enhancing the primary retail frontage of which it forms part. The improved relationship with the Neighbourhood centre will improve the vitality and viability of the area and promote spin off benefits through linked trips to other shops within the wider neighbourhood centre. In addition the proposed retail food store will provide an increase of between 70 and 75 new jobs over the current situation.
Therefore, whilst result in a reduction in floorspace it is considered the new retail offer will better meet the policy objectives than the existing offer and is therefore supported. In addition, a smaller 67sq.m flexible (A1/A3/D1) units is proposed with a community focus (the community use of this units at a peppercorn rate is secure via the S106) which will further enhance the retail offer on this site.
Residential The scheme also proposes 333 residential units. The supply of new housing is a key policy objective through all levels of planning policy. The need to boost the supply of housing is a dominant and overriding theme in the London Plan which notes a desperate need for more homes for Londoners to promote opportunity and choice.
The emerging draft London Plan (Policy H1) places even greater emphasis on the importance of delivering new housing and promotes town centre locations that are well connected as being the most appropriate locations for housing growth through intensification.
The redevelopment of this underutilised brownfield site in a highly accessible area for a mixed
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use residential led redevelopment is therefore clearly supported by both adopted and emerging London Plan policy. The proposed development will result in a significant increase in housing helping the Borough to meet its annual housing targets.
The proposed mixed-use redevelopment of this site is therefore strongly supported and complies with Paragraphs 49 and 55 of the NPPF and Policy 3.3 and 4.2 of the London Plan in that is will result in the significant optimisation of a brownfield site which is located in a highly accessible location within a town centre.
Design The redevelopment of this key underutilised brownfield site represents an opportunity to significantly enhance the site and improve the retail offer on this important town centre site.
The proposed scheme has developed from the architects understanding of the site constraints and opportunities and has been the subject of extensive pre-application negotiation with Council Officers and the GLA. The key objectives are to improve the retail offer to enhance and respect East Acton Neighbourhood centre and to provide good quality housing. The opportunity presents itself due to the underutilised and unattractive nature of the existing development and its highly sustainable location with excellent transport connections.
Key aspects of the design include:
• A new modern fit for purpose retail store with active frontages to enhance the primary shopping frontage of which the site forms part • Improved landscaping and public realm to the northern frontage to enhance the green corridor. • Safeguarding land to enable the future implementation by TFL of the cycleway scheme (CS10) along the A40 and junction and capacity improvements on Old Oak Common Lane. • Improve levels of natural surveillance to create a safer pedestrian environment • A well-designed building including taller elements • Delivery of a significant quantum of new housing all designed to the highest space and amenity standards including a significant proportion of affordable housing. • High quality communal amenity and play spaces for residents
The proposed architectural rationale across the proposed development is considered to comprise high quality architecture that both responds to its setting and enhances the local area.
Site Layout The schemes layout positions taller buildings towards the north of the site to act as a barrier to the A40. This northern boundary is also less sensitive in terms of proximity to existing residential property and therefore allows for the greater bulk and mass without causing harm. To the south the scheme reduces in scale and opens out allowing daylight to penetrate the site. The reduction in scale to the south ensures the development better responds to the more suburban architecture present on East Acton Lane.
All residential units within the development and in the context of existing development retains separation distances of at least 20m between facing windows to ensure good levels of privacy are achieved.
The proposed retail store has been located on the prominent corner addressing the junction
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and providing active frontages. Access to residential cores are located in the north west corner fronting the A40, in the south east corner front Old Oak Common Lane and on the southern elevation onto East Acton Lane. The positioning of the cores and associated lobby’s provides activity to the frontages. The main entrance to the retail is from Old Oak Common Lane at a mid-point on the building east facing elevation via a recessed courtyard/public realm.
The layout of the building creates strong building edges which address the street and introduces active frontages. Entrances to both the retail and residential are legible helped by a high quality public realm and perimeter landscaping. The ground floor layout and the positioning of the taller elements above are supported and respond well to the surrounding form of development whilst making the most efficient use of the site.
Scale and Massing Section 7 of the NPPF, London Plan Policies 7.4 and 7.6 and Ealing Local Variation Policy 7.4 and Policy 7B of the Ealing Development Management DPD (2013) require new buildings to consider the most important elements of the urban context in order to create a positive relationship with surrounding buildings and the public realm. Policy 7.7 of the Ealing DPD indicates that tall buildings should normally be located on specified sites within Acton, Ealing and Southall town centres and identified development sites, and offer an outstanding quality of design.
As referred to in the previous section the taller part of the building is positioned in a location to limit impact upon outlook for neighbours whilst also addressing the heart of East Acton Neighbourhood centre. The bulk and form then reduces to a more domestic scale to the south west of the site creating a suitable transition of urban forms as the development steps away from the busy A40/Old Oak Common Lane junction to the quieter more suburban nature of East Acton Lane.
The taller element of the proposed development is 16 storeys and as such is regarded as a large building. Policy requires that large buildings are located in areas whose character would not be adversely affected by the scale mass and bulk of such a building such as locations within town centres with access to good transport such as the application site. The site does not fall with any strategic views it does however fall within the wider context of the Old Oak and Wormholt Conservation area. The impact of the proposals in respect of the conservation area is considered in detail later in this report and has been found to be acceptable.
The building is located in a well-connected town centre location on a prominent corner location at the gateway to the borough in an area where there is a distinct concentration of other taller buildings rising to 13 storeys. There is therefore considered to be strong justification for a taller building in this location. It is considered that the building is well designed and is compatible with the existing scale, mass and orientation of surrounding buildings and whilst it will result in a change to the existing townscape this change is not considered to be unacceptable. This is further assessed by the Townscape and Visual Impact Assessment which demonstrates in the context of a range of medium and longer distance views that a tall building has an acceptable impact upon the surrounding urban townscape.
On balance, the proposals are considered to enhance the character and setting of the townscape and are therefore considered to be acceptable. The ground floor uses will significantly improve the level of active frontage and the development will result in a significant enhancement of the site compared with the existing situation which is dominated by surface parking and a retail warehouse.
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Density
London Plan Policy 3.4 advises on residential density guidelines, encouraging a greater density of development in areas afforded a higher PTAL rating. Table 3.2 sets out that residential development in ‘Urban’ areas with a PTAL of 4-6 should normally have a density in the range of 200 – 700 habitable rooms per hectare. Emerging draft London Plan policy D6 seeks to optimise the potential of sites having regard to local context, design principles, public transport accessibility and capacity of existing and future transport services. Ealing’s Core strategy policy 1.2(h) also confirms that higher densities can be supported in areas of good transport accessibility and taking into account the quality of the design.
The residential density proposed is 914 units per hectare which exceeds the guidance ranges in Table 3.2 of the London Plan. Therefore, in order for the development to be acceptable it must display very high standards of design and achieve excellent standards of residential amenity for future occupiers. As demonstrated in detail in other sections of this report the proposed development is considered to achieve very good design and high residential standards, in broad terms this is demonstrated by:
• All units meet or exceed minimum space standards • All units are served by private outdoor amenity space • All units will receive good levels of daylight and sunlight and accord with BRE guidelines • 67% of proposed units are dual aspect • Just 1% (4 units) are single aspect north facing, these units all have oversized balconies and benefit from an attractive outlook over the communal gardens
Other sections of this report demonstrate the scheme is well design in terms of access, amenity and play space, cycle parking, servicing etc Given the high levels of design achieved together with the excellent PTAL rating it is considered the density proposed here is appropriate and in line with the intent of adopted and emerging policy. The proposal does not demonstrate any symptoms of over development with the residential quality achieved being of a very high standard.
Appearance and Materials The application has been submitted in detail and therefore significant attention has been given to the quality of the proposed architecture, the detailing and use of materials. The development uses a simple palette of materials to emphasise the building form and respond to the nature of the uses within the building.
The external elevations of the proposed building above ground floor levels use buff brickwork with linked groups of windows picked out in a darker charcoal coloured brick work. This material choice is both robust and responds positively to the existing mix of materials in the local area.
The facades of the different parts of the building are broken down into different vertical and horizontal elements to breakdown the scale of the building. The taller 16 storey tower addressing the junction has a vertical emphasis to give the building a more slender appearance. Windows are grouped vertically to accentuate the increased height and balconies are recessed.
The mid-level blocks repeat the vertical grouped windows and recessed balconies with a smaller group of windows at the top terminating the block. The lower blocks have windows
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which are vertically stacked with cantilevered balconies. The windows create a rhythm that responds to the scale of the existing domestic architecture on East Acton Lane and helps reduce the scale of the proposed building to respect these lower scale buildings.
Complementary but contrasting materials are proposed between the grouped windows and the window frames themselves also use a darker colour to complement the grouping. The balconies use a performerated rust coloured balustrade. These materials used in a variety of configurations on the various elevations articulate the building and provides visual interest against a high-quality brick back drop.
Overall it is considered that the proposals achieve a good quality of design and is therefore supported by relevant policy. Planning conditions are proposed to secure details of the façade composition, materials and detailing to ensure that the quality of the building is progressed through to the detailed design stage.
Heritage
The Planning (Listed Buildings and Conservation Areas) Act 1990 sets out the tests for dealing with heritage assets in planning decisions. In relation to conservation areas, for all planning decisions “ special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area ”. The NPPF states that when considering the impact of the proposal on the significance of a designated heritage asset, great weight should be given to the asset’s conservation and the more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting.
The application site is located close to Old Oak and Wormholt Conservation Area and the neighbouring authority Hammersmith and Fulham within which the conservation area falls have raised concerns with regard to the impact of the proposed development on the heritage asset.
In general terms it is considered the existing development on the site which comprises of a warehouse building, large areas of surface parking can be considered to be a negative feature in the local area. The proposed building has been the subjective of a collaborative design process and as a result it considered to be of a very high quality and responds positively to the townscape and result in a significant improvement to the site.
The applicant has submitted in support of the application a detailed Heritage, Townscape and Visual Impact Assessment (HTVIA) which has been thoroughly considered by Officers. While it is accepted the taller elements of the proposed development would have an indirect effect on the conservation area it is not however considered that this impact is of significance to the specific qualities of the conservation area.
The planned layout and design of the estate is distinctive and is contained within the designated area boundaries. The wider and continuing townscape setting of this estate to the south and west beyond these boundaries diminishes in quality, and makes little, if any, contribution to the conservation area’s significance. The conservation area is very large and as such touches and sees many other varied urbans areas of west London within the setting of its outer edges. It is not considered that it is a heritage asset that is particularly sensitive to changes beyond its boundaries.
The character and quality of the buildings and streets that make up the conservation area are clearly distinguishable in many of the views set out in the HTVIA with the architecture forming
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the East Acton Neighbourhood Centre clearly being read differently with a greater mix of uses and an existing and emerging group of taller buildings. The proposed development would be visible from some parts of the conservation area but the scale, form and architecture would clearly belong to the East Acton Neighbourhood Centre and would appear deliberately different and separate from the lower scale and more consistent townscape character present within the conservation area itself.
It is Officers view that taller elements of the proposed development will be visible in some longer views from within the conservation area which would result in some change to the visual experience. However, this change would be seen in the context of the visibility of other buildings including taller buildings in the East Acton Neighbourhood Centre and the wider urban area in general. The change that is experienced will help further differentiate the surrounding built form from the conservation area itself helping the conservation area and the heritage significance of the conservation area to be more easily read and appreciated. It is not considered therefore that this significance would be harmed by the proposed development in accordance with relevant policy.
Fire Safety Fire Safety – is a key aspect of the architectural strategy for the building the following aspects are key elements of the buildings fire strategy:
• The fire safety strategy for the proposed development will be based on Approved Document B (ADB), BS 9999:2017 and BS9991. • A consultation process will be in place between Building Control and the Fire Brigade. • All elements of the structure will be protected with 120 min fire resistance as the buildings are over 30m in height. • Residential units will be separated from one another compartment floors will provide 120minutes fire resistance. • A residential sprinkler system is proposed on all residential levels. • A commercial sprinkler system is proposed to the retail • Smoke ventilation will be provided to all communal corridors and basement levels • The specified materials for the cladding systems will not include Aluminium Composite Panels (ACMs) or PIR type insulation. • Automatic fire detection will be provided throughout the development
Landscaping – Public Realm The landscaping and public realm strategy comprises generous landscaped buffer to all boundaries which includes the replacement of existing trees which are in generally poor condition with new trees of a greater quantity and quality.
The site frontage to the A40 is designated as being part of the ‘Acton Green Corridor Policy Area’. The designation has several objectives which developments should seek to promote which includes; improving the visual appearance through enhanced landscaping, reducing noise and air quality impacts associated with the A40, improving personal security and enhancing biodiversity.
The existing site frontage is of poor quality with low level unmanaged planting, trees which are of poor condition and a relatively narrow pavement. The building and boundary treatment is also featureless with no views into the site and no windows allowing for passive observation. The proposed development seeks to address these deficiencies by setting the building back within the site by between 17.8m and 10.4m allowing for a generous landscaped buffer and a more friendly pedestrian environment. The new landscaping includes directional low-level
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planting creating visual interest with a linear row of new semi mature trees planted at regular intervals along the frontage.
As referred to elsewhere the frontage of the building significantly improves the frontage allow for attractive frontages and natural surveillance from the residential properties above leading to the feeling of a much more welcoming and safer environment. The landscaping treatment also extends to the building were between the glazed panels sections of green wall allow the green buffer to connect with the building itself.
The landscape buffer proposed is considered to significantly enhance the site frontage improving the pedestrian experience and encouraging biodiversity. The public realm scheme is also designed to safeguard the space required to allow the future cycleway enhancements to be delivered by TFL. It is considered the Acton Green corridor policy objectives are fully met by these proposals.
The landscaping buffer extends along Old Oak Common Lane and East Acton Lane providing a softer edge to the building. All frontages benefit from an improved façade behind the landscape buffer which improves natural surveillance and generally creates a safer environment for pedestrians. Both frontages propose high quality tree planting in addition to low level planting greening the elevations. Several TPO’s located along these frontages are lost however they are generally of low quality and have been subject of significant pollarding over the years. It is considered that replacing them with new trees of appropriate maturity and more suited to the conditions will provide a better long-term solution.
Overall the landscape and public realm scheme is of a high quality and will significantly improve the pedestrian environment and provide a soft edge to the proposed environment. The landscape proposals also ensure the land is safeguarded to allow for the CS10 cycleway improvements and the Old Oak Lane and Western Way junctions improvements to be implemented by TFL in the future.
Residential Quality
Table 3.3 of the London Plan (2016) under policy 3.5 (Quality and design of housing developments) and the DCLG ‘Technical Housing Standards – nationally described space standards’ (March 2015) set out the minimum gross internal floor space required for different sizes/occupancy levels of residential units.
Internal space standards – all of the proposed dwellings will meet and, in many cases, exceed adopted minimum space standards providing spacious accommodation and incorporating integral storage. All bedrooms and living spaces are considered to be of a high standard allowing all normal furniture requirements.
Standard 29 of the London Housing Supplementary Planning Guidance 2016 indicates that developments should minimise the number of single aspect dwellings, particularly single aspect dwellings facing north, or those containing three or more bedrooms. It seeks residential units to provide dual aspect living accommodation that would ensure better daylight, a choice of views and natural cross ventilation for future occupiers. The proposed development has achieved 67% (223 dwellings) that are to be dual aspect. Of those that are single aspect the majority are south facing with just 1% (4 dwellings) being north facing. Each of those 4 dwellings have oversized balconies and they have an outlook over the communal landscaped podium gardens. They therefore still achieve high levels of residential amenity.
All of the proposed dwellings have also been assessed in terms of daylight, sunlight and
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overshadowing. The results demonstrate that the proposed development will receive good levels of sunlight and daylight in accordance with BRE guidelines.
The communal areas have also been tested for overshadowing and also found to be acceptable and achieve good levels of sunlight.
It is considered the proposed residential units would offer a very good standard of living accommodation therefore, the proposal would comply with policies 7B and 7D of Ealing’s Development Management DPD and the London Housing Supplementary Planning Guidance 2016.
Wheelchair housing – In accordance with London Plan Policy 3.8, all of the proposed dwellings meet with Building Regulation requirement M4(2) ‘accessible and adaptable dwellings’ and 10% meet Building Regulation requirement M4(3) ‘wheelchair user dwellings’, i.e. is designed to be wheelchair accessible, or easily adaptable for residents who are wheelchair users.
All communal corridors and lifts are fully accessible and hall and door widths, living and sleeping areas and bathrooms are specified to be accessible and wheelchair user friendly. 50% of the wheelchair accessible units will have access to a parking space with direct lift access to the residential floors.
Private and semi-private amenity - In terms of private amenity space, Table 7D.2 under Policy 7D of the adopted Ealing Development Management DPD (2013) requires all new residential development to have good quality private outdoor space, in accordance with minimum required levels. The policy requires a minimum of 5sq.m per 1-2-person unit and 1sq.m in addition for each additional occupant. Policy 7D also requires a minimum of 15sq.m of communal outdoor space per residential unit.
The proposed development meets this policy requirement with each residential unit being served by a balcony, winter garden or terrace that meets or exceeds the required private amenity standard of 5sq.m per unit plus an additional 1sq.m for an additional person. The proposed private amenity spaces range in size from 5.2sq.m to 22.6sq.m with a total of 2,417sq.m of private amenity space being proposed.
In addition to the private amenity space the residential units are positioned around a podium level communal courtyard amenity space which provides 1,537sq.m of amenity space for use by residents. The communal courtyard provides a high-quality amenity area with areas for quiet relaxation and play, the courtyard also provides a pleasant outlook for the residential units facing onto the courtyard. In addition to the podium level amenity space a further 389sq.m of communal amenity space is proposed in the form of a ground floor pocket park at the western end of the proposed building.
In addition to the onsite provision the proposed development makes a financial contribution of £80,850 towards the enhancement of existing facilities within reasonable proximity to the development.
Play space – the policy requirement for a development of this size would be 590sqm in accordance with DMP Policy 7D and London Plan policy 3.6. Of this 280sq.m should be suitable for under 5’s in the form of ‘Doorstep Playable Space’, 190sq.m for 5-11 years and 120sq.m for 12+ years. The proposed development includes different play spaces with a total of 474sq.m being proposed suitable for 0-5 and 5-11years located in both the podium courtyard and the pocket park. Further details of the design of these play spaces and the types of play equipment to be included are proposed to be secured by condition.
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Older children would have access to a number of local parks and recreation areas, which are within walking distance (including Trinity Way). In addition, the applicant has agreed to contributing £16,659 via the S106 to be put towards the improvement of play facilities in the local area.
Overall the development proposes a good range of play and amenity space for the various age groups which combined with financial contributions for the improvement of existing facilities result in an acceptable development that meet with policy requirements. Planning conditions are proposed to ensure the details of the spaces proposed including the type of planting and play equipment proposed is suitable.
Environmental Considerations
Noise – the impact of noise has been considered by the applicant in a Noise Assessment submitted in support of the application which has been assessed by the Council’s Regulatory Services Department.
The Noise Assessment notes that existing noise at the site is dominated by the surrounding roads and particularly the A40. The assessment demonstrates that in general terms the proposed development achieves acceptable internal noise levels across the site during the day time and night time. It does note however that some bedrooms on facades facing the surrounding roads do require mitigation measures to ensure a suitable standard of accommodation. Such mitigation includes enhanced glazing or alternative means of ventilation. The Assessment concludes that the proposed external amenity areas would not exceed the guidance and would be useable.
Officers have confirmed that whilst the proposals are broadly acceptable and are supported in principle further details in relation to insulation between residential units and specifications for the proposed plant and installation of such equipment are required. Planning conditions are proposed requiring the submission of this additional information prior to installation.
Noise during the construction phase has been raised as a concern and whilst some additional noise is inevitable a number of measures are proposed to be implemented to reduce noise effects during the demolition and construction phasing, including acoustic screening/ site hoardings, selection of appropriate construction methods and activities within agreed working hours. Details of this measures and how they will be implemented are securing by a condition requiring a Construction Management Plan to be submitted prior to the commencement of works. Air Quality - The proposed development is located in an Air Quality Management Area (AQMA) and as such an Air Quality Assessment has been carried out by the applicant to demonstrate the likely effects of the proposed development during both the construction and operational phases of the development.
The assessment has considered the site suitability for residential use, the assessment concluded that NO2 were predicted to exceed the Air Quality Objectives (AQO) at a number of the first-floor apartments and therefore require mitigation in the form of mechanical ventilation and heat recovery units (MVHR) in order to secure an acceptable standard of accommodation. Adverse impact on air quality arising from additional vehicles trips generated at the operational phase of the development are considered to be negligible
Additional air quality impacts are expected from the construction phases but can be appropriately mitigated through the effective implementation of a Construction Management
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Plan which is secured by a planning condition.
In summary it is not considered that air quality represents a material constraint to the development proposals and the mitigation measures described will ensure any impact that do arise are offset.
Flood Risk and Drainage - A Flood Risk Assessment and Outline Drainage Strategy has been submitted in support of the application. The Site is located in Flood Zone 1, which means it has a low risk of flooding from rivers. In addition, no flood risk to the Site from ground water, sewers or artificial water bodies was identified.
The proposed drainage strategy involves new surface and foul water sewer networks to be constructed to service the proposed development. In respect of surface water management discharge from the site would be restricted to 3x greenfield run off rates in line with London Plan guidance. This would be achieved by using a flow control device and below ground tanks that would accommodate the 1 in 100-year storm return period plus allowance for climate change.
The Proposed Development will increase foul loadings from site, increasing the peak discharge rate to 3.6 L/S. However, as it is proposed to discharge all site flows into a combined sewer and limit the surface water rate to 3 x greenfield, there will be an overall net decrease in flows. This will provide significant betterment for the combined sewer network. The Proposed Development is sustainable in terms of flood risk and is in accordance with the relevant policy framework.
Ecology – a site visit undertaken by Officers established that the application site is dominated by hardstanding and buildings with limited landscaping along the perimeters of the site which include established trees many of which are of poor quality. The Ecological Appraisal submitted in support of the application confirms that the site supports few habitats and non- with statutory protection.
The proposed development will result in several areas of enhancement in terms of the sites ecological value. The generous landscape buffers to the perimeter of the site will include native landscape planting and existing invasive species will be removed. Other benefits including the installation of bird boxes and the inclusion of green/brown roofs will result in further enhancements.
The proposals are acceptable in terms of environmental factors and planning conditions are proposed to mitigate any harmful impacts. The proposals accord with policies 5.12-5.15 and 7.14 and 7.15 of the London Plan.
Neighbouring Amenity
The proposed scheme needs to be assessed in terms of any impacts on the amenity of both nearby residential properties and future occupiers within the development itself, by ensuring good levels of daylight/sunlight, visual outlook and privacy are provided, as required by Policy 7B of the Ealing Development Management Development Plan Document (2013) and London Plan Policy 7.6.
To the north and east the proposed development overlooks the busy A40 and Old Oak Common Lane respectively. These roads separate the proposed building from existing built form to the north and east and there is considered to be no loss of privacy/overshadowing resulting.
The nearest existing residential properties are on East Acton Lane to the south west of the
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proposed building and the Glendun Court to the west. During the course of pre-application discussions, the applicant was encouraged to reduce the scale of development in proximity to these existing properties in order to minimise and avoid any adverse impacts associated with overlooking, privacy and loss of sunlight/daylight. The proposed scheme therefore responds well to these existing residential uses. Significant separation distances are maintained with a minimum of 25m separating the proposed building and dwellings on East Acton Lane and separation distances of between 23.9m and 31m being retained between the proposed building and Glendun Court. These separation distances are considered to be generous and well in excess of the minimum distance of 18-21m normally promoted as being acceptable. As a result of this separation and the careful positioning of windows and balconies including minimising windows and balconies facing west and south a very good level of privacy is maintained between the proposed and existing dwellings.
Within the development itself careful planning of the building and adequate separation of the blocks ensure high levels of privacy are also maintained for future residents of the building.
Daylight/sunlight/overshadowing – the impact on daylight, sunlight and overshadowing from the proposed development has been considered by the applicant and presented within the Daylight, Sunlight and Overshadowing Assessment.
The assessment considered the impact of the proposed development on 46 residential properties near the site, no non-domestic properties were identified that needed to be assessed in accordance with BRE guidelines.
There are a number of properties that will be affected by the proposed development and will have some reduced levels of sunlight and daylight. This reduction needs to be viewed in the context of the existing low rise and undeveloped nature of the development on the site which results in existing values being very high. Therefore, although some loss of sunlight and daylight is predicted compared with the existing situation the properties in question will still retain good levels of sunlight daylight. Of the properties assessed 13 will meet all BRE guidelines and 33 will experience some reduction in daylight and/or sunlight.
Although some loss of sunlight and daylight will occur the analysis confirms that adequate levels of sunlight and daylight will still be achieved with values retained that are not uncommon in suburban environments throughout London. All neighbouring amenity areas achieve BRE compliance in relation to over shadowing.
Based on the overall retained daylight and sunlight values, the Site context and the multiple amenity benefits of the Proposed Development, it is considered that the impact on the daylight and sunlight amenity to neighbouring residential properties is acceptable and would not result in unacceptable harm as assessed using the BRE methodology.
Energy Efficiency and Sustainability
The provision of sustainable development is a key principle within the National Planning Policy Framework (2012), which requires the planning process to support the transition to a low carbon future. Policies 5.2 and 5.3 of the London Plan (2016) require the submission of an energy demand and sustainability assessment, along with the adoption of sustainable design and construction measures and demonstration of how heating and cooling systems have been selected in accordance with the Mayor’s energy hierarchy. Policy 5.2 requires the domestic element to meet zero carbon and the non-domestic element to meet the 35% CO2 emissions reduction target beyond Building Regulations Part L 2013. For the domestic element, a minimum 35% reduction in regulated CO2 emissions above Building Regulations 2013 is
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expected to be achieved onsite.
BREEAM NC Pre-Assessment report Rev02 (18/12/2017) for the whole development and Energy Strategy Rev 06 (06 March 2018) and supplementary information (7 March 2018) prepared by QuinnRoss Consultants Ltd have been submitted to demonstrate compliance with London Plan and Ealing Local Plan energy and sustainability policies.
Compliance with Ealing LV policy 5.2I has been demonstrated through the submission of a BREEAM NC Pre-Assessment report for the whole development targeting a BREEAM rating of Excellent or 75% (>70% Excellent rating). The whole development has been assessed under the BREEAM Multi-Residential accommodation, Retail and Shell and Core schemes.
A range of energy efficiency measures are proposed for both domestic and non-domestic components that exceed the minimum requirements of the complaint Part L 2013 base case. In particular, an improvement of 18.44% beyond the compliant Part L 2013 is predicted for the domestic component while no improvement is predicted for the non-domestic units.
Compliance with London Plan policy 5.9 which relates to Overheating and Cooling has been demonstrated through the submission of the P1371-TM52 Overheating Report Rev 01 (5 December 2017) prepared by QuinnRoss Consultants Ltd. The results showed that all habitable spaces tested under CIBSE TM52 and TM49 criteria pass the appropriate criteria without active cooling and therefore do not face risk of overheating during warm periods. The non-residential units should be also tested for overheating and a condition to require this information has been applied.
A gas Combined Heat and Power system (CHP) is proposed to provide space heating and hot water to the apartments. The non-residential units will be served by Air Source Heat Pumps (ASHPs) in accordance with the energy strategy. In line with the London Plan policy 5.6, the applicant is advised to connect the non-residential units to the single energy centre for the provision of space heating and hot water or at least hot water. According to the proposed servicing strategy, a reduction in regulated CO2 emissions of 163 tonnes equating to 47.25%, beyond the Be Lean case is predicted for the residential element of the development.
A solar PV system of approximately 500m2 is proposed for the non-residential units to meet the London Plan policy 5.2 CO2 emissions target. The solar PV system predicts a reduction in regulated CO2 emissions of 35 tonnes equating to 41.67%, beyond the Be Lean case.
No renewable technologies are proposed for the residential component. The residential component of the development triggers compliance with the zero-carbon policy and therefore the annual carbon shortfall of 182 tonnes CO2 will have to be addressed as a carbon offsetting contribution to the Council’s Carbon Offsetting Fund. The annul182 tonnes of CO2 equate to £327,600 for a period of 30 years at £60 per tonne carbon.
Affordable Housing
It is proposed that 114 of the residential units will be affordable housing, this equates to 35.2% of the dwellings proposed by habitable room. London Plan policy 3.12 seeks the maximum reasonable amount of affordable housing in residential developments. Draft London Plan policy H6 and the Mayors Affordable Housing and Viability SPG prescribe a ‘threshold approach’ whereby schemes, not on public land meeting or exceeding 35% affordable housing by habitable room and that meet other relevant policy objectives are not required to submit viability information to the GLA. Such applications are also exempted from a late stage review mechanism. An early stage review of viability is sought however if the
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development is not commenced within 2 years of planning permission being granted. This requirement is secure within the S106. The scheme will deliver 114 affordable housing units which equates to 35.2%. The tenure split and mix of different sized units has been discussed with LBE Housing Officers and the proposed offer has been agreed. The proposed tenure split of 30% affordable rent (London Affordable Rents) and 70% shared ownership (eligibility determined in accordance with London Plan guidance) is also supported by the GLA. The proposed affordable housing is the maximum reasonable amount and is in accordance with relevant policy and is strongly supported by officers. Transport
The proposals have been the subject of extensive pre-application discussion with Ealing Highways Officers and TFL Officers. TFL supported by Ealing and in consultation with the applicant have put forward a scheme to improve the junction of Old Oak Common Lane and the A40. The proposed scheme will improve crossing facilities for pedestrains and improve capacity on Old Oak Common Lane. In addition TFL are also progressing proposals for cycleway CS10 the route of which passes along the A40/Western Way past the site. In order to enable the delivery of these two projects the applicant has agreed to transfer land within the application site along the A40/Western Avenue and Old Oak Common Lane to Ealing. In addition a financial contribution is being agreed to help fund the junction improvements.
Parking: A total of 87 parking spaces are proposed as part of the development. The residential element of the scheme is designed as a car free scheme except for provision of 17 enlarged spaces for disabled users. This meets the minimum London Plan standards which require any development with off-street parking to provide at least two disabled spaces. In addition, 8 disabled spaces and 5 family spaces are proposed for the retail food store. This equates to approximately 20% of the retail parking provision of 70spaces which is acceptable. Overall, the total provision of 87 spaces is acceptable to serve both the residential and retail components. To support the low car housing and ensure it does not lead to displacement parking in surrounding streets residents of the development will be prevented from buying permits for the local CPZ and this is to be secured within the S106 agreement. Electric vehicle charging points (ECVP’s) are proposed and these should be provided in accordance with London Plan standards including active and passive EVCP’s should be provided and this is secured by way of a planning condition. Cycle Parking : Cycle parking is proposed in accordance with the draft London Plan guidance as requested by TFL. This provision comprises 589 long stay parking spaces and 12 short stay parking spaces for the residential development and the provision of 12 long stay spaces and 24 short stay spaces for the retail. Separate cycle stores are proposed to meet the needs of the different user groups as set out above. Planning conditions requiring the applicant to submit details of the cycle parking stores to ensure it meets design standards ensuring cycle racks are accessible and secure and to ensure entrance doors and manoeuvring space within the stores is adequate. The proposals indicate that short stay cycle parking be provided in accordance with policy, details of the short stay parking is also reserved by planning condition to ensure the short stay spaces are in appropriate and convenient locations and are secure. Access – There is an existing site access on East Acton Lane which serves the Homebase customer car park, and this is to be replaced by a new access approximately 25m to the west.
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Access to the service bay and residential car park area is to be controlled by a gate. Swept path drawings submitted by the applicant show that there is sufficient room for refuse and service vehicle as well as a fire tender to enter and exit the site in forward gear The general layout of the retail and residential parking areas are acceptable however to ensure the safe operation of the area and to minimise the risk of pedestrian or vehicle accidents it is recommend that a Safety Audit is carried out to recommend measures to ensure a safe environment is created. The submission of a Safety Audit and implementation of its recommendations is secured by a planning condition. The main pedestrian access to the private units will be via a concierge on Old Oak Common Lane, secondary cores are located on the northern frontage to A40/Western Avenue and the south west corner of the site onto East Acton Lane. Pedestrian access to the retail store is from Old Oak Common Lane. All pedestrian access points are considered to be acceptable and adequate and safe pedestrian routes provide access from the wider area to the proposed development. Servicing Arrangements - The Proposed Development will incorporate a fully managed system for receiving deliveries and for the collection of waste and recycling for both residential and retail elements. Central to this is the provision of an enclosed loading bay at ground floor level for the retail food store. This would limit noise and disruption and is an improvement on the existing site situation. All servicing including refuse will take place on site. The development provides sufficient space available to turn all vehicles up to a maximum length articulated vehicle. Swept path analysis has been undertaken to demonstrate that vehicles can enter and exit the site in forward gear. A servicing bay is also proposed on East Acton Lane that will enable vehicles to make short stops making deliveries to the residential concierge. A planning condition is also recommended to provide further design details of the service bay to ensure it can be implemented without giving rise to conflicting vehicle and pedestrian/cyclist movements. The final scheme will be expected to be a S278 agreement. A Delivery and Service Management Plan is also secured via a planning condition. Trip Generation and Network Impact – The application has been supported by a Transport Assessment which has considered the impact of the proposed development on both the local roads and on public transport. Officers accept the adopted trip generation methodology. It is forecasted that the development would generate a substantial number of person trips with the residential element alone accounting for 1734 two-way person trips on a weekday and 1798 two-way trips on a weekend. A significant proportion of the retail trips would be non-car trips which suggest that footfalls along the perimeter of the site would increase significantly In terms of vehicle trips the net change in trips generated by the development is not expected to be high, with an uplift of 11 two-way vehicle trips in the weekday AM Peak (08:00-09:00) and 49 two-way vehicle trips in the PM Peak (16:00-17:00). Whilst, there is an uplift in vehicle trips at the Site, this is considered to be a worst-case assessment. It is also noted that the highest vehicle trips for the site, associated with the retail unit take place outside the network peak periods on a weekday. Given the high PTAL rating of the site it is expected that the majority of the trips to the store and dwellings will be by foot. The size of the retail store is smaller than the existing retail store and being a convenience food store it is anticipated that it will only serve a local catchment and therefore not lead to a significant increase in vehicle trip. As a result, it is expected the Proposed development will have no material impact on the local highway network.
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In order to further mitigate the impact of the development on both the local highway network and public transport a number of mitigation measures are proposed, led principally by a robust Travel Plan. Delivery and Servicing Plan, Parking Management Plan and Construction Logistics Plan will all be secured via planning conditions. In addition to securing the above plans by way of planning conditions Highways Officers have also requested financial contributions towards the following improvements and mitigation measures required to make the development acceptable in highways terms:
• Reinstatement of the access and exit areas onto the A40 as footway and cycleway • Contribution for the provision of a new and relocated Bus Stop K on Old Oak Common Lane to address the pedestrian and bus passenger interactions identified if it were to be maintained in its current position – valued at £30,000. • Construction of the vehicular access from East Acton Lane under Section 278 Highways Works agreement with London Borough of Ealing – direct cost to scheme. • Construction of the proposed Lay-By on East Acton Lane and the Tiger Crossings under Section 278 Highways Works Agreement with London Borough of Ealing • Funding and delivery of a Car Club Space on a nearby street in agreement with London Borough of Ealing and a Car Club operator • Section 106 agreement restricting residents/businesses of the development the right to purchase CPZ permits • Travel plan secured via Section 106 agreement • Section 38 Agreement should the Cycle Superhighway 10 scheme progress for the transferred land associated with the Tiger Crossing proposals • Contribution of £3,000 towards Travel Plan monitoring In summary the proposed redevelopment of the site is compatible with and supports local and regional transport policies and would not give rise to any adverse transport impacts, subject to appropriate mitigation described above. Fire Safety Large schemes may require a number of different consents before they can be built. Building Control approval needs to be obtained to certify that developments and alterations meet building regulations. Highways consent will be required for alterations to roads and footpaths. Various licenses may be required for public houses, restaurants and elements of the scheme that constitute 'house in multi-occupation'. The planning system allows assessment of a number of interrelated aspects of development when planning applications are submitted to the Council. The proposed materials to be used may be approved under a planning permission based on the details submitted as part of the planning application or may be subject to a condition that requires such details to be submitted and approved prior to the commencement of the development. Whichever the case, planning officers' appraisal of materials is focused on the visual impact of such materials in relation to the design of the overall scheme itself, the character of the local area or indeed on the amenities of local residents.
The technical aspects of the materials to be used in any development, in relation to fire safety, are considered under the Building Act (1984) and specifically the Building Regulations (2010). These require minimum standards for any development, although the standards will vary between residential and commercial uses and in relation to new build and change of use/conversions. The regulations cover a range of areas including structure and fire safety. Any person or organisation carrying out development can appoint either the Council’s Building Control Service or a Private Approved Inspector to act as the Building Control Body (BCB), to ensure the requirements of the Building Regulations are met. The BCB would carry
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an examination of drawings for the proposed works and carry out site inspection during the course of the work to ensure the works are carried out correctly. On completion of work the BCB will issue a Completion Certificate to confirm that the works comply with the requirement of the Building Regulations. In relation to fire safety in high rise residential developments some of the key measures include protected escape stairways, smoke detection within flats, emergency lighting to commons areas, cavity barriers/fire stopping and the use of sprinklers and wet/dry risers where appropriate. Section 106 Planning Obligations The scale and nature of the proposed development will result in extra demands being placed on existing local facilities and services. In accordance with policies 8.2 and 8.3 of the London Plan and Policies 6.1, 6.2, 6.3 and 6.4 of Ealing’s adopted development Strategy, appropriate mitigation measures and financial contributions are being sought through legal agreement as detailed in the recommendation section of this report. It is considered that the measures and contributions are necessary to mitigate impacts of the development, particularly on local infrastructure such as health services, schools, roads and public transport.
A total financial contribution of circa £2.4m has been secured as set out in detail in the recommendation section of this report.
Community Infrastructure Levy
The Community Infrastructure Levy “CIL” is a tool for local authorities in England and Wales to help deliver infrastructure to support the development of an area. In line with the Community Infrastructure (Amendment) Regulations 2015.
The proposed development is subject to a Mayoral CIL charge. The current adopted Mayoral Community Infrastructure Levy (MCIL1) has set the CIL for Ealing at £35 per sqm. On 26 June 2017 the Mayor published his MCIL2 Preliminary Draft Charging Schedule for public consultation, which closed on 7 August 2017. The MCIL2 rate for Ealing is proposed at £60 per sqm. When adopted, the MCIL2 will take effect from April 2019.
Prior to deductions for the provision of affordable/social housing within the development the scheme is expected to generate a CIL liability of circa £1.06m.
Conclusion
On balance, the proposals are considered to be acceptable and it is recommended that planning permission be granted subject to any direction of the Mayor. Weighing up all the material considerations, the proposed development is considered to be acceptable, to comply with development plan policies and the National Planning Policy Framework guidance; or to provide suitable justification and mitigation for areas of non-compliance, for the reasons set out within the Executive Summary of this report.
The summary conclusions of the assessment of the application set out at the beginning of this report represent the main reasons for the recommendation to grant permission, subject to further statutory consultation with the Mayor of London and DCLG.
Local Finance Considerations
Pursuant to section 70(2) of the Town and Country Planning Act 1990 (as amended) the Council is required to take into account any local finance considerations, as far as material to the application.
These comprise a grant or other financial assistance that has been, or will be or could be,
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provided to the Council, or any sum that has been received, or will be or could be, in payment of CIL. The Mayoral CIL, collected by the Council on the Mayor’s behalf, is such a consideration. The weight to be afforded to the receipt of CIL in the context of the decision whether to grant planning permission is a matter for members.
Equality Act 2010
Section 149 of the above Act imposes a duty on the Council, in the exercise of its functions, to have due regard to: eliminating discrimination, harassment, victimisation and other conduct that is prohibited by or under the Act; advancing equality of opportunity between persons who share protected characteristics under the Act and those who do not; and fostering good relations between persons who share a relevant protected characteristic and persons who do not share it.
The protected characteristics under the Act are: age, disability, gender reassignment, pregnancy and maternity, race, religion or beliefs, sex and sexual orientation.
The duty is to have due regard to these matters, and accordingly this needs to be taken into account by members in making their determinations on these applications.
The planning issues set out above do not include any factors that relate specifically to any of the equalities categorisations set out in the Act. It is considered that there are no adverse impacts on equality by virtue of the grant of a planning permission for these proposals.
Human Rights Act:
In making your decision, you should be aware of and take into account any implications that may arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as the London Borough of Ealing to act in a manner, which is incompatible with the European Convention on Human Rights.
You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation for approval of the grant of permission in this case interferes with local residents’ right to respect for their private and family life, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case, the rights of the applicant). The Council is also permitted to control.
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