Planning Committee 24/06/2015 Schedule Item 07

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1 Ref : Address: Ward: Proposal: Drawing numbers: Type of Application: PP/2014/ Horn Lane, ACTON W3 6NP Acton Central Redevelopment of the site (following demolition of petrol station and garages) to provide 20 residential units in total, consisting of 13 flats (1 x 1 bedroom, 11 x 2 bedroom and 1 x 3 bedroom) in a five storey block at the front of the site; and 7 x 2 bedroom two storey mews houses (each consisting of ground floor and lower-ground floor level) to the rear of the site; shared surface access, two on-site disabled car parking spaces; and associated landscaping, boundary treatment, private and communal amenity space, refuse, recycling and cycle stores E01; E02; E03; E03; P01 Revision B; P02 Revision B; P03 Revision B; P04 Revision B; P05 Revision B; P06 Revision B; P07 Revision B; P08 Revision B; P09 Revision B; P10 Revision B; CR289/5 CR289/7 & CR289/8; Design & Access Statement December 2014; Daylight and Sunlight Study dated 13 th October 2014, Ardent Consulting Engineers Transport Statement dated November Full Application Received: 03/03/2014 Revised: 11/02/2015 Report by: Emma Lewis Recommendation: Grant subject to Conditions and Legal Agreement Executive Summary: Planning permission is sought for the redevelopment of the site (following demolition of petrol station and garages) to provide 20 residential units in total, consisting of 13 flats (1 x 1 bedroom, 11 x 2 bedroom and 1 x 3 bedroom) in a five storey block at the front of the site; and 7 x 2 bedroom two storey mews houses (each consisting of ground floor and lower-ground floor level) to the rear of the site; shared surface access, two on-site disabled car parking spaces; and associated landscaping, boundary treatment, private and communal amenity space, refuse, recycling and cycle stores. The proposed development would be positioned within a sustainable location along the Horn Lane which would make a valuable contribution to the housing stock within the borough. The external design of the building would integrate well with the surrounding environment, the streetscene and the character of the area as a whole. The siting arrangement would harmonise well Page 1 of 27

2 within the site and neighbouring buildings. The scale and intensity of the development is considered to be highly suitable for this location. The development would minimise the impact on the amenity and living conditions of adjoining occupiers. Adequate living conditions would be provided for future residents in terms of the internal floorspace, layout, noise insulation and ventilation measures. The on-site outdoor amenity space provision would be acceptable and would provide high quality environment for prospective occupiers. The site is located in an accessible location with a good public transport accessibility level. As such, the lack of on-site parking provision is considered acceptable. Forty four objections were received during the initial consultation period and twenty objections were received during the re-consultation period. The objections received principally relate to density, car parking, impact on neighbouring property, height of the proposal, impact on trees, noise and light pollution. The report concludes that the development is of an appropriate scale and design for the site and would not result in any harm to the amenities of the neighbouring occupiers. The report also concludes that the development would not give rise to increased parking pressure in the area. Appropriate conditions have been recommended with respect to landscaping and noise. It is considered that the proposal is consistent with the aims of the relevant policies of the Ealing Development Management Development Plan 2013, Ealing Core Strategy (2012), The London Plan (2015), Relevant Supplementary Planning Guidance, the National Planning Policy Framework (2012) and emerging planning policy documents. It is therefore recommended that planning permission should be approved with conditions, subject to a legal agreement. Recommendation: Grant subject to Conditions and Legal Agreement That the committee GRANT planning permission subject to the satisfactory completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) in order to secure the following: i) The provision of on-site affordable housing (to be confirmed by briefing note); ii) Contribution of 81,144 towards local education provision in the Acton area (based on a child yield of 3.31 Primary and 2.37 Secondary age range pupils using the Wandsworth model); iii) Contribution of 2,000 ( 100 per dwelling) towards the implementation of air quality measures contained within the London Borough of Ealing Air Quality Action Plan; iv) Contribution of 7,315 required with respect to tree planting for streets and parks within 500m of the site; v) Contribution of 3,807 towards children s play space; vi) Restrictions put in place to prevent the future occupiers of the development from applying for on-street parking permits within the Controlled Parking Zone; and vii) Payment of the Council s reasonable legal and other professional costs incurred preparing and completing the Legal Agreement. AND subject to the following conditions: Page 2 of 27

3 Conditions/Reasons: Time Limit 1. The development permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 (as amended). Approved Plans 2. The development hereby approved shall be carried out in accordance with drawing title number(s) P01 Revision B; P02 Revision B; P03 Revision B; P04 Revision B; P05 Revision B; P06 Revision B; P07 Revision B; P08 Revision B; P09 Revision B and P10 Revision B. Reason: For the avoidance of doubt, and in the interests of proper planning. Samples of the Materials 3. Samples of the materials to be used for the external surfaces as shown on the approved plans of the development including boundary treatment shall be submitted to and approved in writing by the Local Planning Authority before any part of the development is commenced, and this condition shall apply notwithstanding any indications as to these matters which have been given in this application. Development shall be carried out in accordance with these approved details. Reason: To ensure that the materials harmonise with the surroundings, in accordance with policies Ealing Local Variation to London Plan Policy 7.4 and 7B of the Ealing Development Management Development Plan (2013), policies 1.1 (h) and 1.2 (g) of the adopted Local Development Framework (Core) Strategy (2012) and policies 7.4 and 7.6 of the London Plan (2015). No Permitted Development Rights 4. Notwithstanding the provisions of Classes A, B, C, D, E and F of Schedule 2, Part 1, Class A Town and Country Planning (General Permitted Development) Order 1995, as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 (or any other order revoking and re-enacting that order, with or without modifications), no works shall be carried out to the seven mews houses without the prior permission of the Local Planning Authority, obtained through the submission of a planning application. Reason: To prevent the overdevelopment of the site and to safeguard the living conditions of occupiers of adjoining properties and the appearance of the streetscene, in accordance with policies 1.1 (g) and (h) of the Adopted Development (Core) Strategy, and policies 7.4 and 7.6 of the London Plan (2015) and policies Ealing Local Variation of London Plan Policy 7.4 and 7B of the Ealing Development Management Development Plan. Page 3 of 27

4 Hard and soft landscaping 5. The hard and soft landscaping works indicated on drawing ref : CR289/5 shall be fully provided prior to the occupation of the development. Any trees or other plants, which die or are removed within the first five years following the implementation of the landscaping scheme shall be replaced during the next planting season. Reason: To ensure that the development is landscaped in the interests of the visual character and appearance of the area, in accordance with policies 1.1 (e) (i) and 1.2 (d) of the adopted Local Development Framework (Core Strategy 2012), policies 7.4 and 7.6 of the London Plan (2015) and policy 7.4 of the Ealing Development Management Development Plan Refuse and recycling storage areas 6. Refuse and recycling storage areas indicated on drawing reference P01 Revision B shall be provided and brought into use prior to the first occupation of the development permitted and retained thereafter. Reason: To protect the living conditions of occupiers of the area and in the interests of the future occupants of the development in accordance with policies with policies 3.5 and 7B of the Ealing Development Management Plan 2013, policies 1.1 (e) of the Adopted Ealing Development (Core) Strategy and The London Plan (2015) policy Noise Mitigation 7. Prior to the commencement of the development, details shall be submitted to the Local Planning Authority for approval for the insulation of the building envelope, with windows shut and other means of ventilation provided, which will achieve the internal criteria for sensitive rooms, as specified in Supplementary Planning Guidance 10. The details should also include the provision of alternative means of ventilation in accordance with Authority s criteria. The rating noise level emitted from any proposed external plant and machinery at the proposed development, as assessed under BS4142: 2014, will not exceed the existing background sound level, as measured at the nearest sensitive facades, during the relevant periods of operation Reason: In the interests of the internal environment of the development and living conditions of occupiers of nearby properties and future occupiers of the site, in accordance with Interim Supplementary Planning Guidance 10, policy 1.1(j) of the Ealing Core Strategy (2012), policy 7A of the Ealing Development Management Development Plan Document (2013), policy 7.15 of the London Plan (2015), and the National Planning Policy Framework (2012). Air Quality 8. Prior to the commencement of the development, the applicant shall submit to the local planning authority for approval a scheme for providing fresh air ventilation to habitable rooms facing Horn Lane. The supply is to be provided from the rear of the building at high level. The approved mitigation scheme shall be implemented in its entirety before any of the units are occupied. Reason: In the interests of the internal environment of the development in accordance with Interim Supplementary Planning Guidance 10, policies 1.1(j) of the Ealing Core Strategy (2012), policy 7A of the Ealing Development Management Development Plan Document (2013), policy 7.14 of the London Plan (2015), and the National Planning Policy Framework (2012). Page 4 of 27

5 Accessibility 9. All residential units hereby approved shall be constructed to the Lifetime Homes Standards, and at least two (2) of the residential units shall be constructed to Wheelchair Housing Standards. Reason: To ensure that the development is accessible by all future occupiers/users, in accordance with policies 3.8 and 7.2 of The London Plan (2015), and the National Planning Policy Framework (2012). Secured by Design 10. The design of the building shall comply with the aims and objectives of the Secured By Design standards before the first occupation of the development, and shall be permanently retained. Reason: To ensure that the development incorporates crime prevention measures to help prevent crime and disorder and to improve pedestrian accessibility in accordance with policies 1.1 (e) of the Ealing Core Strategy (2012), policy LV 7.3 of the Ealing Development Management Development Plan Document (2013), and policy 7.3 of the London Plan (2015). Construction Management Plan 11. Prior to the commencement of development, a Construction Logistics Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include the following: Construction traffic management proposals including details of delivery routes and HGV movements and details of any temporary site access/parking; Details of construction hours; Noise mitigation and monitoring measures; Details of enclosure of working areas and the location of compounds for the storage of plant and materials; Details of temporary lighting; Air Quality and Dust Management Plan (AQDMP) that includes an Air Quality (Dust) Risk Assessment shall be produced in accordance with current guidance The Control of Dust and Emissions during Construction and Demolition, SPG, GLA, July 2014, for the existing site and the proposed development. A scheme for air pollution mitigation measures based on the findings of the report; Site security during construction; A drainage strategy to operate setting out controls of contamination, including controls to surface water run-off, water pumping, storage of fuels and hazardous materials, spill response plans and pollution control measures; and Procedures for on-site contractors to deal with complaints from local residents. The Construction Logistics Plan shall be implemented on commencement of any works on site and the site shall be managed in accordance with the approved plan for the duration of demolition and construction. Reason: In the interests of the amenity of adjoining occupiers and to minimise highway and traffic impact during the course of the works, in accordance with policies 1.1 (e) (f) (j) of the Ealing Development (Core) Strategy 2012, policy 6.3 of the London Plan 2015 and policy 7A of the Ealing Development Management Development Plan. Page 5 of 27

6 Drainage Strategy 12. No off-site drainage works shall commence until a drainage strategy detailing on and/or off site drainage works, has been submitted to and approved by, the local planning authority in consultation with the sewerage undertaker. No permanent discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed. The approved off-site drainage works must be completed prior to occupation of the building. Reason: To ensure that sufficient capacity is made available to cope with the new development; and in order to avoid adverse environmental impact on neighbouring occupiers in accordance with policy 5.13 of the London Plan 2015 and policies (e) and (k) of the Ealing Development (Core) Strategy Piling Method Statement 13. No impact piling shall take place until a piling method statement (detailing the type of piling to be undertaken and the methodology by which such piling shall be carried out, including measures to minimise the potential for damage to subsurface water or sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority and the relevant water or sewerage undertaker. Any piling must be undertaken in accordance with the terms of the approved piling method statement. Reason: The proposed works would be in close proximity to underground water and sewerage utility infrastructure in accordance with policy 5.13 of the London Plan 2015 and policies (e) and (k) of the Ealing Development (Core) Strategy Delivery/Servicing Plan 14. A delivery and servicing plan (DSP) for the development detailing servicing arrangements, times and frequency and operational details of the layby shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development. The servicing of the development shall be operated strictly in accordance with the details so approved, shall be maintained as such thereafter and no change therefrom shall take place without the prior written consent of the Local Planning Authority obtained through the submission of a planning application. Reason: To ensure that the resulting servicing arrangements are satisfactory in terms of their impact on adjoining uses and highway safety and the free-flow of traffic in accordance with policies 1.1 (e) (f) (j) of the Ealing Development (Core) Strategy 2012 and policy 6.3 of the London Plan Cycle Parking 15. A minimum of seventy fourteen (14) cycle parking spaces shall be provided within the integrated bicycle storage facility in accordance with adopted standards of the London Plan Such provision shall be brought into use prior to first occupation and retained permanently. Reason: To provide adequate facilities for cyclists, in accordance with policy 6.9 of the London Plan Page 6 of 27

7 Layout of Car Parking Space 16 The car parking spaces shown on the approved plans shall be laid out prior to first occupation of any of the unit hereby permitted and permanently retained without obstruction. Reason: To ensure that there is adequate provision for car parking within the site in accordance with policy 6.13 of the London Plan (2011). Water Use 17. The development shall be designed to achieve a water use target of no more than 105 litres per person per day. Reason: To ensure the sustainable use of water, in accordance with policy 5.15 of the London Plan Energy Monitoring 18. Upon final completion of the development, suitable devices for the monitoring of the renewable/low-carbon energy equipment shall have been installed, and the monitored data shall be submitted to the local planning authority at daily intervals for a period of three years from final completion of the renewable/low carbon energy equipment. The installation of the monitoring devices and the submission of the data shall be carried out in accordance with the Council s approved specifications. Reason: To monitor the effectiveness of the renewable/low carbon energy equipment in order to confirm compliance with energy policies and establish an evidence base on the performance of such equipment in accordance with policies 5.2, 5.3, 5.5, 5.6 and 5.7 of the London Plan 2015, adopted Ealing s Development (Core) Strategy 2026 (3rd April 2012). Site contamination 19. Prior to the commencement of any works on site (except demolition and site clearance) the following shall be submitted to and subject to the approval in writing of the Local Planning Authority: i. An intrusive contaminated land investigation and risk assessment of the site shall be carried out in accordance with BS1075:2011+A1:2013 and CR11 guidance to assess the nature and extent of any contamination on the site. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. ii. A contamination remediation scheme to bring the site to a condition suitable for the intended end use. It shall include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. Reason: To protect the health and living conditions of residents in accordance policy 5.21 of The London Plan, policy 1.1 (j) of the Ealing Core Strategy (2012), and the National Planning Policy Framework. Page 7 of 27

8 Submission of Remediation Scheme 20. Prior to the commencement of the development and following completion of measures identified in the approved contamination remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out shall be produced and submitted to and subject to the approval in writing of the Local Planning Authority. The verification report submitted shall be in accordance with the Environment Agency guidance Verification of Remediation of Land Contamination, Report: SC030114/R1. Reason: To protect the health and living conditions of residents in accordance policy 5.21 of The London Plan, policy 1.1 (j) of the Ealing Core Strategy (2012), and the National Planning Policy Framework. Informatives 1. The decision to grant planning permission has been taken having regard to the policies and proposals in the Adopted Ealing Development Plan, the Adopted Development (Core) Strategy, the London Plan and to all relevant material considerations including Supplementary Planning Guidance: National Planning Policy Framework (2012) 1. Building a strong, competitive economy. 4. Promoting sustainable transport. 6. Delivering a wide choice of high quality homes. 7. Good quality design. 10.Meeting the challenge of climate change, flooding and coastal change London Plan - Consolidated (2015): 2.6 Outer London: Vision and strategy 2.8 Outer London: Transport 2.13 Opportunity areas and intensification areas 3.2 Improving health and addressing health inequalitites 3.3 Increasing housing supply 3.4 Optimising housing potential 3.5 Quality and design of housing developments 3.6 Children and young people s play and informal recreation facilitites 3.8 Housing choice 3.9 Mixed and balanced communities 3.10 Definition of affordable housing 3.11 Affordable housing targets 3.12 Negotiating affordable housing on individual private residential and mixed use schemes 3.13 Affordable housing thresholds 4.12 Improving opportunities for all 5.1 Climate change mitigation 5.2 Minimising carbon dioxide emissions 5.3 Sustainable design and construction 5.6 Decentralised energy in development proposals 5.7 Renewable energy 5.8 Innovative energy technologies Page 8 of 27

9 5.9 Overheating and cooling 5.10 Urban greening 5.11 Green roofs and development site environs 5.12 Flood risk management 5.13 Sustainable drainage 5.14 Water quality and wastewater infrastructure 5.15 Water use and supplies 5.16 Waste self sufficiency 5.18 Construction, excavation and demolition waste 6.1 Strategic approach 6.3 Assessing the effects of development on transport capacity 6.5 Funding crossrail and other strategically important transport infrastructure 6.9 Cycling 6.10 Walking 6.11 Smoothing traffic flow and easing congestion 6.12 Road network capacity 6.13 Parking Table 6.2 Table Building London s neighbourhoods and communities 7.2 An inclusive environment 7.3 Designing out crime 7.4 Local character 7.5 Public realm 7.6 Architecture 7.13 Safety, security and resilience to emergency 7.14 Improving air quality 7.15 Reducing and Managing Noise, Improving and Enhancing the Acoustic Environment and Promoting Appropriate Soundscapes 7.21 Trees and woodlands 8.2 Planning obligations 8.3 Community infrastructure levy London Housing Supplementary Planning Guidance November 2012 The Mayor s Supplementary Planning Guidance Providing for Children and Young People s Play and Informal Recreation March 2008 Adopted Development (Core) Strategy 2012: 1.1 Spatial Vision for Ealing (a), (b), (d), (e), (f), (g), (h), (j), (k) 1.2 Delivery of the Vision for Ealing 2026 (a), (c), (d), (f), (g), (h), (k), (m) 2.1 Realising the Potential of the Uxbridge Road/Crossrail Corridor (a), (b), (c), (d), (e) 2.10 Residential Neighbourhoods 6.4 Planning Obligations and Legal Agreements Ealing Development Management Development Plan Document 2013 Ealing Local Variation to London Plan Policy 3.4 Optimising Housing Potential Ealing Local Variation to London Plan Policy 3.5 Quality and Design of Housing Developments 3A Affordable Housing Ealing Local Variation to London Plan Policy 5.2 Minimising Carbon Dioxide Emissions Ealing Local Variation to London Plan Policy 5.10 Urban Greening Page 9 of 27

10 Ealing Local Variation to London Plan Policy 5.11 Green Roofs and Development Site Environs Ealing Local Variation to London Plan Policy 6.13 Parking Policy 7A Amenity Ealing Local Variation to London Plan Policy 7.3 Designing Out Crime Ealing Local Variation to London Plan Policy 7.4 Local Character Policy 7B Design Amenity Policy 7D Open Space Other Material Documentation Interim Planning Policy Guidance / Documents SPG 3: Air Quality SPG 4: Refuse and Recycling SPG 10: Noise and Vibration Sustainable Transport for New Development SPD December 2013 In reaching the decision to grant permission, specific consideration was given to the impact of the proposed development on the amenities of neighbouring properties and on the character of the surrounding area as a whole. The proposal is considered acceptable on these grounds, and it is not considered that there are any other material considerations in this case that would warrant a refusal of the application. 2. To assist applicants in a positive manner, the Local Planning Authority has produced policies and written guidance, and offers and encourages a comprehensive pre-application advice service, all of which is available on the Council s website and outlined in a 24 hours automated telephone system. The scheme complied with policy and guidance. The Local Planning Authority delivered the decision proactively in accordance with requirements of the National Planning Policy Framework. 3. Thames Water has identifed an inability of the existing wastewater infrastructure to accommodate the needs of the application. Thames Water is concerned about the increase in combined flow from this site and in particular surface water flows and the effect further down the catchment in the Counters Creek area. The preferred option would be for all surface water to be disposed of on site using SUDs as per policy 5.13 of the London Plan. The London Plan policy 5.13 identifies a hierarchy of drainage options for surface water drainage and as such we would expect the development proposal to follow this. 4. Legal changes under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 mean that the sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you contact Thames Water to discuss their status in more detail and to determine if a building over / near to agreement is required. You can contact Thames Water on or for more information please visit our website at 5. Where a developer proposes to discharge groundwater into a public sewer, a groundwater discharge permit will be required. Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation. Groundwater permit enquiries should be directed to Thames Water's Risk Management Team by telephoning or by ing Application forms should be completed on line via Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act Page 10 of 27

11 6. Thames Water requests that the Applicant should incorporate within their proposal, protection to the property by installing for example, a non-return valve or other suitable device to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions. 7. Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development. 8. Construction and demolition works, audible beyond the boundary of the site shall only be carried on between the hours of hrs Mondays to Fridays and hrs on Saturdays and at no other times, including Sundays and Bank Holidays. 9. With respect to the Noise Mitigation condition SPG10 requires: a) A precise sound insulation calculation under the method given at BS EN : 2000, for the various building envelopes, including the use of the worst case one hour data (octave band linear noise spectra from 63 Hz 4k Hz) by night and day, and also an average of the top 10 LAmax events at night, to arrive at the minimum sound reductions necessary to meet the SPG10 internal data. b) Approved laboratory sound insulation test certificates for the chosen windows, including frames and seals and also for ventilators, in accordance with BS EN ISO 140-3: 1995 & BS EN ISO :2010, to verify the minimum sound reductions calculated. c) Compliance with the internal and external criteria set at SPG For developments that require an Air Quality (Dust) Risk Assessment, the report should have regard to the air quality predictions and monitoring results from the Stage Four of the Authority s Review and Assessment available from the LPA web site and the London Air Quality Network. The report should be written in accordance with the following guidance: The Control of Dust and Emissions during Construction and Demolition, SPG, GLA, July 2014 Guidance on the Assessment of dust from demolition and construction, IAQM, February Where construction works reveal the presence of asbestos, or asbestos is suspected, details of mitigation measures to control the release of asbestos fibres shall be submitted for approval. 12. The London Borough of Ealing Highways Section should be consulted with regard to the provision of wheel washing equipment for vehicles leaving the site during the demolition and construction phases. Contact It is recommended that any boilers to be installed be Ultra Low NOx boilers with maximum NOx Emissions of under g/kwh. Page 11 of 27

12 Site Description The application site is an irregular shaped (measuring ha) site situated on the eastern side of Horn Lane, north of Stuart Road. The site comprises a petrol station with a terrace of 34 single storey garages to the rear. Vehicular access to the site is currently provided from Horn Lane. Development surrounding the site is three storey (with roof space accommodation) to the north at Springfield House, two storey (with roof space accommodation) to the south. Further along Horn Lane development rises to four storeys. To the west of the site on the opposite side of Horn Lane is Springfield Gardens Public Open Space. The rear boundary of the site adjoins the rear gardens of properties on Summerlands Avenue. The site was formerly located within a residential area as defined in the Proposals Map to the Council s Unitary Development Plan (2004). This plan has now been superseded by the Ealing Development Management Development Plan 2013 that does not provide any designation for this site but the site is located in an area that is primarily residential in nature. The property has a PTAL rating of 4 which is identified as being a good level of accessibility. The property is located at a distance of approximately 207m from the Acton Market Place bus stop serving the 207, 440, 607 and 427 bus routes. The Steyne Road bus stop is positioned 140m from the site serving the 70 and 266 bus routes. Acton Central station is located 912m away and Acton Main Line station is located 854m away. The Proposal Redevelopment of the site (following demolition of petrol station and garages) to provide 20 residential units in total, consisting of 13 flats (1 x 1 bedroom, 11 x 2 bedroom and 1 x 3 bedroom) in a five storey block at the front of the site; and 7 x 2 bedroom two storey mews houses (each consisting of ground floor and lower-ground floor level) to the rear of the site; shared surface access, two on-site disabled car parking spaces; and associated landscaping, boundary treatment, private and communal amenity space, refuse, recycling and cycle stores Relevant Planning History Application Number Development Description Decision Decision Date Installation of 2,3000 gallon underground storage tanks. Granted unconditionally /1 Alterations to vehicular accesses, provision of new boundary walls and fences and erection of petrol filling station with the construction of underground storage tanks. Granted conditionally /4 Installation of underground storage tanks. Granted conditionally 09095/6 Continued use of former petrol filling station as hand car wash and valeting service Refused Page 12 of 27

13 A25444 Erection of nine lock-up garages for private cars. Granted unconditionally A26048 Erection of eight lock-up garages. Granted unconditionally A26324 Alterations and additions to petrol station and service garage. Granted unconditionally Consultation: Public: 230 consultation letters were issued to neighbouring properties on 05/03/2014. The proposal was advertised by way of a site notice and newspaper notice on 05/03/2014. Consultation period expired on 26/03/2014. Forty four objections received (including two petitions with 10 signatures and one from Ealing Civic Society). Issues raised are summarised as follows: Density is too high; No provision for car parking; Impact on neighbouring properties in terms of overlooking, overbearingness and loss of light; Height of the proposal would be out of character with the area; Impact on trees; Noise and light pollution. A re-consultation process on revised plans was undertaken on 11/02/2015 and the consultation period expired on 04/03/2015. Twenty objections received during this re-consultation process. Issues raised are summarised as follows: Density is too high; No provision for car parking; Impact on neighbouring properties in terms of overlooking, overbearingness and loss of light; Height of the proposal would be out of character with the area; Impact on trees; Noise and light pollution. Concerns with respect to refuse storage. Officer Response: A response to all of the issues raised is provided in the assessment section of the report below. External: Consultee Comments Officer Response Environment Agency Initially objected but having received confirmation that the Council s Environmental Health Team has recommended planning conditions requiring site investigation and remediation with respect to site contamination objection has been removed. Risk to ground water and Recommended that the additional measures recommended by The Environment Agency be incorporated. Page 13 of 27

14 Crime Prevention Design Advisor (Met Police) NHS Property Services Thames Water surface water from contamination need to be identified so that appropriate remedial action can be taken in line with Groundwater protection: Principles and Practice document and CLR11 (Model Procedures for the Management of Land Contamination. No response No response at the time of writing the report Have identified an inability of the wastewater infrastructure to accommodate the needs of the development. The preference of Thames Water is for all surface water to be disposed of on site. Thames Water has no objection to the proposal with respect to water infrastructure. Recommended conditions with respect to a drainage strategy and impact piling and an informative with respect to water pressure. Noted It is recommended that these matters be included as informatives within any grant of planning permission. It is recommended that a condition with respect to impact piling and a condition requiring the submission of a drainage strategy for approval be included. National Grid Plant No response Protection Ward Councillors No response Noted Internal: Consultee Comments Officer Response Transport Services No objection to the proposal. Restrictions should be put in place to prohibit new residents from obtaining parking permits given the sites location within a CPZ. Conditions also recommended with respect to cycle parking provision on site, reinstatement of redundant access to the site and details of layby. Regulatory Services (Pollution Technical) No objection raised. Recommended that a condition with respect to the submission of a noise report for approval. Also recommended that a condition be included with respect to fresh air ventilation to habitable rooms. A condition relating to the submission of a construction management plan for approval is also recommended. A contribution of 2,000 ( 100 per dwelling) is also sought towards the implementation of air quality measures. The current and previous historical use of the site as a petrol station gives rise to potential contamination It is recommended that these matters be included within any grant of permission. The restriction on the issuing of car parking permits has been agreed to by the applicant. Recommended that these matters be included within any grant of permission. The section 106 contribution has been agreed to by the applicant. Page 14 of 27

15 Environmental Services (Refuse) Landscape and Tree Officer Leisure Services & Major Projects (Landscape and Nature Conservation) Director of Housing Director of Education of the site. Conditions recommended for remediation and decontamination. Proposal bin storage area is appropriate. However, Confirmation of location of layby required as it refuse vehicles would need to park within 10m of the bin area. There is no objection to the proposed development however given the increase in built form and dwellings and the subsequent increase in pressure on green infrastructure the Tree Service requests a section 106 payment of 7,315 to cover mitigation tree planting in the local area. No objection to the proposal. There would be a shortfall of amenity space on site. The development would require an on-site play provision of 28.2m2. Due to the lack of play and amenity space a section 106 contribution 80,000 towards amenity space and 3,807 towards children s play space should be requested. Also recommended that conditions relating to details of childrens play space, hard and soft landscaping, boundary treatment, landscape management and sustainable urban drainage be attached to any grant of permission. As this application is not providing the policy compliant amount of 50% affordable housing provision, the applicant submitted a viability appraisal which has been independently audited on behalf of the council. Discussions regarding the viability of the scheme are on-going, but an offer of a minimum of 4 affordable homes equating to an affordable element of 20% on a unit basis has been made. Have recommended that a financial contribution of 81,144 be secured through a s106 legal agreement towards Education A condition is recommended requiring the submission of a servicing management plan for approval prior to commencement dealing with this issue raised. The applicant has agreed, however, to the payment of 7,315 towards tree planting in the area which is considered to be appropriate. It is recommended that this contribution of towards children s play space be incorporated within the section 106 legal agreement. The requirement for a contribution towards amenity space is considered unreasonable in this instance given that the combined private and communal space would meet the London Plan and Ealing DPD standards. With the exception of the condition requiring details of children s play space, it is recommended that all of the conditions be included. A contribution has been agreed towards children play space in the area and as such it would be considered an unreasonable requirement to seek children s play space on site also. Officer Response: Noted. Negotiations on this matter are on-going and will be reported in full to the Planning Committee within a briefing note in advance of the Committee meeting. It is recommended that this Education contribution of 81,144 be secured by the Page 15 of 27

16 Energy & Sustainability Officer Building Control Services Planning Policies: given the family units within the scheme. Recommended conditions with respect to Energy. A s106 contribution is also sought for post-construction renewable energy monitoring. No response Council through the completion of a s106 legal agreement. The section 106 contribution has been agreed to by the applicant. Officer Response: Noted. It is recommended that these items be included within any approval. The section 106 contribution has been agreed to by the applicant. Please see informative section above for a full policy list Reasoned Justification/Remarks: This proposal has been assessed against the relevant policies of the Adopted Development (Core) Strategy, the London Plan - Consolidated (2015), the Ealing Development Management Development Plan 2013 and Interim Supplementary Planning Guidance/Documents. The key issues in the assessment of this planning application are: The principle of the proposal; Density; Design and Appearance; Impact on nearby properties; Quality and layout of the proposed living accommodation; Amenity Space; Environmental Health; Trees and Landscaping; Traffic, Parking and Servicing; Affordable Housing; and Energy & Sustainability. A detailed assessment of the proposal is set out as follows: The Principle of the Proposal Increasing the current housing stock is an important strategic objective for the London Borough of Ealing, supported by London Plan policy 3.3. London Plan policy 3.4 aims to ensure that development proposals achieve the maximum intensity of use compatible with local context. The site is located within an area that was formerly designated for residential development under the Adopted Ealing Unitary Development Plan The Ealing Development Management Development Plan does not provide any such designation on these sites but the site is located within an area that is primarily comprised of residential development and therefore the principle of residential development on this site is considered to be acceptable subject to compliance with the relevant London Plan policies, the Ealing Development Management Plan policies and Interim Supplementary Planning Guidance/ Documents. Page 16 of 27

17 The site is not designated for employment use and, therefore, there is no concern with the loss of the existing use on the property. The site is primarily surrounded by residential development where the proposed use of the site would be more appropriate than the existing. Therefore, the principle of the proposal is considered to be acceptable in this instance. Density The area has a Public Transport Accessibility Level (PTAL) of 4 which is identified as being a good level of accessibility. It is considered that the site is located within a suburban area as defined by Table 3.2 of the London Plan (2015) which is demonstrated by the site s location and policy 3.4 of the Ealing Development Management Development Plan which states that Appropriate density ranges in Ealing will normally be: Central in Ealing Metropolitan Town Centre, Urban in Acton, Greenford, Hanwell and Southhall Town Centres and Suburban in the rest of the Borough. The resultant density on site would be as follows: Units per hectare: 1/ ha (site area) x 20 (number of units) = 136 units per hectare Habitable rooms per hectare: 1/ ha (site area) x 93 (habitable rooms) = 629 habitable rooms per hectare Table 3.2 of the London Plan indicates that on urban sites of hr/unit and with a PTAL of 4 the acceptable density range will be u/ha and hr/ha. These figures illustrate that the proposed development would result in a density that would exceed the recommended density levels according to the London Plan standards. Notwithstanding this, the main thrust of London Plan policy 3.4 is to ensure development should optimise housing output for the different types of location, whilst taking account of the local context, design and transport capacity. Density is not the determining factor as to whether a development is acceptable. The potential for additional residential development is better considered in the context of its bulk, scale, design, sustainability, amenity and the desirability of protecting and enhancing the character of the area and the relationship with neighbouring sites and retained development on this and neighbouring sites. These matters are discussed in detail in the remainder of this report. That the proposal would exceed the recommended number of habitable rooms and units would not in itself be a sufficient reason for refusal, nor would it provide sufficient evidence that the proposal may be an overdevelopment of the site. Design and Appearance Sections 6, 7 and 8 of the NPPF, London Plan policies 3.5, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6 and 7.7, policies 1.1(g), 1.1(h), 1.1(k) and 1.2(g) in the Development Strategy and Ealing Local Variation to London Plan policies 3.5, 7.3 and 7.4 and policy 7B of the Development Management DPD are relevant with regards to the design of new development. Page 17 of 27

18 The proposed development is undoubtedly larger scale than the existing use/structures on the site. It therefore follows that the proposed redevelopment of this site should relate to the existing street frontage, the characteristics of the linear site and the surrounding housing. The proposed front block would be of a height and scale, which would be higher than the housing in Stuart Road, but similar to the heights on buildings on the Horn Lane frontage. The key design matter in this respect is whether or not the height and the scale of the development is so out of place with the existing environment that a refusal would be justified on design grounds. The height and scale of new development should therefore be a compromise in the context of the height and scale of the surrounding buildings; the size of the site and the unique site-specific circumstances. It is considered that the height and scale of the proposed development is satisfactory considering that the front block would be of a height and scale which would be in harmony with Springfield House, in a way which would add interest, repair the frontage and create balance in the streetscene. The mews style development to the rear would be of a comparable height to the existing garages in this location which would be appropriate. The use of an alternative finish and set back of the proposed top level of the five storey building would allow the upper level to present a more light weight appearance with the use of contrasting materials allowing for differentiation between the rooftop level and the main body of the building The development would have a high-quality contemporary design, which would add interest to the streetscene whilst enhancing the local character in townscape terms by enhancing locally distinctive patterns of development. It respects the front building lines of immediate buildings to the north and south with the landscaped frontage representing a positive addition to the streetscene. Changes in articulation and architectural treatment reinforce facade subdivision. The design of the scheme utilises a well-articulated development with a strong vertical and horizontal rhythm emphasised by balconies, balustrades, windows and stepped bays. It is considered that the building would be of an appropriate footprint, design and height. The development would provide a suitable transition in height and scale from the neighbouring development. It is considered that the five storey scale of the development would not have an adverse visual impact upon the general street scene and that the mews style development within the rear portion of the site would be of a scale that would be commensurate with the existing garage style developments. Generally, the interplay between the windows, balconies and other surfaces in the development would provide a suitable level of articulation to minimise the perception of mass. The height, scale and amount of development is considered to be acceptable in relation to context of buildings and is appropriate for the site s area and location. When viewed from Horn Lane, the building would have a comparable height to neighbouring development. The design and access statement includes details of the external materials to be used in the development and is considered it would be finished to a high specification. Furthermore the principal materials and finishes of brickwork, cladding, textured render, light grey composite windows and brick detailing are considered to provide sufficient scope for a well-designed and interesting development. Appropriate design elements have been incorporated into the design which, assist in breaking up the mass of the five-storey building. Page 18 of 27

19 The building would be finished in traditional materials detailed in a contemporary manner. It is considered that there is merit in the use of contrasting material colours to define individual façade elements fit in with the design rationale. However, the success would be very much dependant on the exact materials and therefore a condition is recommended requiring samples of materials to be submitted for approval prior to the commencement of the development. It is considered that the design of the building would be of a sufficient quality to make a positive contribution to the area and the streetscene. It is considered that the development furthers the objectives of policies 7.4 and 7B of the Ealing Development Management Development Plan and policies 7.4 and 7.6 of the London Plan 2015 with regard to design, scale and appearance. The development is considered to be compatible with the surroundings by providing a residential development, which would enhance the area. Impact on Nearby Occupiers London Plan policies 7.6 and 7.15, Development Strategy policies 1.1(g) and (j) and Ealing Development Management Development Plan Document policies 7A and 7B are relevant with regards to the impact on the amenities of neighbouring residential properties. The proposed five storey block to the front of the site would be set away at a distance of 4m from Springfield House to the north at the closest point, 12.5m away from the rear of properties on Stuart Road to the south and 42m from Glover House to the north east. The proposed mews houses would be located approximately 2m from Springfield House to the northwest, 9m from the rear elevation of properties on Stuart Road to the south and 1m away from Glover House to the north. The proposed mews style dwellings to the rear of the site would incorporate sunken ground floor to minimise the impact on the neighbouring four storey block of flats to the north and the properties to the south of the site. A section drawing (as detailed below) has been provided within the submitted design and access statement which demonstrates how the habitable room openings within Glover House would be positioned above the maximum height of the proposal. Therefore, the outlook from these windows would not be impacted upon. Given the low level of the mews style houses and their set away from the rear of properties on Stuart Road, it is not considered that they would have a detrimental amenity impact on these properties. Page 19 of 27