Nunhead and Rye Community Council

Planning Agenda

DATE: Tuesday 11th November TIME: 8.00pm 2003

PLACE: Thomas Calton Education Centre, Alpha Street SE15

1. Welcome and introductions 2. Apologies 3. Notification of any items which the Chair deems urgent 4. Disclosure of Members’ interests and dispensations 5. Planning Applications for Decision:

1/1 2-6 Sternhall Lane (mixed use scheme: flats, live-work and offices) 1/2 1-3 Stuart Road (block of flats and some houses; variation to an earlier approved scheme) 1/3 57-73 Friern Road (5 houses) 1/4 65-72 Kimberley Avenue & 76-84 Evelina Road (27 flats; 12 parking spaces) 1/5 60-62 Queens Road (44 flats)

6. Closing comments by Chair

Upcoming meetings

Date Venue Thursday 27th November 2003 Green Community Centre, 56 Nunhead Lane Monday 26th January 2004 Venues to be confirmed Thursday 23rd February 2004 Monday 29th March 2004

ADDITIONAL INFORMATION

NUNHEAD AND COMMUNITY COUNCIL MEMBERSHIP Councillor Robert Smeath (Chair) Councillor Fiona Colley (Vice Chair) Councillor Alun Hayes Councillor Andy Simmons Councillor Dominic Thorncroft Councillor Alfred Banya Councillor Aubyn Graham Councillor Mick Barnard

MEMBERS ARE REQUESTED TO ATTEND THIS MEETING

DATE OF DESPATCH: 4th November 2003

EXCLUSION OF PRESS AND PUBLIC The following motion should be moved, seconded and approved if the Community Council wishes to exclude the press and public to deal with reports revealing exempt information.

“That the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of information as defined in paragraphs 1-15, Access to Information Procedure Rules of the Constitution.”

DEPUTATIONS

Deputations can only be made by a person or people resident or working in the borough. The deputation shall not concern approval or otherwise of a current planning or licensing application but may address any other issue within the direct responsibility of the Council.

An application for a deputation to be heard shall be submitted in writing to the Borough Solicitor and Secretary. Any written representations or petitions associated with a deputation should ideally be submitted at the same time as the request for a deputation and no later than three clear working days before the meeting.

Members have discretion whether or not to receive the deputation.

INFORMATION TO MEMBERS OF THE PUBLIC

Terms of reference The terms of reference for community councils are available. Please ask the clerk at the meeting if you would like a copy.

Access to information You may request copies of minutes and reports on this agenda.

Carers’ Allowances If you are a resident of the borough and have paid someone to look after your children, and elderly dependant or a dependant with disabilities so that you can attend this meeting, you may claim an allowance from the Council. Please collect a claim form from the clerk at the meeting.

Wheelchair access Wheelchair access is available at the main entrance of the Thomas Calton Education Centre.

No smoking Please note that under the Council Procedure Rule 1.1(i), smoking is not allowed at any meetings of Committees or Sub-Committees of the Council.

Other requirements

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Transport Assistance for Disabled Members of the Public

Should a disabled member of the public wish to attend a Community Council meeting he or she is requested to call the meeting clerk at the number below to give his/her contact and address details. It is necessary to call as far in advance of the meeting as possible and at the latest on the last working day before the day of the meeting. The clerk will then arrange for a driver to collect the person from his/her home and provide return transport after the meeting. There will be no charge to the person collected.

The clerks of the respective Community Councils are as follows:

Walworth/: Julian Bassham (Ph: 0207 525 7514) Borough and / Jamie Henderson (Ph. 0207 525 7234) Nunhead and Peckham Rye/ Louise Shah (Ph. 0207 525 0640) Peckham / Carina Kane (Ph. 0207 525 7187)

For further information please contact: Louise Shah 0207 525 0640, mailto: Louise.Shah@.gov.uk www.southwark.gov.uk

Item No. Classification Date: Meeting Name: th 11 November Nunhead and Peckham Rye Open 2003 Community Council Report title: Development Control

Ward(s) or groups All within Nunhead and Peckham Rye affected: Community Council area

From: Strategic Director of Regeneration

RECOMMENDATIONS

1. That the determination of planning applications, or formal observations and comments, the instigation of enforcement action and the receipt of the reports included in the attached items be considered.

2. That the decisions made on the planning applications be subject to the conditions and/or made for the reasons set out in the attached reports unless otherwise stated.

3. That where reasons for decisions or conditions are not included or not as included in the reports relating to an individual item, they be clearly specified.

BACKGROUND INFORMATION

4. The Council’s powers to consider planning committee business detailed in Article 8 under Role and Functions of the Committee were agreed by the Constitutional Meeting of the Council on 24th February 2003. This function was delegated to the Planning Committee.

KEY ISSUES FOR CONSIDERATION

5. Members are asked to determine the attached applications in respect of site(s) within the Community Council boundaries.

6. Each of the following items are preceded by a map showing the location of the land/property to which the report relates. Following the report, there is a draft decision notice detailing the officer's recommendation indicating approval or refusal. Where a refusal is recommended the draft decision notice will detail the reasons for such refusal.

7. Applicants have the right to appeal to the Secretary of State for the Environment against a refusal of planning permission and against any condition imposed as part of permission. If the appeal is dealt with by public inquiry then fees may be incurred through employing Counsel to present the Council's case. The employment of Counsel is generally limited to complex inquiries or for very major proposals.

8. The sanctioning of enforcement action can also involve costs such as process serving, Court costs and of legal representation.

9. Where either party is felt to have acted unreasonably in an appeal involving a public inquiry or informal hearing the inspector can make an award of costs against the offending party.

10. All legal/Counsel fees and costs as well as awards of costs against the Council are borne by the Regeneration budget.

EFFECT OF PROPOSED CHANGES ON THOSE AFFECTED

11. Equal opportunities considerations are contained within each item.

SUPPLEMENTARY ADVICE FROM OTHER OFFICERS

Borough Solicitor & Secretary

12. A resolution to grant planning permission shall mean that the Development & Building Control Manager is authorised to grant planning permission. The resolution does not itself constitute the permission and only the formal document authorised by the Committee and issued under the signature of the Development & Building Control Manager shall constitute a planning permission.

13. A resolution to grant planning permission subject to legal agreement shall mean that the Development & Building Control Manager is authorised to issue a planning permission subject to the applicant and any other necessary party entering into a written agreement in a form of words prepared by the Borough Solicitor and Secretary, and which is satisfactory to the Development & Building Control Manager. Developers meet the Council's legal costs of such agreements. Such an agreement shall be entered into under section 106 of the Town and Country Planning Act 1990 or under another appropriate enactment as shall be determined by the Borough Solicitor and Secretary. The planning permission will not be issued unless such an agreement is completed.

14. Section 70 of the Town and Country Planning Act 1990 requires the Council to have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations when dealing with applications for planning permission. Section 54A of the Town and Country Planning Act 1990 provides that where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. The development plan is currently the Southwark Unitary Development Plan adopted by the Council in July 1995.

15. Section 106 of the Town and Country Planning Act 1990 introduced the concept of planning obligations. Planning obligations may take the form of planning agreements or unilateral undertakings and may be entered into by any person who has an interest in land in the area of a local planning authority. Planning obligations may only:

1. restrict the development or use of the land;

2. require operations or activities to be carried out in, on, under or over the land;

3. require the land to be used in any specified way; or

4. require payments to be made to the local planning authority on a specified date or dates or periodically.

Planning obligations are enforceable by the planning authority against the person who gives the original obligation and/or their successor/s.

16. Government policy on planning obligations is contained in the Department of the Environment's circular 1/97. Provisions of legal agreements must fairly and reasonably relate to the provisions of the Development Plan and to planning considerations affecting the land. The obligation must also be such as a reasonable planning authority, duly appreciating its statutory duties, can properly impose, i.e. it must not be so unreasonable that no reasonable authority could have imposed it. Before resolving to grant planning permission subject to a legal agreement Members should therefore satisfy themselves that the subject matter of the proposed agreement will meet these tests.

BACKGROUND DOCUMENTS Background Papers Held At Contact Council Assembly Agenda 29th Constitutional Support Beverley May 2002 Services, Olamijulo Southwark Town Hall, 020 7525 7222 Peckham Road SE5 8UB Each application has a separate Council Offices Chiltern The named case planning case file Portland Street Officer as listed or London SE27 3ES Andrew Cook 020 7525 5437

APPENDIX 1

Audit Trail

Lead Officer Deborah Holmes, Borough Solicitor & Secretary

Report Lyn Meadows, Assistant Borough Solicitor Author Chris Thompson, Community Councils Officer

Version Final Dated 11/02/03 Key Decision No Officer Title Comments Comments included Sought Lyn Meadows Asst No Yes Borough Solicitor & Secretary Paul Evans No No Strategic Director of Regeneration Andy Cook No Yes Development & Building Control Manager

ITEMS ON AGENDA OF THE NUNHEAD AND PECKHAM RYE CC on Tuesday 11 November 2003

Appl. Type Full Planning Permission Reg. No. 03-AP-1116 Site 2-6 Sternhall Lane SE15 TP No. TP/2735-1 Ward The Lane Officer Carolyn Turk

Recommendation GRANT Item 1/1 Proposal Construction of a part 3, part 4 storey mixed use development comprising 1 x live/work unit, 1 x Class B1 light industrial unit and 9 flats.

Appl. Type Full Planning Permission Reg. No. 03-AP-1630 Site 1-3 Stuart Road, SE15 TP No. TP/2611-1 Ward Peckham Rye Officer Carolyn Turk

Recommendation GRANT Item 1/2 Proposal Demolition of existing dwellings and construction of a terrace of 6x4 bedroom three storey houses with gardens and a three storey block comprising 6x2 bedroom self contained flats together with associated car parking.

Appl. Type Full Planning Permission Reg. No. 03-AP-0750 Site R/O 57/73 Friern Road, SE22 TP No. TP/2592-71A Ward Peckham Rye Officer Luke Downend

Recommendation GRANT Item 1/3 Proposal Demolition of 20 lock up garages and construction of 5 two storey houses and 5 car parking spaces with associated amenity space and access arrangements.

Appl. Type Full Planning Permission Reg. No. 03-AP-0536 Site 65-71 Kimberley Avenue & 76-84 Evelina Road SE15. TP No. TP/2332-76 Ward The Lane Officer Adrian Dennis

Recommendation GRANT Item 1/4 Proposal Erection of part two, three and four storey development comprising 27 one and two bedroom flats and provision for 12 parking spaces to rear of site.

Appl. Type Full Planning Permission Reg. No. 03-AP-1559 Site 60-62 Queens Road, 62a Queens Road, 21 Woods Road, 23 Woods Road SE15 TP No. TP/2330-60 Ward Nunhead Officer Matthew Mason

Recommendation GRANT SUBJECT TO LEGAL AGREEMENT Item 1/5 Proposal Demolition of existing buildings and erection of a five storey block fronting Queens Road with drive through access and part 2 part 4 storey courtyard block, both buildings comprising a total of 44 flats with 17 car parking spaces, car ports, bin and cycle stores, communal areas and private gardens.

RECOMMENDATION

This document shows the case officer's recommended decision for the application referred to below. This document is not a decision notice for this application

Applicant Cosmur Developments Ltd Reg. Number 03-AP-1116 Application Type Full Planning Permission Recommendation Grant Case TP/2735-1 Number

Draft of Decision Notice

Planning Permission was GRANTED for the following development: Construction of a part 3, part 4 storey mixed use development comprising 1 x live/work unit, 1 x Class B1 light industrial unit and 9 flats.

At: 2-6 Sternhall Lane SE15

In accordance with application received on 05/06/2003 and revisions/amendments received on 18/09/2003 and Applicant's Drawing Nos. E00, E02, E03, E04, E05, E06 (Existing Plans) P02 RevH, P03 RevJ, P04 RevJ, P05 RevH, P06 RevH, P07 RevG, P08 RevG, P09 RevJ, P21 Rev F, P22 RevF, P23 RevF (Proposed Plans)

Subject to the following conditions: 1 The development hereby permitted shall be begun before the end of five years from the date of this permission.

Reason As required by Section 91 of the Town and Country Planning Act 1990.

2 Samples of the roof, walls and windows to be used in the carrying out of this permission shall be submitted to and approved by the Local Planning Authority before any work in connection with this permission is carried out and the development shall not be carried out otherwise than in accordance with any such approval given.

Reason In order that the Local Planning Authority may be satisfied as to the details of the materials in the interest of the appearance of the building in accordance with Policy E.2.3 'Aesthetic Control' of the Southwark Unitary Development Plan.

3 The dwellings hereby permitted shall not be occupied before details of the arrangements for the storing of domestic refuse have been submitted to (2 copies) and approved by the local planning authority and the facilities approved have been provided and are available for use by the occupiers of the dwellings. The facilities shall thereafter be retained for refuse storage and the space used for no other purpose without the prior written consent of the Council as local planning authority.

Reason In order that the Council may be satisfied that suitable facilities for the storage of refuse will be provided and retained in the interest of protecting the amenity of the site and the area in general from litter, odour and potential vermin/pest nuisance in accordance with Policy E.3.1: Protection of Amenity and Policy T.1.3: Design of Development and Conformity with Council's Standards and Controls of Southwark's Unitary Development Plan.

4 The use hereby permitted shall not be commenced before details of the arrangements for the storing of refuse have been submitted to (2 copies) and approved by the Local Planning Authority and the facilities approved have been provided and are available for use by the occupiers and users of the premises. The facilities shall thereafter be retained for refuse storage and the space used for no other purpose without the prior written consent of the Council as local planning authority.

Reason In order that the Council may be satisfied that suitable facilities for the storage of refuse will be provided and retained in the interest of protecting the amenity of the site and the area in general from litter, odour and potential vermin/pest nuisance in accordance with Policy E.3.1: Protection of Amenity and Policy T.1.3: Design of Development and Conformity with Council's Standards and Controls of Southwark's Unitary Development Plan.

5 Details of the vehicle and pedestrian accesses to the site and premises, including full details of the visibility of splays, shall be submitted to (2 copies) and approved by the Local Planning Authority before the development hereby permitted is begun and the development shall not be carried out otherwise than in accordance with any approval given.

Reason In order to that the Council may be satisfied that the proposal will not compromise highway safety in accordance with Policy T.1.3: Design of Development and Conformity with Council's Standards and Controls, Policy T.4.1: Measures for Cyclists and Policy T.2.1: Measures for Pedestrians of Southwark's Unitary Development Plan.

6 Details of the means of enclosure for all site boundaries and terraces shall be submitted to and approved by the local planning authority and the development shall not be carried out otherwise than in accordance with any approval given. The development hereby permitted shall not be occupied until the works approved persuant to this condition have been carried out.

Reason To ensure that the boundary treatments and terrace screening are of an acceptable design and ensure privacy for future occupiers and neighbouring properties.

7 Details of any external lighting [including design, power and position of luminaires] and security surveillance equipment of external areas surrounding the building shall be submitted to (2 copies) and approved by the Local Planning Authority before any such lighting or security equipment is installed and the development shall thereafter not be carried out otherwise than in accordance with any approval given.

Reason In order that the Council may be satisfied as to the details of the development in the interest of the visual amenity of the area, the safety and security of persons using the area and the amenity and privacy of adjoining occupiers in accordance with Policies E.1.1 'Safety and Security in the Environment' and E.3.1 'Protection of Amenity' of the Southwark Unitary Development Plan.

8 The work part of the live/work units hereby approved and shown on the approved drawing number P02 Rev H shall only be used for purposes falling within Class B1 (Business) of the Town and Country Planning (Use Classes) Order 1987 in association with the residential parts of the units as shown on the submitted plans hereby approved and shall not be used for any other purpose.

Reason To protect the amenity of the future occupiers and neighbouring properties.

9 The residential parts of the live/work units hereby approved and shown on the approved drawing number P002 Rev H shall only be used for residential purposes in association with the Work part of the live/work units and shall not be used for any other purpose.

Reason In order to protect the employment element on this site in accordance with UDP policies.

10 In the event that a live/work unit herby approved ceases to be used for live/work purposes the whole of the unit may be used for purposes falling within Class B1 (Business Purposes) of the Town and Country Planning (Use Classes) Order 1987 provided: (a) no part of the unit shall be used for any purpose other than Class B1 and (b) in the event that the use of a unit changes from live/work to wholly Class B1 use pursuant to this condition the unit may not return to use as a live/work unit without the prior written approval of the Local Planning Authority.

Reason In order to protect the employment element on this site in accordance with UDP policies.

11 Detailed drawings showing the internal layout of the live/work units hereby approved shall be submitted to (2 copies) and approved in writing by the Local Planning Authority before any work in connection with this permission is carried out and the development shall not be carried out otherwise than in accordance with any such approval given.

Reason In order to protect the employment element on this site in accordance with UDP policies.

12 Units A and C shown on drawings P02 RevH and P03 RevJ shall only be used for the purpose of Business falling within Class B1 of the Use Classes Order and for no other purpose.

Reason: To ensure that there is no loss of employment floorspace in accordance with Policy B.1.2 of the Southwark Unitary Development Plan.

13 Details of a typical rear second and third floor window to the flats fronting Sternhall Road hereby approved shall be submitted to and approved by the Council as local planning authority prior to work commencing on this part of the development. Such details shall be included on all of the rear windows.

(Note: the windows shall include measures to restrict outlook below a height of 1.8m)

Reason In order to minimise overlooking to the upper floors of properties in Rye Lane, to protect residential amenity in accordance with Policy E.3.1 (Protection of Amenity) of the Southwark Plan as agreed for deposit.

Item No. Classification Decision Level Date

1 OPEN COMMUNITY COUNCIL 11/11/03

From Title of Report

DEVELOPMENT & BUILDING CONTROL DEVELOPMENT CONTROL MANAGER

Proposal (03-AP-1116 ) Address

Construction of a part 3, part 4 storey mixed use 2-6 Sternhall Lane SE15 development comprising 1 x live/work unit, 1 x Class B1 light industrial unit and 9 flats. Ward The Lane

1. PURPOSE

1.1 To determine the above application which is for Community Council consideration due to the number of objections received.

2. RECOMMENDATION

2.1 Grant planning permission.

3. BACKGROUND

3.1 The application site is a 760m2 site currently occupied by three buildings, two on the Sternhall Lane frontage and one to the rear of the site. The ground floor of the larger of the buildings fronting the road and the majority of the building to the rear are occupied for light industrial and warehousing, while the remainder of the rear building is used as a live/work unit. The first floor of the larger building at the front comprises a 5 room flat. The other building to the front is used for light industrial purposes. All buildings are two storey and are arranged around a small open yard with access down the eastern boundary of the site. Overall approximately 20 people are employed on the site, 13 in the hat factory at the front of the site, and the remainder employed in the live/work units.

3.2 The site lies at the eastern end of the street, directly to the rear of the Rye Lane shopping terrace. On the opposite side of the road is a single (industrial height) storey community hall. To the west is a two storey terrace of late Victorian cottages and beyond this is a doctors surgery, also two storeys. On the opposite side of the road from this, a replacement building comprising 6 one-bed houses is nearing completion, and the carpark for this development lies between it and the community hall referred to above. To the north of the site is an architectural salvage yard accessed off Rye Lane. Sternhall Lane itself is particularly narrow at its entrance off Rye Lane, allowing only one-way traffic.

3.3 Planning permission was refused on 30 June 2003 for the demolition of the existing buildings and erection of a part 4 storey (fronting Sternhall Lane), part 3 storey (to the rear of the site) and part 2 storey (including the hallways adjacent to the courtyards on the roof of the ground floor) building, all above a basement level (LBS Reg. 02-AP-0975). The development would have comprised 10 live/work units, and 11 flats. Four of the live/work units would have been in the basement, together with parking for 11 vehicles accessed from a ramp. This was considered to represent an overdevelopment of the site.

3.4 The current proposal reduces the overall scale of development. The scheme will comprises a 4 storey building fronting Sternhall Lane and a part 2 and part 3 storey building to the rear. There would be a reduction in the total number of units, which will now comprise 9 flats, one live/work unit and Class B1 floorspace of 530m2. The basement will include provision for 9 car parking spaces, cycle storage and refuse storage. Access to the site will remain more or less in its present position, adjacent to the eastern boundary.

4. FACTORS FOR CONSIDERATION

4.1 Main Issues

The main issues in this case are the principle of the change of use, the scale and massing of the new buildings and their impact on the streetscene and neighbour's amenity, the standard of accommodation for future occupants and the impact on parking and traffic conditions in the local area.

4.2 Planning Policy

Southwark Unitary Development Plan 1995 [UDP]:

Policy E.1.1: Safety and Security in the Environment: complies as there are front doors flush with main road and a secure basement car park. Policy E.2.1: Layout and Building Line: complies, as the building will follow the building line of the adjoining properties which is generally on the back edge of pavement. Policy E.2.2 Height of buildings: considered to comply, although slightly higher than the houses next door the proposal will relate satisfactorily to exsiting building heights along Rye Lane. Policy E.2.3: Aesthetic Control and SPG1 Design and Layout of Development: complies, the reduction in the size of the scheme has resulted in a more appropriate scale and massing. Policy E.3.1: Protection of Amenity: considered to comply, the building heights to the rear have been reduced to protect neighbour's amenity. Policy H.1.5: Dwelling Mix of New Housing: complies, there is a predominance of two or more bedroom flats. Policy H.1.8: Standards for New Housing and SPG: Standards, controls & guidelines for residential development: complies, will provide good size flats with courtyard amenity space. SPG: Live/work development in Bermondsey Street: complies, with the basic requirements to provide a useable live/work unit. Policy B.1.2: Protection Outside Employment Areas and Sites: compies, will reinstate the majority of B1 floorspace lost as a result of redevelopment of the site. Policy B.1.3: Protection of Warehouses: May meet guidance as the storage areas of the site do not appear to be modern purpose-built accommodation. Policy B.3.1: Access for People with Disabilities: The revised proposal has no lift access to the residential units and therefore would not meet this policy. Policy T.1.3: Design of Development and Conformity with Council’s Standards and Controls: complies with respect to parking and refuse collection.

Draft Southwark Plan [agreed for Deposit November 2002]:

Policy 1.5 'Mixed Use Developments' - does not fully comply in that there will be a small loss of employment floor space, although will bring forward a mixed use proposal with housing. Policy 3.1 'Environmental Effects' - complies, will not introduce significant adverse effects. Policy 3.2 'Protection of Amenity' - considered to comply, will not lead to any significant harm to the amenity of existing neighbouring properties. Policy 3.14 'Quality in Design' - complies, will bring forward a new creative and high quality design which will replace existing warehouse buildings. Policy 3.15 'Urban Design' - considered to comply, the proposal will relate satisfactorily to surrounding development and is generally in keeping with other new developments in the area. Policy 3.16 'Safety in Design' - complies, the basement car park is secured by gates and access to the buildings for pedestrians is directly from the street. Policy 4.1 'Housing Density' - complies, this will bring forward housing as part of a mixed use scheme which acknowledges the degree of accessibility and availability of services. Policy 4.2 'Residential Design Standards' - complies, provides good size flats with terraced amenity spaces. Policy 4.6 'Mix of Dwellings' - complies, provides a predominance of two bed flats. Policy 5.6 'Parking' - complies, provides some parking to meet operational and servicing need.

4.3 Consultations

Site Notice: 26/6/2003 (exp. 17/7/2003) Press Notice: 10/6/2003

Consultees: 178 to 232 (evens), 190a, 192a, 194a, 1st FF 190a, Upper FF 194a, 198a, 198b, 204a Rye Lane Peckham Rye Baptist Church, Sternhall Lane 1 to 12 (cons), 25 Sternhall Lane

Replies from: 27 Sternhall Lane - road width, increased traffic. there are enough industrial sites in the district already. Certainly build homes with parking. 9 Sternhall Lane - objects. Upper Flat, 194a Rye Lane, Peckham, SE15 4NF - the scheme has unacceptable massing and bulk to Sternhall Lane. As a result of the unacceptable massing and bulk the proposed building is out of scale with all else that is on this street frontage. The architect has indicated that their proposal will be a 'harmonious transition' between the building heights on Rye Lane and those along Sternhall Lane. However, the projections to the rear of the buildings on Rye Lane are what forms the transition, the building height proposed on this site should be more consistent with that behind. The materials are are out of sympathy with the existing form of construction of both the Sternhall Lane and Rye Lane buildings. There is the question of overlooking from the new building into the rear bedrooms and living rooms of the Rye Lane properties. Cllr Andy Simmons - The detailed drawings show the height and scale of the development to be totally out of keeping with the neighbouring terraced houses and the style would completely clash with the local area. The height, width and style of the windows is totally out of kilter with the neighbouring terraced houses as is the roof.

5 PLANNING CONSIDERATIONS

Principle of Mixed Use Development

5.1 This site is not located within a designated employment area but is protected under the Adopted Unitary Development Plan by policy B.1.2 'Protection Outside Employment Areas and Sites'. This policy does not support the loss of business floorspace except where the use causes unavoidable nuisance to adjoining properties by reason of noise, vibration or traffic generation or the the site has remained vacant for at least 24 months and there is evidence to show that attempts have been made to market the property. The site does not fall within either of these categories and therefore the existing employment floorspace needs to be re-instated as part of the redevelopment.

5.2 The existing buildings on the site provide approximately 599 square metres of employment floorspace. This proposal will result in the provision of Class B1 floorspace and live/work units, the work element of which is counted towards employment floorspace. This proposal will bring forward approximately 530 square metres of modern employment floorspace which, although below that currently on the site is considered acceptable given the layout and design of the development. It is likely that the new space could accommodate a greater number of staff due to the fact that it is purpose built, modern and has servicing areas and lift access to accommodate a wide range of business uses.

Scale, Massing and Design

5.3 The previous proposal, which was for a predominantly three storey building close to the boundary of properties in Rye Lane, was considered to be a significant overdevelopment of the site. The current scheme reduces the height of the development near the boundary so that it is now lower than the existing building at this point. The height increases to three storeys at a distance of 11 metres from the rear windows of the flats on Rye Lane. It is considered that the scale and massing has been modified sufficiently to respect the amenity of the neighbouring properties and better address the constraints of the site.

With regard to the relationship to the street, the new building will be taller than 5.4 the houses to the west and step-up towards the larger properties fronting Rye Lane. The top floor is set back to reduce the apparent height of the development when viewed from the street. Existing buildings in Rye Lane will provide a backdrop for the development which will mean that it will not stand proud of surrounding development and should be of an acceptable scale and massing for this location.

The reduction in the scale of the building has also resulted in a reduction in the 5.5 density of development'from 711 to 474 habitable rooms per hectare. This is considered more appropriate to this part of the borough and the immediate context.

The design is clearly contemporary with strong horizontal lines and bold 5.6 detailing, and use of copper, glazing, render and metail windows as materials. Whilst this is different from immediate neighbours, this area has a variety of building styles. Thi is not a conservation area and a modern approach is considered acceptable.

Neighbour's Amenity

Two key areas of concern associated with the previous scheme were the scale 5.7 of development in relation to the rear windows of 194 and 196 Rye Lane and the terrace of houses in Sternhall Lane.

The amendments will result in a reduction in the height of development on the 5.8 boundary with properties in Rye Lane and therefore an improved outlook for the occupiers of those properties. Rear facing second and third windows of the proposed flats facing Sternhall Lane will be set at high level thereby avoiding loss of privacy to neighbour's own rear facing windows. At first floor level the walled terraces should ensure that there is no direct overlooking between properties. It is considered that the revised plans address previous concerns about neighbour's amenity. A condition is recommended for further details of rear windows to ensure that they are designed so that no significant overlooking can arise.

In relation to the house next door at 7 Sternhall Lane there have also been 5.9 some amendments which will address neighbour's amenity. The courtyard garden at ground floor level has been increased in size and the building at ground, first and second floor level will not project beyond the rear building line of the neighbouring house.

While the proposed building will be higher than the houses facing Sternhall 5.10 Lane the building footprint and location of windows will mean that the proposal is unlikely to have a detrimental impact on the amenity of neighbouring properties.

Standard of Accommodation

The Council's minimum room size standards are met and in most cases 5.11 exceeded, providing a good standard of accommodation. Each flat is provided with a private amenity space which is screened from neighbouring terraces therefore ensuring privacy for future occupants. It is likely given the type of space provided that the Class B1 space will be suitable for office or light industrial use and is therefore unlikely to create a nuisance for future residents.

The one live/work unit will provide 60 square metres of work space and 45 square metres of live space which complies with Council's live/work policy and 5.12 the residential design guidelines. The location of the unit also provides a good buffer between the residential part of the site and the employment part of the site as it is located between the two.

Car parking

Transport group has not raised objection to the proposal but will require amendments to the design in relation to the crossover and sight lines. These 5.13 matters can be addressed by condition. The proposal will provide 9 car parking spaces which represents approximately an 80% level of provision. This is considered acceptable given the sites proximity to public transport facilities.

Conclusion

The amended proposal represents a signficant reduction in the amount of development on this site. While the scale of the building to Sternhall Lane has 5.14 not reduced considerably, the changes to the height and density of development to the rear of the site are a significant improvement. The proposal will ensure that the Class B1 floorspace lost as part of the redevelopment is re-instated. The proposal now meets the policies of the adopted and emerging UDP and subject to details will provide an attractive contemporary building to Sternhall Lane.

6. EQUAL OPPORTUNITY IMPLICATIONS

6.1 While the Class B1 floorspace has lift access there is no lift access to the residential units and therefore they would not be suitable for people with mobility difficulties.

7. LOCAL AGENDA 21 [Sustainable Development] IMPLICATIONS

7.1 The proposal will make better use of existing previously-developed urban land with good access to public transport and services.

LEAD OFFICER Andrew Cook Development and Building Control Manager REPORT AUTHOR Carolyn Turk [tel. 020 7525 5421] CASE FILE TP/2735-1 Papers held at: Council Offices, Chiltern, Portland Street SE17 2ES [tel. 020 7525 5402]

RECOMMENDATION

This document shows the case officer's recommended decision for the application referred to below. This document is not a decision notice for this application

Applicant Wandle Housing Association Reg. Number 03-AP-1630 Application Type Full Planning Permission Recommendation Grant Case TP/2611-1 Number

Draft of Decision Notice

Planning Permission was GRANTED for the following development: Demolition of existing dwellings and construction of a terrace of 6x4 bedroom three storey houses with gardens and a three storey block comprising 6x2 bedroom self contained flats together with associated car parking.

At: 1-3 Stuart Road, SE15

In accordance with application received on 19/08/2003 and revisions/amendments received on 19/09/2003 and Applicant's Drawing Nos. 001 revision J, 002 revision B, 003 revision B Subject to the following conditions: 1 The development hereby permitted shall be begun before the end of five years from the date of this permission.

Reason As required by Section 91 of the Town and Country Planning Act 1990.

2 Samples of the brick, roof and timber cladding to be used in the carrying out of this permission shall be submitted to and approved by the Local Planning Authority before any work in connection with this permission is carried out and the development shall not be carried out otherwise than in accordance with any such approval given.

Reason In order that the Local Planning Authority may be satisfied as to the details of brick, roof and timber cladding in the interest of the appearance of the building in accordance with Policy E.2.3 'Aesthetic Control' of the Southwark Unitary Development Plan.

3 Notwithstanding the provisions of Schedule 2, Part 1 of the Town and Country Planning General Permitted Development Order (or amendment or re-enactment thereof) no extension, enlargement or other alteration of the premises shall be carried out to the houses, without the prior written consent of the Council, to whom a planning application must be made.

Reason To ensure that any extensions or alterations to the houses are of an appropriate scale and form and to ensure that the proposal does not impact on the amenity of the adjoining properties.

4 Detailed drawings of a landscaping scheme (2 copies), including provision for the planting of suitable trees and shrubs, showing the treatment of all parts of the site not covered by buildings (including surfacing materials of any parking, access, or pathways) shall be submitted to and approved by the Council before the development hereby permitted is begun and the landscaping scheme approved shall thereafter be carried out in the first appropriate planting season following completion of the building works.

Reason To ensure that an appropriate landscaping scheme is implemented for the site in accordance with Policy E.2.3 'Aesthetic Control' of the Southwark Unitary Development Plan.

5 The development hereby permitted shall not be occupied until the landscaping approved, either as part of this consent or by subsequent approval, has been carried out.

Reason To ensure that the landscaping is carried out in accordance with the approved plans.

6 Details of the means by which the existing trees on the site are to be protected from damage by vehicles, stored or stacked building supplies, waste or other materials, and building plant or other equipment shall be submitted (2 copies) to and approved by the Local Planning Authority before any work is begun, and such protection shall be installed and retained throughout the period of the works.

Reason To ensure that the existing mature trees on site are protected during the carrying out of the building works.

7 Any tree or shrub required to be retained or to be planted as part of a landscaping scheme approved, either as part of this decision or arising from a condition imposed as part of this decision, that is found to be dead, dying, severely damaged or seriously diseased within two years of the completion of the building works OR two years of the carrying out of the landscaping scheme (whichever is later), shall be replaced by specimens of similar or appropriate size and species in the first suitable planting season.

Reason To ensure that the landscaping plan is implemented and maintained in accordance with the approved drawings.

8 No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted (2 copies) by the applicant and approved by the Local Planning Authority.

Reason In order that the archaeological operations are undertaken to an acceptable standard and that legitimate archaeological interest in the site is satisfied.

9 No development shall take place until a detailed scheme (2 copies) showing the scope and arrangement of foundation design and all new groundworks, which may have an impact on archaeological remains, has been approved in writing by the Local Planning Authority and that the scheme will be monitored by the Council.

Reason To ensure that archaeological remains are not disturbed or damaged by foundations and other groundworks but are, where appropriate, preserved in situ.

10 The cycle storage facilities as shown on drawing 001 Revision H shall be provided before the units hereby approved are occupied and thereafter such facilities shall be retained and the space used for no other purpose without prior written consent of the local planning authority.

Reason To ensure that satisfactory safe and secure bicycle parking is provided and retained for the benefit of the users and occupiers of the building in order to encourage the use of alternative means of transport and to reduce reliance on the use of the private car in accordance with Policy E.3.1 'Protection of Amenity' and T.1.3 'Design in Conformity with Council Standards' of the Southwark Unitary Development Plan.

Item No. Classification Decision Level Date 2 OPEN COMMUNITY COUNCIL 11/11/03

From Title of Report

DEVELOPMENT & BUILDING CONTROL DEVELOPMENT CONTROL MANAGER

Proposal (03-AP-1630 ) Address

Demolition of existing dwellings and construction of a 1-3 Stuart Road, SE15 terrace of 6x4 bedroom three storey houses with gardens and a three storey block comprising 6x2 bedroom self contained flats together with associated Ward Peckham Rye car parking.

1. PURPOSE

1.1 To determine the above application which is for the consideration of the Community Council due to the number of objections received.

2. RECOMMENDATION

2.1 Grant planning permission

3. BACKGROUND

3.1 This site already has planning permission for the erection of 8 houses with associated carparking (02-AP-1042). The houses comprised 3 x 6 bed houses and 5 x 5 bed houses. All the houses were for affordable housing provision, which came forward as a result of development on the former Thames Water site, Borland Road. The site is to be developed by Wandle Housing Association following transfer of the land and a substantial payment to build out the scheme by St James Homes. The new owners of the land have considered the number and size of the houses approved and are proposing changes to facilitate a better dwelling mix and design for their needs. The changes will result in a reduction in the building footprints and building heights although the layout is substantially the same. The main change is to the dwelling mix and architectural design.

3.2 The new application is for 6 x 4 bed houses and 6 x 2 bed flats, again arranged in two blocks. There will be 9 car parking spaces in the same location as those previously approved. Four large trees on the western side of the site adjacent to the rear gardens of Elland Road properties are to be protected and retained. The new application is for a terrace of six houses facing Stuart Road and a block of 6 flats to the rear. Both will be constructed in red brick with render panels and timber doors. The proposal will result in an increase in the number of habitable rooms from 59 to 66, which represents an increase in the provision of affordable housing across the two sites from 33% (which is the minimum for off-site provision) to 37%.

4. FACTORS FOR CONSIDERATION

4.1 Main Issues

The main issues in this case are the impact the changes will have on the streetscene and neighbour's amenity, the merit of the changes to the architectural design of the buildings and the impact the increase in the number of dwelling units will have on on-site parking provision.

4.2 Planning Policy

Southwark Unitary Development Plan 1995 [UDP]:

Policy E.1.1: 'Safety and Security in the Environment' - complies, adequate security provided through Secure by Design compliance. Policy E.2.1: 'Layout and Building Line' - complies, similar building line and form to neighbouring houses. Policy E.2.2: 'Building Height' - complies, will result in a reduction to the building height previously approved and will be consistent with building heights in the street generally. Policy E.2.3 'Aesthetic Control' - complies, simple contemporary architecture. Policy E.2.4 'Access and Facilities for People with Disabilities' - complies, houses to life time homes standard. Policy E.3.1 'Protection of Amenity' - complies, no undue overlooking or overshadowing of neighbouring properties. Policy E.5.1: Sites of Archaeological Importance: Complies, condition required to undertake archaeological investigations prior to commencement of development. Policy C.5.6: Metropolitan Open Land: complies, proposal does not alter existing character or use of MOL. Policy C.5.7: Use of Metropolitan Open Land: complies, proposal does not change existing use of MOL. Policy H.1.4: Affordable Housing: complies, will provide a small increase in the number of dwelling units able to be used for affordable housing Policy H.1.5: Dwelling Mix of New Housing: complies, provides houses with gardens and flats. Policy H.1.6: Sites Suitable for Houses with Gardens: complies, provides houses with gardens which will meet housing need. Policy H.1.7: Density of New Residential Development: complies, will be similar to that previously approved on this site. Policy H.1.8: Standards for New Housing: complies with room size requirements, slightly below standard on some garden sizes and depths. Policy H.1.10: Provision of Housing to Mobility and Wheelchair Standards: complies, is designed to life time homes standard. Policy T.1.2: Location of Development in Relation to the Transport Network: poorly sited to public transport network, limited bus services. Policy T.1.3: Design of Development and Conformity with Council Standards and Controls: complies, provides adequate on-site car parking to meet occupants need. Policy T.6.2: Off-Street Parking: complies, will meet the parking demand generated by an affordable housing scheme of this size.

Draft Southwark Plan [agreed for Deposit November 2002]:

Policy 3.1 'Environmental Effects' - Policy 3.2 'Protection of Amenity' - Complies, no undue overlooking or overshadowing of neighbouring properties. Policy 3.7 'Archaeology' - Complies, condition required to undertake archaeological investigations prior to commencement of development. Policy 3.8 'Metropolitan Open Land' - Complies, proposal does not alter existing character or use of MOL. Policy 3.14 'Quality in Design' - complies, will provide a high quality architectural and urban design. Policy 3.15 'Urban Design' - complies, the scale and massing of the building is appropriate to the size of the site and locality. Policy 3.16 'Safety in Design' - complies, will meet secure by design standards. Policy 4.1 'Housing Density' - complies, will result in a more efficient use of urban land. Policy 4.2 'Residential Design Standards' - complies, will provide a good standard of accommodation and amenity space. Policy 4.4 'Affordable Housing Provision' - complies, will provide a small increase in the number of dwelling units able to be used for affordable housing. Policy 4.6 'Mix of Dwellings' - complies, will provide a mix of houses and flats. Policy 5.6 'Parking' - complies, will meet the parking demand generated by an affordable housing scheme of this size.

Other Material Considerations:

PPG 1 General Policies and Principles: This document supports the provision of affordable housing, and meeting a mixture of housing needs, with preference for developing on brownfield land and sites with good accessibility. PPG 3 Housing: This guidance recognises the need for Local Planning Authorities to provide more housing within the borough and make better use of under-utilised urban sites. PPG 13 Transport: This document reiterates the need to make efficient use of urban land with density between 30 to 50 dwellings per hectare.

4.3 Consultations

Site Notice: 27/8/03 (exp. 17/9/03) Press Notice: 26/8/03

Consultees: 261, 263 Peckham Rye 1, 2,3, 4, 15, 16, 17, 18, 19, 20 Elland Road 21-47 (odds) Stuart Road 1-10 (incl) Elmhurst Villas, Peckham Rye 2-10 (evens) Cheltenham Road 1-18 (incl.) Priory Court, Cheltenham Road 57 Stuart Road 36 Borland Road 3 Inverton Villas 8 Sartor Road 43, 31, 14 Limesford Road 22 Bellwood Road Cllrs Banya, Barnard, Smeath, c/- Members Room, Southwark Town Hall

Replies from: 18 Elland Road - As before I am very concerned about the number of dwelling planned for this small area. It would mean at least another 12 cars in this already congested area. This area is becoming very congested and noisy and we do not need this additional number of dwellings. Would like to see the existing trees kept as previously agreed and the number of dwellings drastically reduced. 41 Stuart Road - Matters of traffic, noise and how the existing area will be affected are all issues that need to be considered given the current Borland Road scheme, plans to redevelop the Stuart Road factory and plans for 1-3 Stuart Road. Would like to know when will someone consider the environmental effect on this once pleasant area. 3 Elland Road - Pleased to note that the existing mature trees are retained and new ones planted. However, concerned that there is not enough provision of off street parking. Also concerned about the increased traffic to the area and would like to see a safe pedestiran/cycle crossing across Cheltenham Road.

5 PLANNING CONSIDERATIONS

Layout and Design

5.1 This proposal is not dissimilar to the previously approved scheme for this site. The building footprint and building form is consistent with the already approved arrangement, indeed there is a slight reduction in the building footprints and their overall heights. The proposal follows a similar building line to the houses to the east facing Stuart Road and therefore complies with policies E.2.1 'Layout and Building Line' and E.2.2 'Building Height' of the UDP.

5.2 The architectural design of the development differs from that previously approved, being of a simple, contemporary style but with a more diverse mix of materials including red and orange brick, white render, cedar timber cladding and eternit roof tiles.

Affordable Housing and Dwelling Mix

5.3 The revised scheme will result in some improvements to the dwelling mix as there will now be some smaller two bedroom flats. A significant amount of objection was raised previously to the high number of large houses on this site. However, the scheme will still provide for some large houses with gardens for which there is a known demand within Southwark.

5.4 The revised mix will result in a slight increase in the number of habitable rooms and therefore a small increase in the proportion of affordable housing across the two sites, from 33% to 37%, as measured by habitable rooms. In this respect the amended proposal now exceeds the Council's affordable housing policy requirement.

Car parking

5.5 9 car parking spaces will be provided to the rear of the site, in the same location as envisgaed previously. This represnts a 75% level of off-street parking provision, which is considered sufficient taking into account the likely needs of the future occupants and emerging government guidance. Parking demand for housing association tenants is generally less than that for market housing. Traffic Group has raised no objection given the sites location outside of a Controlled Parking Zone.

5.6 In addition to the on-site car parking provision there is also adequate cycle parking provision made. Each house has its own garden shed and the flats have a shared secure and covered bike store.

Impact on Neighbour’s Amenity

5.7 It is considered that the amended proposal will not have any significant impact on the amenity of neighbouring properties. The revised scheme increases the gap between the sides of the two new blocks and existing houses in Elland Road to the west. As per the previous scheme the existing trees along the western boundary will be retained to provide screening to the rear gardens of houses in Elland Road. The proposed end of terrace house facing Stuart Road will have only a bathroom window on its western side elevation and this will be obscure glazed. Overall, the revised layout is considered sympathetic to the amenity of neighbouring properties and will not lead to any undue overlooking, overshadowing or loss of outlook.

6. EQUAL OPPORTUNITY IMPLICATIONS

6.1 The dwellings are designed to lifetime homes standard.

7. LOCAL AGENDA 21 [Sustainable Development] IMPLICATIONS

7.1 The proposal will make better use of existing urban land.

LEAD OFFICER Andrew Cook Development and Building Control Manager REPORT AUTHOR Carolyn Turk [tel. 020 7525 5421] CASE FILE TP/2611-1 Papers held at: Council Offices, Chiltern, Portland Street SE17 2ES [tel. 020 7525 5402]

RECOMMENDATION

This document shows the case officer's recommended decision for the application referred to below. This document is not a decision notice for this application

Applicant London & Quadrant Housing Trust Reg. Number 03-AP-0750 Application Type Full Planning Permission Recommendation Grant Case TP/2592-71A Number

Draft of Decision Notice

Planning Permission was GRANTED for the following development: Demolition of 20 lock up garages and construction of 5 two storey houses and 5 car parking spaces with associated amenity space and access arrangements.

At: R/O 57/73 Friern Road, SE22

In accordance with application received on 10/04/2003 and Applicant's Drawing Nos. 8942_plots3-5_mdt.A, 8942_plots1-2_mdt.A, 8942_site plan_mdt.B Subject to the following conditions: 1 The development hereby permitted shall be begun before the end of five years from the date of this permission.

Reason As required by Section 91 of the Town and Country Planning Act 1990.

2 Details of the facing and roofing materials (2 copies) to be used in the carrying out of this permission shall be submitted to and approved by the Local Planning Authority before any work in connection with this permission is carried out and the development shall not be carried out otherwise than in accordance with any such approval given.

Reason In order that the Local Planning Authority may be satisfied as to the details of the elevations and roofing in the interest of the appearance of the building in accordance with Policy E.2.3 [Aesthetic Control] of the Southwark Unitary Development Plan and Policy 3.14 of the emerging Southwark Plan.

3 The dwellings hereby permitted shall not be occupied before details of the arrangements for the storing of domestic refuse have been submitted to (2 copies) and approved by the local planning authority and the facilities approved have been provided and are available for use by the occupiers of the dwellings. The facilities shall thereafter be retained for refuse storage and the space used for no other purpose without the prior written consent of the Council as local planning authority.

Reason In order that the Council may be satisfied that suitable facilities for the storage of refuse will be provided and retained in the interest of protecting the amenity of the site and the area in general from litter, odour and potential vermin/pest nuisance in accordance with Policy E.3.1 [Protection of Amenity] and Policy T.1.3 [Design of Development and Conformity with Council's Standards and Controls] of Southwark's Unitary Development Plan and Policy 3.2 [Protection of Amenity] and Supplemetary Planning Guidance for Parking, Design and Residential Standards of the emerging Southwark Plan.

4 Details of facilities for the composting of organic waste and the collection of rainwater for recycling shall be submitted to and approved by the Local Planning Authority. No occupation shall take place until any provision as may have been approved is in place.

Reason In order to ensure that these facilities are provided for future householders, in the interests of sustainable development.

5 Details of a survey and investigation of the soil conditions of the site (2 copies), sufficient to identify the nature and extent of any soil contamination, together with a schedule of the methods by which it is proposed to neutralise, seal, or remove the contaminating substances, shall be submitted to and approved by the Local Planning Authority and thereafter shall be carried out before any works in connection with this permission are begun.

Reason In order to protect construction employees and future occupiers of the site from potential health-threatening substances in the soil in accordance with Policy E.1.1 [Safety and Security in the Environment] of Southwark's Unitary Development Plan and Policy 3.16 [Safety in Design] of the emerging Southwark Plan.

6 Details of a measured site survey showing the position of the proposed buildings shall be submitted to and approved by the Local Planning Authority before the works to implement this permission are begun and the development shall not be carried out otherwise than in accordance with the approval given.

Reason This site is of restricted dimensions and it is necessary to ensure that the development can be accommodated as shown on initial plans, in the interests of the amenity of neighbouring occupiers.

7 Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order (or amendment or re-enactment thereof) no extension, enlargement or other alteration of the premises, including the insertion of windows, shall be carried out to the houses hereby approved, without the prior written consent of the Council, to whom a planning application must be made.

Reason The houses are located on restricted plots and no further enlargement or alteration should take place without further consideration by the Council as local planning authority, in order to protect the amenity of neighbouring residents, in accordance with Policy E.3.1 (Protection of Amenity) of the Southwark Adopted UDP.

8 The windows in the side elevations shall be finished with obscure glazing and have restricted opening so as not to cause overlooking of neighbouring gardens. The windows shall be maintained with obscure glazing and restricted opening at all times that the houses are occupied.

Reason In order to protect neighbouring gardens from overlooking, in the interests of protecting their amenity and in accordance with Policy E.3.1 [Protection of Amenity] of the Southwark Unitary Development Plan and Policy 3.2 [Protection of Amenity] of the Draft Southwark Plan.

9 The car parking hereby permitted shall not be used for any purpose other than incidental to the houses hereby approved and no trade or business shall be carried on therefrom. They shall be retained solely for residential parking at all times that the houses are occupied.

Reason In order to ensure that adequate off street parking is provided for these new houses and to minimise overspill parking on local streets.

Informatives 1 Refuse storage accommodation must conform to BS 5906 and be formally approved by Council. You are advised to consult the Council's Waste Management, Manor Place Depot, 34-36 Penrose Street, SE17 3DW telephone (020) 7525 2399 with regard to how best comply with the terms of Condition 3 of this permission.

2 The developer should consult the Environment & Leisure Department to agree how the Council's Code of Construction Practice will be applied to the proposed development. Please contact the Pollution section, Chaplin Centre, Thurlow Street, SE17 (tel: 020 7525 5000).

3 The developer should contact the Environment & Leisure Department to obtain consent in respect of the construction works in accordance with Control of Pollution Act 1974 - Section 61. Contact: Pollution Section, Chaplin Centre, Thurlow Street, SE17 (tel: 020 7525 5000).

4 All samples submitted must be clearly labelled with the LBS Reference Number of the original application and the address of the application site.

Item Number Classification Decision Level Date

3 OPEN COMMUNITY COUNCIL 11/11/03

From Title of Report

DEVELOPMENT AND BUILDING CONTROL MANAGER DEVELOPMENT CONTROL

Proposal (03-AP-0750 ) Address

Demolition of 20 lock up garages and construction of R/O 57/73 Friern Road, SE22 5 two storey houses and 5 car parking spaces with associated amenity space and access arrangements. Ward Peckham Rye

1. PURPOSE

1.1 To consider the above application which is for decision by the Community Council due to the number of objections received.

2. RECOMMENDATION

2.1 Grant planning permission.

3. BACKGROUND

3.1 The application site comprises a 1,380 sq.m back land area bounded by the rears of 57 to 73 Friern Road to the east, 96 to 126 Upland Road to the north and west and 188 Underhill Road (Lew Evans House) to the south. On the site are 20 single storey lock up garages. These do not appear to be in every day use and many of them are in a poor state of repair.

3.2 There has been a previous application here for 8 three bedroom houses. This was withdrawn as it was considered that the access road could not be used safely by the volume of traffic that 8 houses would generate. The Council's Traffic Group advised that the maximum number of dwellings appropriate for this site would be 5 in number. The current application is for 5 single family dwellings.

3.3 The houses would be built for Tower Homes Housing Association. The form of the development comprises a terrace of three houses which would be located at the northern end of the site and a pair of semi-detached houses located at the southern end. The Traffic Group asked for a reduction in parking spaces to 5 (7 spaces were originally proposed) in order to restrict the amount of traffic going up and down the access road. There are now two spaces proposed within the central courtyard, two forecourt spaces and a side car port.

3.4 One of the houses has been specially designed for a wheelchair user.

4. FACTORS FOR CONSIDERATION

4.1 Main Issues

The main considerations in the determination of this application are the impact of the development on the amenity of neighbouring occupiers in terms of sun and daylight, overlooking and local parking, compliance with usual standards for new dwellings of this type, and whether the access road is satisfactory in terms of vehicle movements.

4.2 Planning Policy

Southwark Unitary Development Plan 1995 [UDP]: Policy E.1.1 [Safety and Security in the Environment]: Complies, appropriate layout. Policy E.2.3 [Aesthetic Control]: Complies, buildings of appropriate height, scale, layout and design for area. Policy E.3.1 [Protection of Amenity]: Complies, no loss of amenity to neighbouring occupiers. Policy H.1.8 [Standards for New Housing]: Complies, criteria met. Supplementary Planning Guidance No.5 [Housing]: Complies as above. Policy T.6.3 [Parking Spaces in New Developments]: Complies, standards met.

Draft Southwark Plan [agreed for Deposit November 2002]: Policy 3.2 [Protection of Amenity]: Complies. Policy 3.14 [Quality in Design]: Complies. Policy 3.16 [Safety in Design]: Complies. Policy 4.2 [Residential Design Standards]: Complies. Policy 5.5 [Parking]:Complies.

4.3 Consultations

Site Notice: 07/05/03

Consultees: LBS Traffic: No objection to amended scheme

Replies from: The objections from neighbouring occupiers, 47 in total, have been summarised in appendix 1 to this report. The key objections are as follows:

Inadequate access to the site; problems with larger vehicles such as delivery lorries and refuse removal. Impact on parking within the neighbourhood. Impact upon security in the neighbourhood. Loss of amenity to adjacent houses through increased noise, overlooking and loss of light.

5 PLANNING CONSIDERATIONS

Access to the Site 5.1 The site is accessed by a private road measuring approximately 43 metres in length. The road was previously used to access 20 lockup garages and is of a width (approximately 2.4m) considered sufficient for a residential development of this size. Many of the letters of objection raise concern about the adequacy and safety of this access road.

5.2 The road would comprise a shared surface for both pedestrian and vehicular use. As only 5 houses are proposed, it is considered that the volume of vehicles and number of pedestrians accessing the development would be at a significantly lower level than the previous use of the site. The Traffic Group have advised that the 5 parking spaces proposed meet usual standards and the access would be able to accommodate this level of traffic movements.

5.3 Many of the neighbours have expressed concerns over emergency vehicle assess. The houses would have to be constructed in accordance with current Building Regulations including Approved Document B - Fire Safety, and the applicant has consulted the London Fire Brigade for advice. It is understood that dry risers will be required in strategic positions on the site which will meet the required fire safety standards. It is also considered that the access to the site for paramedics is less restricted than in many housing estates and high rise blocks. Whilst matters such as fire and emergency vehicle access is not strictly controlled under the Planning Acts, the information provided indicates that satisfactory provision has been made and that subject to complying with the Fire Brigade's requirements, the site would comply with safety standards.

Parking provision 5.4 One parking space per unit is provided. This is considered to be acceptable in this location, although it does exceed the Council's new standards for parking. However, parking overspill on local streets has been raised by neighbours and a lower number of spaces could potentially lead to more parking congestion on local streets.

Impact on amenity of neighbours 5.5 The proposed dwellings are two storey modern brick properties with hipped tile roofs that slope at an angle of 35 degrees. The nearest rear windows of the neighbouring properties on Friern Road would be located between 20 and 22 metres from the flank walls of the proposed housing, the nearest rear windows of the neighbouring properties on Upland Road would be between 13 and 15 metres. The distance is such that the development comfortably complies with the BRE guidelines for sun lighting and day lighting.

5.6 Given this, it is considered that there would be no loss of amenity to the neighbouring occupiers though either loss of light or overlooking. The flank walls of the proposed houses adjacent to neighbouring gardens do not contain any habitable room windows: the only windows are small and serve bathrooms and are conditioned to be obscured glazed and restricted opening.

5.7 The proposed houses are set off the boundaries with neighbouring houses by around between 1.5m and 1.8m. Whilst the neighbours will certainly be aware of the houses at the end of their gardens, the properties are two storeys with hipped roofs sloping away into the centre of the site. Boundary walls to the site will be maintained and/or made up to a height of 1.8m. It is not considered that the form of the development will significantly detract from the amenity of neighbours in terms of shadowing and sense of enclosure, given the length of their gardens.

Standards for New Dwellings 5.8 The proposal meets and exceeds the required floor areas for dwellings of this size. There is sufficient windows provision, adequate ceiling heights, storage space and amenity space provision. The design of the buildings is considered acceptable given this is a backland site with no long views into or out of, and as such a simple modern design is appropriate.

5.9 Previously the occupants of the property were to take their refuse to the entrance of the private road for collection once a week. London and Quadrant Housing Association as landlords were to incorporate a code of conduct within the tenancy agreement for the collection, positioning and removal of bins. Whilst this would have been a small inconvenience for future occupiers of the houses, the Waste Management Team were satisfied that there is adequate storage provision and space for the refuse vehicles to turn safely at the entrance. However the issue of refuse collection has been raised by a number of objectors and in order to try and alleviate concerns the Housing Association has undertaken to employ a Service Contractor who will be responsible for delivering bins to the collection point and returning them to each house on the day of delivery. This service would also be provided for recycling.

5.10 To conclude, the proposal is a small scale residential scheme providing much needed affordable accommodation for families within the borough. The use of the site for residential purposes is appropriate within the context of the surrounding area and preferable to the lock up garage use which would create a greater disturbance and nuisance to neighbouring occupiers, and potentially generate significantly more car and pedestrian movements in the access way. The relevant planning policies of the current Unitary Development Plan and emerging Southwark Plan have been satisfactorily addressed therefore a recommendation is made to approve the scheme.

6. EQUAL OPPORTUNITY IMPLICATIONS

6.1 Would provide family sized affordable accommodation, and a house adapted for a wheel chair user.

7. LOCAL AGENDA 21 [Sustainable Development] IMPLICATIONS

7.1 Re-use of brown field land for housing development.

LEAD OFFICER Andrew Cook Development and Building Control Manager REPORT AUTHOR Luke Downend Planning Officer [tel. 020 7525 5419] CASE FILE TP/2592-71A Papers held at: Council Offices, Chiltern, Portland Street SE17 2ES [tel. 020 7525 5402]

RECOMMENDATION

This document shows the case officer's recommended decision for the application referred to below. This document is not a decision notice for this application

Applicant Mr I McPherson Reg. Number 03-AP-0536 Hyde Housing Association Application Type Full Planning Permission Recommendation Grant Case TP/2332-76 Number

Draft of Decision Notice

Planning Permission was GRANTED for the following development: Erection of part two, three and four storey development comprising 27 one and two bedroom flats and provision for 12 parking spaces to rear of site.

At: 65-71 Kimberley Avenue & 76-84 Evelina Road SE15.

In accordance with application received on 07/03/2003 and revisions/amendments received on 25/03/2003 24/04/2003 13/08/2003 and Applicant's Drawing Nos. 0139 SV(0)001; 0139P(0)001, 002a, 003a, 004b, 005a, 006, 007a, 009; 7343/T/01-01 and 616.01. Photo impressions of proposed buildings. Subject to the following conditions: 1 The development hereby permitted shall be begun before the end of five years from the date of this permission.

Reason As required by Section 91 of the Town and Country Planning Act 1990.

2 Detailed drawings of a landscaping scheme, including provision for the planting of suitable trees and shrubs (including the replacement of trees lost by this development), showing the treatment of all parts of the site not covered by buildings (including surfacing materials of any parking, access, or pathways) shall be submitted to and approved by the Council before the development hereby permitted is begun and the landscaping scheme approved shall thereafter be carried out in the first appropriate planting season following completion of the building works.

Reason In order to ensure that the Council are satisfied that a suitable standard of visual appearance of the development and quality of the external spaces is achieved, in accordance with Policy E.2.5 'External Space' of the Southwark Unitary Development Plan.

3 Samples of the facing and roofing materials to be used in the carrying out of this permission shall be submitted to and approved by the Local Planning Authority before any work in connection with this permission is carried out and the development shall not be carried out otherwise than in accordance with any such approval given.

Reason In order that the Local Planning Authority may be satisfied as to the details of facing and roofing materials in the interest of the appearance of the building in accordance with Policy E.2.3 'Aesthetic Control' of the Southwark Unitary Development Plan.

4 The use hereby permitted for residential purposes shall not be begun until full particulars and details of a scheme to insulate the premises against the transmission of external airborne and impact sound has been submitted to and approved by the Local Planning Authority and the development shall not be carried out otherwise than in accordance with any approval given.

Reason In order to protect future occupiers from noise nuisance arising from the proximity to the railway lines and road traffic in accordance with Policy E.3.1: Protection of Amenity of Southwark's Unitary Development Plan and Planning Policy Guidance 24 Planning and Noise.

5 The refuse storage arrangements shown on the approved drawings shall be provided and available for use by the occupiers of the dwellings before those dwellings are occupied and the facilities provided shall thereafter be retained and shall not be used or the space used for any other purpose without the prior written consent of the Council as local planning authority.

Reason In order that the Council may be satisfied that the refuse will be appropriately stored within the site thereby protecting the amenity of the site and the area in general from litter, odour and potential vermin/pest nuisance in accordance with Policy E.3.1: Protection of Amenity and Policy T.1.3: Design of Development and Conformity with Council's Standards and Controls of Southwark's Unitary Development Plan.

6 Details of the vehicle and pedestrian access to the site and premises, including full details of the visibility of splays and parking arrangements, shall be submitted to and approved by the Local Planning Authority before the development hereby permitted is begun and the development shall not be carried out otherwise than in accordance with any approval given.

Reason In order to that the Council may be satisfied that the proposal will not compromise highway safety in accordance with Policy T.1.3: Design of Development and Conformity with Council's Standards and Controls, Policy T.4.1: Measures for Cyclists and Policy T.2.1: Measures for Pedestrians of Southwark's Unitary Development Plan.

7 The whole of the car parking shown on the drawings hereby approved, or approved subsequently in accordance with any condition of this permission, shall be made available, and retained for the purposes of car parking for vehicles of the residential occupiers of this development and no trade or business shall be carried on therefrom.

Reason So that the Council can be satisfied that the development will not result in on-street parking congestion, in accordane with Policy T.1.3 'Design of Development and Conformity with Council Standards' of the Southwark Unitary Development Plan.

8 Details of the means by which the existing trees on the site, and adjoining the boundary of the site, are to be protected from damage by vehicles, stored or stacked building supplies, waste or other materials, and building plant or other equipment shall be submitted to and approved by the Local Planning Authority before any work is begun, and such protection shall be installed and retained throughout the period of the works.

Reason In order to ensure that the trees to be retained on and adjoining the site shall not be destroyed or damaged by building works during construction.

9 Any tree or shrub required to be retained or to be planted as part of a landscaping scheme approved, either as part of this decision or arising from a condition imposed as part of this decision, that is found to be dead, dying, severely damaged or seriously diseased within two years of the completion of the building works OR two years of the carrying out of the landscaping scheme (whichever is later), shall be replaced by specimens of similar or appropriate size and species in the first suitable planting season.

Reason In order to ensure that all trees retained and all planting provided as part of the landscaping scheme are retained after the development is completed.

10 Details of a survey and investigation of the soil conditions of the site, sufficient to identify the nature and extent of any soil contamination, together with a schedule of the methods by which it is proposed to neutralise, seal, or remove the contaminating substances, shall be submitted to and approved by the Local Planning Authority and thereafter shall be carried out before any works in connection with this permission are begun.

Reason In order to protect construction employees and future occupiers of the site from potential health-threatening substances in the soil in accordance with Policy E.1.1: Safety and Security in the Environment of Southwark's Unitary Development Plan.

11 Details of any external lighting [including design, power and position of luminaires] and security surveillance equipment of external areas surrounding the building shall be submitted to and approved by the Local Planning Authority before any such lighting or security equipment is installed and the development shall thereafter not be carried out otherwise than in accordance with any approval given.

Reason In order that the Council may be satisfied as to the details of the development in the interest of the visual amenity of the area, the safety and security of persons using the area and the amenity and privacy of adjoining occupiers in accordance with Policies E.1.1 'Safety and Security in the Environment' and E.3.1 'Protection of Amenity' of the Southwark Unitary Development Plan.

12 Details of the facilities to be provided for the secure storage of cycles shall be submitted to and approved by the local planning authority before the development hereby approved is commenced and the premises shall not be occupied until any such facilities as may have been approved have been provided. Thereafter the cycle parking facilities provided shall be retained and the space used for no other purpose without the prior written consent of the local planning authority, to whom an application must be made.

Reason In order to ensure that satisfactory safe and secure cycle parking facilities are provided and retained in order to encourage the use of cycling as an alternative means of transport to the development and to reduce reliance on the use of the private car in accordance with policy T.4.1 Measures for Cyclists of the Southwark Unitary Development Plan.

13 Details of facilities for the composting of organic waste and the collection of rainwater for recycling shall be submitted to and approved by the Local Planning Authority. No occupation shall take place until any provision as may have been approved is in place.

Reason So that the Council may be satisfied that the development will be achieving adequate levels of waste reduction and sustainability.

14 The development hereby approved shall not be implemented otherwise than: (a) by or on behalf of Hyde Housing Association or another registered housing provider for the purposes of providing affordable housing, or (b) by or on behalf of any mortgagee of Hyde Housing Association or any other registered social housing provider which has entered into possession pursuant to the terms of its mortgage or any other successor thereof.

Reason The proposed development is acceptable because it will secure affordable housing (which will be provided by a registered Housing Association/social landlord). If the development were to be implemented by any party other than the applicant or a registed social housing provider, mechanisms to achieve affordable housing would have been required in compliance with the Council's Unitary Development Plan Policy H1.4 (Affordable Housing) and Government Guidance in Planning Policy Guidance Note 3 (Housing) and Circular 6/98 (Planning and Affordable Housing).

Informatives Prior to the commencement of works you are advised that you must arrange a survey of the condition of the adjacent public highway. Please contact the Director of Regeneration Department, Chiltern, Portland Street, London SE17 2ES. (tel: 020 7525 5000).

The planning permission granted includes alterations and amendments to areas of public highway which will need to be funded by the developer. Although these works are approved in principle by the Highway Authority, no permission is hereby granted to carry out these works until all necessary and appropriate design details have been submitted and agreed. You are advised to contact the Principal (Client) Engineer Infrastructure Group (020 7525 5509), at least 4 months prior to any works commencing on the public highway.

The developer should consult the Environment & Leisure Department to agree how the Council's Code of Construction Practice will be applied to the proposed development. Please contact the Pollution section, Chaplin Centre, Thurlow Street, SE17 (tel: 020 7525 5000).

Item No. Classification Decision Level Date

4 OPEN COMMUNITY COUNCIL 11/11/03 From Title of Report

Development and Building Control Manager DEVELOPMENT CONTROL

Proposal (03-AP-0536 ) Address

Erection of part two, three and four storey 65-71 Kimberley Avenue & 76-84 development comprising 27 one and two bedroom Evelina Road SE15. flats and provision for 12 parking spaces to rear of site. Ward The Lane

1. PURPOSE

1.1 To consider the above application which requires determination by the Community Council due to the scale of development and the number of objections received.

2. RECOMMENDATION

2.1 Grant planning permission.

3. BACKGROUND

3.1 The application site comprises the former petrol filling station site on the corner of Evelina Road and Kimberley Avenue (76-80 Evelina Road and 71 Kimberley Road) and the site of three pre-fabricated bungalows at 65 - 69 Kimberley Avenue.

3.2 The proposal for a housing development by Hyde Housing Association has been publicised in the area to coincide with the planning application being submitted. On 9th May 2003, a public exhibition was held at St. Mary Magdalene Church Hall to display this proposal and also schemes for 51- 61 Kimberley Avenue and Dundas Road. Residents of Kimberley Avenue and Evelina Road were invited. Four positive feedback forms have been submitted.

The proposal is for a block of 27 flats (one and two bedroom) for 'shared 3.3 ownership' purchase. These would be two and three storey (with a fourth floor in the roof space) fronting Kimberley Avenue and four storeys high facing Evelina Road and on the street corner. A clock is indicated in the gable above the fourth floor on the corner on the development. The development would take the form of a gated courtyard development with access from Kimberley Road but no front doors onto Evelina Road.

4. FACTORS FOR CONSIDERATION

4.1 Main Issues

The main issues in this case are whether the scale, height and details of the proposed residential development are acceptable in this location.

4.2 Planning Policy

Southwark Unitary Development Plan 1995 [UDP]: Policy H.1.3 - 'New Housing' - Complies by the provision of new housing. Policy H.1.4 - 'Affordable Housing' - Complies (together with nearby sites). Policy H.1.5 - 'Dwelling Mix' - Complies Policy H.1.8 - 'Standards for new housing' - generally complies but parking and amenity space below full standard. Policy H.1.10 - 'Provision of Housing to Mobility and Wheelchair standard' - Complies as 'Lifetime Homes' standard applies and two dwellings for the disabled are provided on another nearby site as part of a total scheme. Draft Southwark Plan [agreed for Deposit November 2002]: Policy 4.1 - 'Housing Density' - complies. There will be an increased number of residential units. Policy 4.2 - 'Residential design standards' - acceptable level achieved. Policy 4.4 - 'Affordable Housing provision' - complies. Policy 5.6 - 'Parking' - Complies. Policy 3.3 - 'Energy Efficiency' - Complies. Will achieve Ecohomes 'pass' standard.

4.3 Consultations

Site Notice: 2/7/2003 Press Notice: 21/3/2003 Consultees: 44-62 (evens) and 59-71 (odds) Kimberley Avenue; 81-103 (odds) and 88-94 (evens) Evelina Road.

Replies from: Letter of support: from 60 Kimberley Avenue. Letter of objection: from 55 Harlescott Road, objecting to inadequate parking, likely parking congestion on-street and overdevelopment of the site. Councillor Simmons: Has expressed concern that there will be insufficient car parking spaces and that the development is too high. 3 Storeys would be more appropriate in this area. A gated development is also inappropriate here. Willowbrook Centre: Support the re-use of the site for social housing but are concerned about traffic congestion and parking, that sound proofing next to railway is adequate, safety at the cross roads, and entrance onto Kimberley Road will be very tight. The proposal is an overdevelopment and will dwarf surrounding houses. It should be a smaller development with space for a communal amenity area and enclosed childrens play area. Transport Group: No objections but require a number of small but important changes to the development. These changes can be secured by condition. Housing Department: Support the development and draw attenton to the additional affordable bungalows being provided by Hyde HA in Kimberley Avenue and Dundas Road as part of the replacement programme for the old prefabs. Together with further applications for sites in Athenlay Road (by the Council) and in Ivydale Road (Family HA) 32 replacement bungalows are being provided.

5 PLANNING CONSIDERATIONS

5.1 This application is for one part of a wider development by Hyde Housing Association extending over three sites in this area. This site will have an apartment block with 19 two-bedroom flats and 8 one-bedroom flats, all meeting the Council's minimum floorspace standards and the 'Lifetime Homes' standards. The block wraps around the corner of Kimberley Avenue and Evelina Road and rises from two storeys in Kimberley Avenue to four storeys fronting Evelina Road. The building will be faced with yellow stock brickwork, with a white render on the top storey of each block to break up the elevational impact. There will be a planting strip of 1m - 2m width, behind a low wall with high railings, acting as a green buffer between the pavement and residential windows.

5.2 Entry to the flats will be from the internal courtyard, which is accessed through a gated entrance onto Kimberley Avenue. In the courtyard there will be 12 car parking space, including 2 wider bays for disabled drivers, and a communal garden area. Except for three one-bedroom flats in the roof space, all other flats will have a private balcony or small garden. Although parking is at just 44% provision, the site is adjacent to a bus route and walking distance to Nunhead Railway Station. Bicycle storage is to be provided within the site. The Council's Traffic engineer considers that this level of parking is adequate in this location.

5.3 The site has a tree on the rear boundary with 65 Kimberley Road and others just over the boundary on the railway embankment land, which should be retained and protected during development as they of amenity value to the local area. On the Kimberley Avenue frontage a multi-stem Lime tree just within the site and a London Plane street tree would be jeopardised by the development. It has been decided that these would have to be removed and the applicant will pay for the Council to plant up to 16 street trees, 8 in Kimberley Road and 8 more nearby, including Kirkwood Road. These are likely to be irch trees sufficiently mature to survive.

5.4 There are a number of small details still to be resolved which the applicant has agreed to undertake. These include adjusting the parking layout, enlarging the cycle store, widening the entrance from 4m to 4.5m and setting the entrance gate back 5m behind the back edge of the footway. These details can be secured by conditions.

5.5 Although this development will provide 27 one and two bedroom flats for sale under a shared ownership scheme, it is part of an affordable housing strategy which has the support of the Council's Housing Department. The flats are to be made available for Southwark residents and/or 'key workers' such as nurses, teachers and local authority workers. This scheme was submitted at the same time as proposals for 12 bungalows and 2 disabled person dwellings in Kimberley Avenue and Dundas Road, which are to be afforable housing for rent, and have already been granted permission.

5.6 The main issues of likely contention are the height and scale of the development and the reduced level of parking. The height along the Evelina Road frontage would be significantly higher than the generally two storey buildings in the area. However, this frontage is on a main road and leads to and adjoins the railway bridge and embankment and in this context a four storey building is not considered to be overdominant. The development does step down to two storeys in Kimberley Road, which is the appropriate scale of development in this residential road.

5.7 Although a lower and smaller development could equally be acceptable, and thereby achieve a higher proportion of parking spaces for the flats, this would not necessarily achieve the best use of the site. Although the scale of this development may possibly be at the higher end of acceptability, this proposal is considered acceptable in that it would provide 27 good quality dwellings without adversely affecting any adjoining occupiers or the surrounding area. The reduced level of parking is considered acceptable in this case due to the access to public transport.

6. EQUAL OPPORTUNITY IMPLICATIONS

6.1 This development will be fully accessible. It is part of a programme that includes the replacement of old prefabs with new bungalows, rehousing residents that include a high proportion of elderly people.

7. LOCAL AGENDA 21 [Sustainable Development] IMPLICATIONS

7.1 Makes beneficial use of land that has been underused for a great many years.

LEAD OFFICER Andrew Cook Development and Building Control Manager REPORT AUTHOR Adrian Dennis [tel. 020 7525 5445] CASE FILE TP/2332-76 Papers held at: Council Offices, Chiltern, Portland Street SE17 2ES [tel. 020 7525 5402]

RECOMMENDATION

This document shows the case officer's recommended decision for the application referred to below. This document is not a decision notice for this application

Applicant Family Housing Association Reg. Number 03-AP-1559 Application Type Full Planning Permission Recommendation Grant subject to Legal Agreement Case TP/2330-60 Number

Draft of Decision Notice

Planning Permission was GRANTED for the following development: Demolition of existing buildings and erection of a five storey block fronting Queens Road with drive through access and part 2 part 4 storey courtyard block, both buildings comprising a total of 44 flats with 17 car parking spaces, car ports, bin and cycle stores, communal areas and private gardens.

At: 60-62 Queens Road, 62a Queens Road, 21 Woods Road, 23 Woods Road SE15

In accordance with application received on 07/08/2003 and revisions/amendments received on 17/10/2003 and Applicant's Drawing Nos. L(0)01G, 02C, 03C, 04C, 05C, 07C, 08A, 10A, 19A & 20A. Subject to the following conditions: 1 The development hereby permitted shall be begun before the end of five years from the date of this permission.

Reason As required by Section 91 of the Town and Country Planning Act 1990.

2 The materials to be used in the implementation of this permission shall not be otherwise than as described and specified in the application and on the drawings hereby approved unless the prior written consent of the local planning authority has been obtained for any proposed change or variation.

REASON: To ensure the use of appropriate materials in the interest of the design and appearance of the building and the visual amenity of the area in accordance with Policy E.2.3 'Aesthetic Control' of the Southwark Unitary Development Plan 1995 and Policies 3.14 'Quality in Design' and 3.15 'Urban Design' of the Deposit Draft of The Southwark Plan Nov.2002

3 The refuse storage arrangements shown on the approved drawings shall be provided and available for use by the occupiers of the dwellings before those dwellings are occupied and the facilities provided shall thereafter be retained and shall not be used or the space used for any other purpose without the prior written consent of the Council as local planning authority.

Reason In order that the Council may be satisfied that the refuse will be appropriately stored within the site thereby protecting the amenity of the site and the area in general from litter, odour and potential vermin/pest nuisance in accordance with Policy E.3.1: Protection of Amenity and Policy T.1.3: Design of Development and Conformity with Council's Standards and Controls of Southwark's Unitary Development Plan.

4 Detailed drawings of a landscaping scheme (2 copies), including provision for the planting of suitable trees and shrubs, showing the treatment of all parts of the site not covered by buildings (including surfacing materials of any parking, access, or pathways) shall be submitted to and approved by the Council before the development hereby permitted is begun and the landscaping scheme approved shall thereafter be carried out in the first appropriate planting season following completion of the building works.

Reason To ensure that appropriate hard and soft landscaping is provided is the interests of the appearance of the development in accordance with policy E.2.3 of the adopted UDP.

5 Any tree or shrub required to be retained or to be planted as part of a landscaping scheme approved, either as part of this decision or arising from a condition imposed as part of this decision, that is found to be dead, dying, severely damaged or seriously diseased within two years of the completion of the building works OR two years of the carrying out of the landscaping scheme (whichever is later), shall be replaced by specimens of similar or appropriate size and species in the first suitable planting season.

Reason As for condition 4.

6 Details of a survey and investigation of the soil conditions of the site (2 copies), sufficient to identify the nature and extent of any soil contamination, together with a schedule of the methods by which it is proposed to neutralise, seal, or remove the contaminating substances, shall be submitted to and approved by the Local Planning Authority and thereafter shall be carried out before any works in connection with this permission are begun.

Reason In order to protect construction employees and future occupiers of the site from potential health-threatening substances in the soil in accordance with Policy E.1.1: Safety and Security in the Environment of Southwark's Unitary Development Plan.

7 Details of the means of enclosure for all site boundaries shall be submitted to and approved by the local planning authority and the development shall not be carried out otherwise than in accordance with any approval given. The development hereby permitted shall not be occupied until the works approved persuant to this condition have been carried out.

Reason To ensure that appropriate boundary treatment is provided in the interests of the appearance of the development, for safety and security purposes and for highway safety purposes in accordance with policies E.1.1, E.2.3 and T.1.3 of the adopted UDP.

8 No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted (2 copies) by the applicant and approved by the Local Planning Authority.

Reason In order that the archaeological operations are undertaken to an acceptable standard and that legitimate archaeological interest in the site is satisfied.

9 No development shall take place until a detailed scheme (2 copies) showing the scope and arrangement of foundation design and all new groundworks, which may have an impact on archaeological remains, has been approved in writing by the Local Planning Authority and that the scheme will be monitored by the Council.

Reason To ensure that archaeological remains are not disturbed or damaged by foundations and other groundworks but are, where appropriate, preserved in situ.

10 The car parking or garaging hereby permitted shall not be used for any purpose other than incidental to the residential units for car parking and no trade or business shall be carried on therefrom.

Reason: Use of the parking spaces for other activities may generate noise and disturbance for local residents contrary to policy E.3.1 of the adopted UDP.

Informatives 1 The planning permission granted includes alterations and amendments to areas of public highway which will need to be funded by the developer. Although these works are approved in principle by the Highway Authority, no permission is hereby granted to carry out these works until all necessary and appropriate design details have been submitted and agreed. You are advised to contact the Principal (Client) Engineer Infrastructure Group (020 7525 5509), at least 4 months prior to any works commencing on the public highway.

2 The applicant is advised that any boundary treatment and landscaping approved under planning conditions shall not exceed 0.9m in height to ensure that pedestrian and vehicle sightlines are maintained.

Item No. Classification Decision Level Date

5 OPEN NUNHEAD AND 11/11/03 PECKHAM RYE COMMUNITY COUNCIL From Title of Report

DEVELOPMENT AND BUILDING CONTROL DEVELOPMENT CONTROL MANAGER Proposal (03-AP-1559 ) Address

Demolition of existing buildings and erection of a five 60-62 Queens Road, 62a Queens storey block fronting Queens Road with drive through Road, 21 Woods Road, 23 Woods access and part 2 and part 4 storey courtyard block Road SE15 comprising a total of 44 flats with 15 car parking spaces, bin and cycle stores, communal areas and Ward Nunhead private gardens.

1. PURPOSE

1.1 To consider the above application. This application requires consideration by the Nunhead and Peckham Rye Community Council due to the number of objections received.

2. RECOMMENDATION

2.1 Grant planning permission subject to S106 to secure affordable housing contribution.

3. BACKGROUND

3.1 The application site comprises a number of vacant residential and commercial buildings bounded by Queens Road to the north, Woods Road to the south and Colmore Mews to the west. The site is 0.25 hectare in size and is owned by the Family Housing Association. The Queens Road frontage is occupied by 60-62 Queens Road, a vacant Geogian building with a large forecourt that appears to have previously been used for car sales on the basement and ground floors with residential units above. Adjacent to the flank wall of this building is a vehicular access that leads to the rear of the site which is occupied by a number of vacant lock-up garages and a single occupied garage (belonging to 54-56 Queens Road.) The Woods Road frontage is occupied by vacant commercial buildings which according to the records were used for warehousing purposes by a stone restoration company and a picture framers. The buildings which immediately surround the site are residential with the building to the east in use as a nursing home (64-74 Queens Road) and the buildings to the south (Kendrick Court) and west (Colmore Mews) comprising of low rise flat blocks. To the south west of the site is the John Donne school.

A resolution to grant outline planning permission for the use of the site for 3.2 residential purposes with vehicular access from Queens Road was made under delegated authority on 12 July 2001 (ref 01-AP-00220). This resolution remains subject to an outstanding Section 106 legal agreement to secure affordable housing on the site. To date this agreement has not been completed and as such outline planning permission has not yet been grated.

A full planning application to redevelop the site to provide 44 dwellings with 3.3 drive through access and 15 car parking spaces was submitted in February 2003 and subsequently withdrawn by the applicant following Officer advice relating to the design of the Queens Road building (ref 03-AP-0495).

The application has now been revised and planning permission is again being 3.4 sought for a residential development on the site. It is proposed to construct a five storey residential block facing Queens Road with drive through undercroft and part two and part four storey residential blocks facing an internal courtyard to the rear. A total of 44 dwellings will be provided with 15 car parking spaces, bicycle storage and associated amenity space. The development will be 100% social housing with 13 shared ownership units, 2 wheelchair units, 4 supported housing units and 25 general needs housing units.

4. FACTORS FOR CONSIDERATION

4.1 Main Issues

The main issues in this case are the principle of the residential use, the siting, layout and appearance of the development, car parking arrangements and impact on neighbouring properties.

4.2 Planning Policy

The site has no specific designation within the UDP Proposals Map however Queens Road is a designated Red Route whereby Transport for London is the Highway Authority Southwark Unitary Development Plan 1995 [UDP]: E.1.1 [Safety and Security in the Environment] - complies, proposal will increase overlooking of public areas. E.2.1 [Layout and Building Line] - complies, building line on Queens Road follows that of adjacent buildings. E.2.3 [Aesthetic Control] - considered to comply, the design will enhance appearance of Queens Road. E.3.1 [Protection of Amenity] - does not fully comply, the separation distance does not meet the adopted standard. E.3.5 [Vacant Sites and Building] - proposal will bring vacant building back into beneficial use. E.5.1 [Sites of Archaeological Importance] - complies with appropriate conditions. H.1.3 [New Housing] - complies, the site is considered suitable for new housng development. H.1.4 [Affordable Housing] - complies with legal agreement to secure provision in perpetuity. H.1.8 [Standards for New Housing] - part complies, parking provision does not fully accord with standard. B.1.2 [Protection Outside Employment Areas and Sites] - considered to comply as previous resolution approved principle of residential use. T.1.3 [Design of Development & Conformity with Council Standards & Controls] - parking provision does not fully comply with standard. SPG 5: Standards, Controls & Guidelines for Residential Development - generally complies with guidance.

Draft Southwark Plan [agreed for Deposit November 2002]: Policy 1.5 [Mixed-Use Developments] - does not comply however previous resolution to grant planning permission means principle of residential use is acceptable. Policy 3.2 [Protection of Amenity] - does not fully comply, the separation distance does not meet the adopted standard. Policy 3.7 [Archaeology] - complies with conditions. Policy 3.14 [Quality in Design] - considered to comply Policy 3.15 [Urban Design] - considered to comply Policy 4.1 [Housing Density] - complies, the density is 504hrh which is within the range for the urban zone of 300-700 hrh. Policy 4.2 [Residential Design Standards] - complies Policy 4.4 [Affordable Housing Provision] - complies with legal agreement. Policy 4.6 [Mix of Dwellings] - complies Policy 5.3 [Pedestrians & Cyclists] - complies, appropriate facilities are provided. Policy 5.6 [Parking] - complies, does not exceed maximum standard. SPG 28: Residential Design Standards - generally complies with the aims of the guidance.

PPG3: Housing - generally complies with the aims of this guidance as development will provide a well designed residential scheme on brownfield and surplus employment land. PPG 13: Transport - generally complies as parking provision is low and site is well served by public transport.

4.3 Consultations

Site Notice: 8 September 2003 Press Notice: 12 August 2003

Consultees: 48-54 (even); 54-58; 60; 62; Queens Care Centre, 64-72; 83-99 (odd) Queens Road; 1-15 (incl) Colmore Mews; 1-34 (incl) Kendrick Court, Woods Road; 3- 57 (odd) Birchill Road & Headteacher John Donne School. Replies from: Brick by Brick (owners of 54-58 Queens Road) - want to keep building an end of terrace, concerned about ventilation for kitchen and bathrooms. Flat 1, 52 Queens Road - welcome proposal in principle but objects to provision of parking on the grounds of noise, pollution and hazardous access from Queens Road. Queens Road has excellent transport in terms of buses and trains. 45 Burchell Road - there are not enough parking spaces for 44 flats. Traffic Group - Public Protection - requires details of of soil investigation condition. Archaeology Officer - immediately adjacent to APZ of Peckham Village, recommend that standard archaeological conditions be attached. Crime Prevention Design Officer - external design and layout of development is acceptable in terms of Secured by Design.

5 PLANNING CONSIDERATIONS

Principle of Residential Use 5.1 The change of use of the site, which contains a mix of vacant business uses, car sales, lock-up garages and residential, was assessed in July 2001 with the previous outline planning application. Whilst the planning permission has not been issued it is considered that there have been no significant material changes in circumstances, other than the first draft of the Southwark Plan, to warrant a different approach. The Southwark Plan has had an initial consultation, however, given that the anticipated public inquiy has not taken place, the weight of the mixed use policy is limited. It is therefore considered appropriate to assess this application largely against policies in the adopted UDP which previously supported a residential use on the site. This will be in character with neighbouring landuses and will enable the re-use of a vacant site that has become an eyesore.

Access 5.2 Although the site has frontages onto Queens Road, Woods Place and Colmore Mews, pedestrian and vehicular access will only be from Queens Road. The applicants have stated that this is for management and ownership reasons as Colmore Mews is a private non-adopted road and the current owners have denied access. Access from Woods Place, which is due to be built over, would, in the applicants opinion, cause problems of safety and security for future occupiers. Whilst an active frontage onto Colmore Mews would have been desirable in streetscape terms, the arguments made by the Housing Association are accepted. All pedestrian and vehicular access will therefore be provided in the form of an undercroft from Queens Road. The principle of pedestrian and vehicle access was via the undercroft was established by the 2001 outline planning permission. The access arrangements proposed are acceptable to the Traffic Group and Crime Prevention Design Officer subject to some minor detailed amendments which are secured by condition.

Siting, Layout and Appearance The proposed residential accommodation will be arranged in four blocks with a 5.3 five storey block facing Queens Road and the other part two and part four storey buildings positioned around the perimeter of the site. This will have the effect of forming a courtyard in the centre of the site providing a pedestrian only hard landscaped area. This will be an attractive feature of the development, will provide a quality sociable space for future residents and an acceptable separation distance between buildings. The building facing Queens Road will have a large front forecourt, will follow the established building line on the street and will occupy the full width of the site. The entrance to this building will be from the rear. The buildings at the rear will also be accessed from within the courtyard.

The principal public face of the development will be the building facing Queens 5.4 Road which is a major road running through the borough. Officers have been involved in the design of this building and have encouraged the Housing Association to provide a well designed replacement building that will complement the Georgian terrace to the east in bulk and external appearance. The design proposed is a brick building that has fenestration of Georgian proportions with modern detailing. Samples of brick, reconstituted stone and roof material have been provided and have been conditioned to ensure they are used at construction stage. Overall the design approach is considered to be successful and will result in a high quality building. The principle of joining the proposed building to the party wall of number 54-58 is acceptable to the Council given that a large part of the south side of Queens Road forms a terrace. The objection by Brick by Brick the owner of 54-58 Queens Road cannot therefore be supported by the Council. Matters relating to ventilation bricks in this party wall will need to be addressed through other legislation outside of the planning framework.

The remaining buildings on the site will have a contemporary appearance with 5.5 mono-pitched roofs and external materials comprising a mix of brick, natural timber, render panels, steel balconies and aluminium windows. As there is no architectural uniformity to the south of the site (the adjoining buildings are relatively recent constructions and have little architectural merit) this approach taken is considered acceptable.

Impact on Neighbours The building fronting Queens Road will have no real impact on any building as 5.6 its front and rear building line is in keeping with adjacent properties. In terms of the buildings at the rear of the site it is the Queens Road care home, Kendrick Court and 1-6 Colmore Mews that will be affected:

Queens Road care home: The Queens Road care home is located close to the east boundary with the 5.7 application site, however, there is an existing high wall which will be retained. As the proposed two storey houses along this boundary does not exceed the height of this wall there will be no impact to this property.

Kendrick Court: Kendrick Court is a four storey residential block of flats located between 15m 5.8 and 20m from the rear building line of the proposed flat block along the south boundary. This is a sufficient distance to ensure that there will be no loss of light, however, whilst the 15m-20m separation distance is below the Council's adopted back to back standard of 21m, in the light of Government guidance contained in PPG3: Housing (which encourages Council's to be flexible with residential standards where appropriate) and the high density nature of the area, this distance is considered acceptable.

1-6 Colmore Mews: Flats 1-6 Colmore Mews are located approximately 9m distance from the west 5.9 boundary. This will result in some overlooking and loss of light to these one bedroom flats, however, it is considered that this will be within acceptable limits. In terms of daylight the development complies with the guidance in the British Research Establishment's 'Daylighting and Sunlighting: A Guide for Good Practice' in that all the bedrooms facing the development are left with an average daylight factor of more than 1% which is above the minimum recommended level. In terms of overlooking, the 9m front to front distance is below the Council's adopted standard of 12m, however for the same reasons in the above paragraph this is considered acceptable. No letters of objection have been received from the occupiers of 1-6 Colmore Mews.

Standard of New Housing The proposed development meets the Council's internal room standards and 5.10 will provide an acceptable standard of accommodation. In terms of a mix of units, the development will provide 9 one bedroom units, 32 two bedroom units and 3 three bedroom units. This mix is considered acceptable and will provide a range of family and non-family type accommodation. Amenity space for the development is provided in the form of small private gardens for the ground floor flats, balconies for the upper floor flats and the central courtyard for communal space. This arrangement is considered acceptable and overall will provide an acceptable amount of amenity space for future occupiers.

Car Parking 15 car parking spaces will be provided for the 44 units which results in a 34% 5.11 car parking provision. The Traffic Group have not objected to this provision on the grounds that the site is well served by bus and rail transport along Queens Road. Peckham town centre is only a short walk or bus ride away providing a full range of shops and facilities. Whilst two letters of objection have been received regarding parking (one stating that too much parking is provided and the other that too little) it is considered that overall the level of car parking provision is appropriate for this location.

Affordable Housing. Although the planning application has been submitted by a housing 5.12 association, it is recommended that the necessary 25% affordable housing provision be secured by legal agreement to ensure that the affordable housing is provided in perpetuity in case the site is sold on the open market.

Conclusion The proposed development will provide 44 affordable units of accommodation 5.13 in a well designed development. It will result in the efficient redevelopment of a brownfield site that appears to have been vacant for some months. The buildings at the rear of the site do not fully meet the Council's adopted standards for overlooking, however, the pressing need for affordable housing in the borough combined with the government guidance in PPG3: Housing means that on balance the development is considered to be acceptable.

6. EQUAL OPPORTUNITY IMPLICATIONS

6.1 The housing has been designed to lifetime standard with additional units designed to wheelchair standard.

7. LOCAL AGENDA 21 [Sustainable Development] IMPLICATIONS

7.1 The development will regenerate a vacant brownfield site and provide additional affordable housing for the borough.

LEAD OFFICER Andrew Cook Development and Building Control Manager REPORT AUTHOR Matthew Mason [tel. 020 7525 5470] CASE FILE TP/2330-60 Papers held at: Council Offices, Chiltern, Portland Street SE17 2ES [tel. 020 7525 5402]

DISTRIBUTION LIST MUNICIPAL YEAR 2003/04

COUNCIL: NUNHEAD AND PECKHAM RYE COMMUNITY COUNCIL

NOTE: Original held by Constitutional Support Unit; amendments to Louise Shah (Tel: 020 7525 0640)

OPEN COPIES OPEN COPIES

To all Members of the Community Council: TRADE UNIONS Cllr Robert Smeath (Chair) 1 John Mulrenan, UNISON Southwark Branch 1 Cllr Fiona Colley (Vice-chair) 1 Roy Fielding, GMB/APEX 1 Cllr Alfred Banya 1 Alan Milne TGWU/ACTS 1 Cllr Mick Barnard 1 Tony O’Brien, UCATT 1 Cllr Mark Glover 1 Cllr Aubyn Graham 1 NEIGHBOURHOOD HOUSING OFFICES Cllr Alun Hayes 1 Crown House 1 Cllr Dominic Thorncroft 1 Parkside 1 Cllr Andy Simmons 1 Pelican 1 Acorn 1 LIBRARIES Libraries 6 Local Studies Library 1 TOTAL DISTRIBUTION 114 PRESS Southwark 1 Dated: 4th November 2003 Evening Standard 1 South London Press 1

MEMBERS OF PARLIAMENT Tessa Jowell MP 1 Harriet Harman MP 1

Constitutional Support Officer 80 Alan Blissett 1 Richard Parkins 1

EXTERNAL Pat Tulloch S.A.V.O. Cambridge House 64 Camberwell Road London SE5 OEN

Neil Gray 1 Audit Commission 4th Floor Millbank Tower Millbank London SW1P 4QP

Chief Superintendent Ian Thomas 1 Borough Commander Southwark Police Station 323 Borough High Street London SE1 1JL