LONDON BOROUGH OF BARNET

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1 LONDON BOROUGH OF BARNET FINCHLEY & GOLDERS GREEN AREA PLANNING SUB-COMMITTEE Tuesday, 12 October 2010 Agenda Item No. 7 Report of the Assistant Director of Planning & Development Management BACKGROUND PAPERS GENERAL STATEMENT The background papers to the reports contained in the agenda items which follow comprise the application and relevant planning history files, which may be identified by their reference numbers, and other documents where they are specified as a background paper in individual reports. These files and documents may be inspected at: Finchley & Golders Green Team Building 4, North London Business Park Oakleigh Road South New Southgate London N11 1NP Contact Officer: Mrs V Bell,

2 F/03211/10 Page Nos: 4-14 Childs Hill (Golders Hill House), 592 Finchley Road, London, NW11 7RX New front porch. New access ramp and handrails to front entrance. Alterations to existing steps. Approve Subject to Conditions F/03217/10 Page Nos: Childs Hill Finchley Road, London, NW2 2JP Single storey rear extension to facilitate the conversion of 4 existing shops into 1no A1 retail unit including associated internal alterations, following demolition of outbuildings to the rear. Associated new shop front including new front entrance and associated alterations to all elevations. Alterations to access to residential units above Finchley Road including associated first floor rear extension, and provision of new bin enclosures to both retail and residential units. Approve Subject to Conditions F/02908/10 Page Nos: Finchley Church End The Manor House, The Sternberg Centre For Judaism, The Lodge, 80 East End Road, London, N3 2SY Renovation of the South-west (garden), South-east and North-east elevations of the Manor House, works to include cleaning and repair of brickwork and stonework, repointing as required, renovation of windows and shutters, rainwater goods, steps, railings and balustrades and redecoration as necessary. Approve Subject to Conditions F/02909/10 Page Nos: Finchley Church End The Manor House, The Sternberg Centre For Judaism, The Lodge, 80 East End Road, London, N3 2SY Renovation of the South-west (garden), South-east and North-east elevations of the Manor House, works to include cleaning and repair of brickwork and stonework, repointing as required, renovation of windows and shutters, rainwater goods, steps, railings and balustrades and redecoration as necessary. (Listed Building Consent) Approve Subject to Conditions 2

3 F/03433/10 Page Nos: Golders Green Land Adjacent to 37 Elmcroft Crescent, London, NW11 Demolition of existing building and erection of part single, part two storey buildings for use as one form entry school. Associated ground floor and first floor playgrounds. Approve Subject to S106 F/03387/10 Page Nos: Garden Suburb 46 Gurney Drive, London, N2 0DE Side extension to provide ground floor study, basement to house with open access covered by grilles. Approve Subject to Conditions F/03232/10 Page Nos: West Finchley 17 Elm Park Road, London, N3 1EG Single storey side/ rear extension. Approve Subject to Conditions F/03632/10 Page Nos: West Finchley 47 Holden Road, London, N12 7EJ Demolition of existing dwelling and erection of a 3 storey building including rooms in roofspace to create 9 no. residential units. Associated amenities, ancillary parking, new access road ad alterations to landscape. Approve Subject to S106 3

4 LOCATION: (Golders Hill House), 592 Finchley Road, London, NW11 7RX REFERENCE: F/03211/10 Received: 04 August 2010 Accepted: 04 August 2010 WARD(S): Childs Hill Expiry: 29 September 2010 Final Revisions: APPLICANT: PROPOSAL: IGO Physio New front porch. New access ramp and handrails to front entrance. Alterations to existing steps. RECOMMENDATION: Approve Subject to Conditions 1 The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan; Design & Access Statement; For the avoidance of doubt and in the interests of proper planning. 2 This development must be begun within three years from the date of this permission. To comply with Section 51 of the Planning and Compulsory Purchase Act, The materials to be used in the external surfaces of the building(s) shall match those used in the existing building(s) unless otherwise agreed in writing by the local planning authority. To safeguard the visual amenities of the building and the surrounding area. 4 Details of the access ramp hereby approved shall be submitted to and approved by the local planning authority prior to installation. To safeguard the visual amenities of the building and the surrounding area. 5 The hereby approved planning permission shall allow the premises to operate from 8 am to 6 pm Monday to Friday, 8 am to 1 pm on Saturdays 4

5 and remain closed on Sundays, Bank or Public Holidays unless previously approved in writing by the Local Planning Authority. To safeguard the amenities of occupiers of surrounding residential properties. 6 The extended premises hereby approved shall comply with the conditions approved under applications (F/02971/10 OR F/00785/09) at 592 Finchley Road. To safeguard the amenities of occupiers of surrounding residential properties. INFORMATIVE(S): 1 The reasons for this grant of planning permission or other planning related decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following polices are relevant: Adopted Barnet Unitary Development Plan (2006): GBEnv1, D1, D2, D3, D5, ENV12: ii) The proposal is acceptable for the following reason(s): - Having taken all material considerations into account, it is considered that subject to compliance with the attached conditions, this proposal complies with the Adopted Barnet UDP policies and would be in keeping with the character and appearance of the surrounding area. It is not considered to have a detrimental impact on the residential amenities of neighbouring occupiers, in particular 594 Finchley Road. This application is in keeping with Council Policies and Guidelines. 2 This permission relates solely to the proposed outbuilding as described in the application description. The application makes mention of alterations to car parking layout. A further application is required for these additional works. 3 Any highway approval as part of the planning process for the alteration to the existing crossovers or new crossovers will be subject to detailed survey by the Crossover Team in Highways Group as part of the application for 5

6 crossover under Highways Act 1980 and would be carried out at the applicant s expense. Please note, reinstatement of redundant crossovers, any relocation of street furniture, lighting column or amendments to parking bays affected by the proposed works would be carried out under a rechargeable works agreement by the Council s term contractor for Highway Works. An estimate for this work could be obtained from London Borough of Barnet, Highways Group, NLBP, Building 4, 2 nd Floor, Oakleigh Road South, London N11 1NP 1. MATERIAL CONSIDERATIONS National Planning Policy Guidance/ Statements: This planning permission was determined mindful of Central Government advice and the Development Plan for the area. It is recognised that Local Planning Authorities must determine planning applications in accordance with the statutory Development Plan, unless material considerations indicate otherwise. Furthermore, it is acknowledged that the planning system does not exist to protect the private interests of one person against another and that the basic question is whether the proposal would unacceptably affect amenities. Planning Policy Statement PPS 1 Delivering Sustainable Development, states at paragraph 3 that At the heart of sustainable development is the simple idea of ensuring a better quality of life for everyone now and for future generations. High quality inclusive design is identified as one of the key principles that should be applied to ensure that decisions taken on planning applications contribute to the delivery of sustainable development. Paragraph 13(iv) indicates that Design which fails to take the opportunities available for improving the character and quality of an area should not be accepted and at para. 18 that Planning should seek to maintain and improve the local environment.... through positive policies on issues such as design. Further comment regarding Design is made at para s The Mayor's London Plan (consolidated with alterations since 2004): The Development Plan for the area comprises the London Plan (consolidated with alterations since 2004), the Mayor s Spatial Development Strategy for Greater London, published in February 2008, and the Barnet Unitary Development Plan. The London Plan provides a unified framework for strategies that are designed to ensure that all Londoners benefit from sustainable improvements to their quality of life. Policy 4B.1 requires amongst other things that developments maximise a sites potential, promote high quality inclusive design and create or enhance the public realm, respect local context, character and communities, and are attractive to look at. Relevant Unitary Development Plan Policies: 6

7 The statutory plan for the Borough is the Barnet UDP. This was adopted on 18 May 2006, replacing the original UDP adopted in On 13 May 2009 the Secretary of State for Communities and Local Government issued a Direction saving 183 of the 234 policies within the UDP. In June 2005 the Council published its "Three Strands Approach", setting out a vision and direction for future development, regeneration and planning within the Borough. The approach, which is based around the three strands of Protection, Enhancement and Growth, will protect Barnet's high quality suburbs and deliver new housing and successful sustainable communities whilst protecting employment opportunities. The second strand of the approach, "Enhancement", provides strong planning policy protection for preserving the character and openness of lower density suburbs and conservation areas. The Three Strands Approach will form the spatial vision that will underpin the Local Development Framework. Relevant policies to this case: GBEnv1, D1, D2, D3, D5, ENV12. General policy GBEnv1 aims to maintain and improve the character and quality of the environment. Policies D1 & D2 aims to ensure compatibility with the established character and architectural identity of existing and adjoining properties and the general location in terms of scale, design and impact on neighbouring properties. Established local character and townscape quality can be harmed by insensitive development, which is out of scale and unrelated to the locality. Policy D3 says the size, shape, position and detailing of spaces created within or around new buildings should enhance the development of which they are part and should be in keeping with the overall character and quality of the area. Policy ENV12 says that proposals to locate development that is likely to generate unacceptable noise levels close to noise sensitive developments will not normally be permitted. Proposals to locate noise sensitive development in areas with existing high levels of noise will not normally be permitted. Relevant Planning History: 592 Finchley Road, London, NW11 7RX Application: Planning Number: C/13830/A/03 Validated: 21/03/2003 Type: ADV Status: DEC Date: 08/05/2003 Summary: REF Case Officer: Laura Knight Description: Installation of new internally illuminated fascia signage. 592 Finchley Road, London, NW11 7RX Application: Planning Number: C/13830/B/03 Validated: 12/06/2003 Type: APF Status: DEC Date: 11/08/2003 7

8 Summary: REF Case Officer: Laura Knight Description: Single storey front extension. 592 Finchley Road, London, NW11 7RX Application: Planning Number: C/13830/C/03 Validated: 23/06/2003 Type: ADV Status: DEC Date: 04/08/2003 Summary: REF Case Officer: Laura Knight Description: Installation of new internally illuminated fascia signage. 592 Finchley Road, London, NW11 7RX Application: Planning Number: C/13830/D/04 Validated: 03/03/2004 Type: APF Status: APD Date: 28/05/2004 Summary: ALW Case Officer: Laura Knight Description: Variation of Condition 5 of Planning Permission C13830 to allow only 4 consultants to practice at the premises at any one time and Condition 6 "No work shall be carried out on the premises at any time on Sundays or Public Holidays and before 8:00am or after 8:00pm on Monday to Friday and 8:00am to 1:00pm Saturdays". Addition of two off-street car parking spaces. 592 Finchley Road, London, NW11 7RX Application: Planning Number: C/13830/E/05 Validated: 25/01/2005 Type: APF Status: WDN Date: 15/04/2005 Summary: WIT Case Officer: Laura Knight Description: Erection of fence to divide the properties. 592 Finchley Road, London, NW11 7RX Application: Planning Number: C/13830/F/07 Validated: 29/01/2007 Type: ADV Status: DEC Date: 16/03/2007 Summary: APC Case Officer: Claire Thorley Description: Erection of advertisement boards and installation of ground lights in front forecourt. 600 Finchley Road, London, NW11 7RX Application: Planning Number: F/03379/08 Validated: 26/09/2008 Type: APF Status: DEC Date: 21/11/2008 Summary: REF Case Officer: Neil Goldberg Description: Single storey rear extension. Single storey extension to storage shed to provide breakfast space for the bed and breakfast facility. Extension to covered walkway. Reason for refusal was (F/03379/08): Insufficient information has been provided in respect of the proposed development so that the Local Planning Authority is unable to properly assess its impact. In the absence of making a site visit, it is considered that the proposed outbuilding and the associated walkway by reason of its size, location, siting and design 8

9 would have a significant impact on the character of the area and residential amenity of neighbouring properties. The development would appear overbearing and intrusive when viewed from the gardens of neighbouring properties and when viewed from the car park to the rear of the property. This is contrary to Policies GBEnv1, GBEnv2, D1, D2, D3, D4, D5 and H27 of the Barnet Adopted UDP (2006). 592 Finchley Road, London, NW11 7RX Application: Planning Number: F/00785/09 Validated: 06/03/2009 Type: APF Status: DEC Date: 21/04/2009 Summary: APC Case Officer: Junior Moka Description: Single storey building to rear of garden for use as a physiotherapy/fitness building in conjunction with the main building of 592 Finchley Road. 592 Finchley Road, London, NW11 7RX Application: Planning Number: F/03318/09 Validated: 14/09/2009 Type: APF Status: DEC Date: 30/10/2009 Summary: REF Case Officer: Junior Moka Description: Single storey building to rear of garden for use as a physiotherapy/fitness building in conjunction with the main building of 592 Finchley Road. Reason for refusal was (F/03318/09): The outbuilding, by reason of its size, height, location, design and level of activity would be detrimental to the character and appearance of the area in general and be detrimental to the residential amenities of neighbouring occupiers. Contrary to Policies GBEnv1, D1, D2, D3 and ENV12 of the Barnet Adopted Unitary Development Plan(2006). 592 Finchley Road, London, NW11 7RX Application: Planning Number: F/02118/10 Validated: 27/05/2010 Type: APF Status: WDN Date: 05/07/2010 Summary: WIT Case Officer: Junior Moka Description: Single storey building to rear of garden for use as a physiotherapy/ Pilates building in conjunction with the main building of 592 Finchley Road, including associated alterations to garden and new access ramp. 592 Finchley Road, London, NW11 7RX Application: Planning Number: F/02971/10 Validated: 19/07/2010 Type: APF Status: DEC Date: 20/09/2010 Summary: APC Case Officer: Junior Moka Description: Single storey building to rear of garden for use as a physiotherapy/ Pilates building in conjunction with the main building of 592 Finchley Road, including associated alterations to garden and new access ramp. 9

10 Consultations and Views Expressed: Neighbours Consulted: 12 Replies: 4 Neighbours Wishing To Speak 1 The objections raised may be summarised as follows: 1. Out of character and a pure architectural vandalism; 2. no objection to the proposed ramp but don't see why it can not be build up to the existing front building line; 3. Sliding doors are out of character; 4. Plans and drawings are not shown in a wider context; 5. Loss of outlook; 6. Parking concerns; 7. The applicant is misleading the LPA on a number of issues including the to number of on site employees, work being carried out for the NHS; 8. Overdevelopment of this site; 9. Fifth application in a year. Date of Site Notice: 19 August PLANNING APPRAISAL Site Description and Surroundings: The application site is a semi-detached property located just outside of Golders Green Town Centre Conservation Area. The property was converted from a residential property to physiotherapy centre in There appears to be a tree to the front of the site within the curtilage of the site which has a Tree Preservation Order. Proposal: The proposal relates to a new front porch with the addition of a new access ramp and handrails to front entrance and the alterations to the existing steps. The reason the provision of the access ramp has been proposed is to allow disabled access into the premises. The full length of the ramp (including landing area) will be 5.25 metres measured from the outside wall of the proposed front porch and has a proposed width of 1.4 metres. It is proposed to be located 1.9 metres from the boundary of no There will also be access steps like that of existing beside the proposed ramp. The steps will be located 0.75 metres from the boundary of no. 594 with a width of 1.2 metres and extend 0.6 metres (two 'stair goings') beyond the proposed landing area which has a depth of 1.2 metres measured from the outside wall of the proposed porch. The proposed porch has a proposed depth of a metre, a width of 3.87 metres and a height of 2.35 metres from the existing landing area to the roof eaves (2.9 metres from the ground 10

11 level) and 3.65 metres to the highest point of the porch roof as a result of its sloping roof profile (4.1 measured from the ground level). The applicant/agent has taken the decision ( dated 22 September 2010) to formally withdraw the car parking element on the application (indicated within the application form to increase the existing car parking provision from 6 to 8). It has been advised that the car parking will remain unchanged. Barnet s Highways team have been consulted on this aspect and have no objection to the proposal. Planning Considerations: In considering this application the Local Planning Authority considered that the main issues in that case to be: The living conditions of neighbouring residents; Whether harm would be caused to the character and appearance of the area and street scene, having regard to the size and siting of the proposal; The intensity of the use. The living conditions of neighbouring residents One of the Councils key objectives is to improve the quality of life for people living in the Borough and therefore development that results in unacceptable harm to neighbours amenity is unlikely to be supported. Good neighbourliness is a yardstick against which proposals can be measured. Unitary Development Plan Policies D5 and H16 seek, amongst other things, to ensure adequate outlook for occupiers adjoining new development, and that new residential developments should provide and preserve adequate residential amenity, however the policies, and the preamble in the preceding paragraphs, do not offer any guidance for assessment. It is therefore necessary for a judgement to be made by the decision maker with regard to this issue in each case. As a result this proposal, more precisely the proposed porch is not considered to result in a loss of outlook from and light to the front windows to no. 594 Finchley Road which would comply with policy D5. Character and appearance The Borough has an attractive and high quality environment that the Council wishes to protect and enhance. It is therefore considered necessary to carefully assess both the design and form of new development to ensure that it is compatible with the established character of an area that is defined by the type and size of dwellings, the layout, intensity, and relationship with one another and their surroundings. Proposals involving the redevelopment of sites in residential localities are required to reflect the particular character of the street in which the site is located and the scale and proportion of the houses. The proposed porch with addition of the new means of access is considered to result in 11

12 subordinate additions to the application site, in keeping with the character and appearance of the property, street scene and wider area. The proposed overall is considered to comply with the relevant aspects of policies GBEnv1, GBEnv2, D1 and D2 which seek to ensure that proposals are of high quality design, respect the scale of surrounding buildings, and harmonise with local townscape and character. The intensity of the use The proposal together with either of the previously approved outbuilding applications ((F/02971/10 OR F/00785/09) will result in the creation of 1 additional staff member. It is not considered that there will be an increase in unacceptable levels of noise and disturbance resulting from this application. 3. COMMENTS ON GROUNDS OF OBJECTIONS The points of objections are considered to have been covered in the main body of the committee report. It is considered that the planning related concerns raised on this application were not sufficient to constitute a reason for refusal considering the previously approved scheme which is a similar development. 4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Council s Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. Access to the premises via the access ramp by the boundary to no. 594 Finchley Road ensures this with the addition of sliding front doors for easy access. 5. CONCLUSION The proposal complies with the requirements of PPS1, especially paragraph 34 which states in part that, design which is inappropriate in its context, or which fails to take the opportunities available for improving character and quality of an area and the way it functions, should not be accepted. When the Local Planning Authority approve planning applications there may be cases where there is some element of a loss of light to neighbouring properties. It is for the Local Planning Authority to determine whether the loss of light that could occur would be sufficient a reason to refuse the application. The Local Planning Authority have considered this scheme's impact on neighbours to be acceptable. Having taken all material considerations into account, it is considered that subject to compliance with the attached conditions, this proposal complies with the Adopted Barnet UDP policies and would be in keeping with the character and appearance of the surrounding area. It is not considered to have a detrimental impact on the residential amenities of neighbouring occupiers, in particular 594 Finchley Road. This application is in 12

13 keeping with Council Policies and Guidelines and is therefore recommended for APPROVAL. 13

14 SITE LOCATION PLAN: NW11 7RX REFERENCE: (Golders Hill House), 592 Finchley Road, London, F/03211/10 Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA

15 LOCATION: Finchley Road, London, NW2 2JP REFERENCE: F/03217/10 Received: 10 August 2010 Accepted: 16 August 2010 WARD(S): Childs Hill Expiry: 11 October 2010 Final Revisions: APPLICANT: Leyland SDM PROPOSAL: Single storey rear extension to facilitate the conversion of 4 existing shops into 1no A1 retail unit including associated internal alterations, following demolition of outbuildings to the rear. Associated new shop front including new front entrance and associated alterations to all elevations. Alterations to access to residential units above Finchley Road including associated first floor rear extension, and provision of new bin enclosures to both retail and residential units. RECOMMENDATION: Approve Subject to Conditions 1 The development hereby permitted shall be carried out in accordance with the following approved plans: Site and Location Plan; Design & Access Statement; Plan No's: ; B; ; D; For the avoidance of doubt and in the interests of proper planning. 2 Before the development hereby permitted is occupied the proposed parking spaces within the parking area as shown in Drawing No B submitted with the planning application shall be provided and the access to the parking spaces will be maintained at all time. To ensure that the free flow of traffic and highway and pedestrian safety on the adjoining highway is not prejudiced in accordance with Policies M8 and M14 of the London Borough of Barnet Adopted Unitary Development Plan This development must be begun within three years from the date of this permission. To comply with Section 51 of the Planning and Compulsory Purchase Act,

16 4 The materials to be used in the external surfaces of the building(s) shall match those used in the existing building(s) unless otherwise agreed in writing by the local planning authority. To safeguard the visual amenities of the building and the surrounding area. 5 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8.00 am or after 1.00 pm on Saturdays, or before 8.00 am or after 6.00pm on other days unless previously approved in writing by the Local Planning Authority. To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties. 6 Before the development hereby permitted commences, details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins or other refuse storage containers where applicable, together with a satisfactory point of collection shall be submitted to and approved in writing by the Local Planning Authority and shall be provided at the site in accordance with the approved details before the development is occupied. To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area. 7 The roof of the extension hereby permitted shall only be used in connection with the repair and maintenance of the building and shall at no time be converted to or used as a balcony, roof garden or similar amenity or sitting out area, without the benefit of the grant of further specific permission in writing from the Local Planning Authority. To ensure that the amenities of the occupiers of adjoining properties are not prejudiced by overlooking. 16

17 INFORMATIVE(S): 1 The reasons for this grant of planning permission or other planning related decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following polices are relevant: Adopted Barnet Unitary Development Plan (2006): GBEnv1, GBEnv2, D1, D2, D3, D5, D6 and M14. ii) The proposal is acceptable for the following reason(s): - The proposal would comply with the Council policies that seek to preserve the characters of areas and individual properties. Consideration has been given to the impact of the extensions and external alterations on neighbouring occupiers and it is considered that the extensions and external alterations will not harm the amenity of neighbouring occupiers. Approval is recommended. 2 Any highway approval as part of the planning process for the alteration to the existing crossovers or new crossovers will be subject to detailed survey by the Crossover Team in Environment and Operations Directorate as part of the application for crossover under Highways Act Removal or relocation of any existing street furniture or alteration to road markings or Controlled Parking Bays would be subject to public consultations and would be done at the applicant s expense, under a rechargeable works agreement, by the Council s term contractor for Highway Works. In the case where a highway tree is present in the vicinity of the proposed access road or a crossover for the development the final approval would be subject to the detailed assessment carried out by the Highways Crossover Team as part of the crossover application. The outcome of this assessment cannot be prejudged. Information on application for a crossover could be obtained from London Borough of Barnet, Crossover Team, Environment and Operations Directorate, NLBP, Building 4, 2nd Floor, Oakleigh Road South, London N11 1NP 1. MATERIAL CONSIDERATIONS Relevant Unitary Development Plan Policies: Adopted UDP (2006): GBEnv1, GBEnv2, D1, D2, D3, D5, D6 and M14. 17

18 Relevant Planning History: None Relevant. Consultations and Views Expressed: Neighbours Consulted: 137 Replies: 5 Neighbours Wishing To 2 Speak The objections raised may be summarised as follows: - Loss of light according to the BRE guidelines; - Effect on parking: Leyland's customer's vans regularly park on the yellow line at the junction of Ridge Road and Finchley Road - making it very difficult and dangerous to access the Finchley Road at this point; - Considerable impact on pedestrian safety - The proposed development will reduce the space in the current customer car park; - Noise and disturbance - increased customer traffic and deliveries, with increased capacity and trading hours, will have an impact on quality of life; - Dust affects residents health; - Overlooking and loss of privacy; and - The proposed development has a flat roof - restrictions are put in place to prevent it being used as a terrace at any time. Internal /Other Consultations: Traffic & Development - Approval on highway grounds appropriate conditions and informatives have been attached. Environmental Health - Any air conditioning units would require a planning application. Date of Site Notice: 26 August PLANNING APPRAISAL Site Description and Surroundings: The application site consists of an existing parade of shops at No s Finchley Road in the Childs Hill ward. No. 679 is currently vacant, No. 681 is currently occupied as a hairdressers, No s. 683 to 685 are occupied by Leyland SDM an A1 decorator s merchants and No. 687 is occupied by an insurance agent. No. 679 is a single storey unit. No s. 681, 683, 685 and 687 form part of a three storey building, the first and second are purpose built residential flats. The other properties along this section of Finchley Road are characterised by commercial units at ground floor with residential dwellings above. Proposal: The proposal consists of the following elements: 18

19 - Single storey rear extension to facilitate the conversion of 4 existing shops into 1no A1 retail unit including associated internal alterations, following demolition of outbuildings to the rear; - Associated new shop front including new front entrance and associated alterations to all elevations; - Alterations to access to residential units above Finchley Road including associated first floor rear extension; and - Provision of new bin enclosures to both retail and residential units. Planning Considerations: Single storey rear extension to facilitate the conversion of 4 existing shops into 1no A1 retail unit including associated internal alterations, following demolition of outbuildings to the rear: The proposed single storey rear extension would comply with Council Policies that seek to preserve the character of areas and individual properties. The design and siting of the extension is such that it would not have a detrimental impact on the character of either the original property or the area. The proposed rear extension would also comply with Council Policies that seek to preserve the amenities of neighbouring occupiers. The design, size and rearward projection of the proposed extension are such that it would not have an adverse impact on the residential and visual amenities of the neighbouring occupiers. Due to the site specifies it is considered that there will be minimal impact to the properties fronting Prospects Road as there will considerable distance of their gardens to the proposed single storey rear extension. As the height of the extension is only 3 metres it is not considered that there will be unacceptable sense of enclosure of the neighbouring gardens and it is overbearing and obtrusive, causing harm to the outlook and visual amenity of the neighbouring occupiers. Associated new shop front including new front entrance and associated alterations to all elevations: The proposed street elevation would effectively blend in with the existing terraces at the front. It would respect the established pattern of fenestration and general proportions of surrounding buildings. Similarly the proposed front elevation would not look out of character. It is considered that the glazing provides a uniform character to signify the collective units as one and introduces a more modern and updated image for the shop and to the immediate area. Due to these various designs in the existing shopfronts it is not considered that the proposed changes would damage the context of the street and it is not seen as inappropriate for the area. The new front entrance is considered suitable for the premises and is not considered to disrupt the architectural features of these properties. Alterations to access to residential units above No s Finchley Road including associated first floor rear extension: The purpose of the first floor rear extension is merely to allow access to the residential units above No s The proposed first floor rear extension respects the proportions of 19

20 the existing properties. It is not considered that the first floor rear extension will cause harm to the amenities of the neighbouring residents as there are no proposed windows in any of the elevations, thus there would not be any significant impact on privacy in relation to neighbouring properties. As such, policies in Barnet's UDP would be complied with, in particular D2 in respecting its character and appearance, D5 in 'allowing for adequate daylight, sunlight, privacy and outlook for adjoining and potential occupiers and users'. Parking: The proposal is for the extension and conversion of the existing shops into A1 retail unit and demolition of outbuildings to the rear to which no existing parking was available. 3 new parking spaces including a disable parking space is being provided with 6 cycle parking spaces at rear of the site. The Highways team have no objections on highway grounds and the parking provision meets the parking standards set out in the UDP Additionally, as the site is located within a Controlled Parking Zone and is within the Town Centre, close to amenities and public transport it is not considered that the proposal will cause harm to the amenities of the neighbouring residents. 3. COMMENTS ON GROUNDS OF OBJECTIONS It is considered that the planning related concerns raised on this application were not sufficient to constitute a reason for refusal. 4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Council s Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. 5. CONCLUSION The proposal would be in character with the original building and the surrounding area generally and would not be detrimental to the residential amenity of neighbouring occupiers. It is recommended the application be approved. 20

21 SITE LOCATION PLAN: REFERENCE: Finchley Road, London, NW2 2JP F/03217/10 Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA

22 LOCATION: The Manor House, The Sternberg Centre For Judaism, The Lodge, 80 East End Road, London, N3 2SY REFERENCE: F/02908/10 Received: 27 July 2010 Accepted: 14 July 2010 WARD(S): Finchley Church End Expiry: 08 September 2010 Final Revisions: APPLICANT: PROPOSAL: Manor House Trust, New North London Synagogue Renovation of the South-west (garden), South-east and Northeast elevations of the Manor House, works to include cleaning and repair of brickwork and stonework, repointing as required, renovation of windows and shutters, rainwater goods, steps, railings and balustrades and redecoration as necessary. RECOMMENDATION: Approve Subject to Conditions 1 The development hereby permitted shall be carried out in accordance with the following approved plans: 6018/L, 6018/NPA 1, 6018/NPA 2B, 6018/NPA 3 B, 6018/NPA 4 A, 6018/NNPA 5, a design and access statement, details of meeting of 25th June 2010, letter dated 14th July 2010 and dated 23rd September For the avoidance of doubt and in the interests of proper planning. 2 This development must be begun within three years from the date of this permission. To comply with Section 51 of the Planning and Compulsory Purchase Act, Full specification details and schedules for the repair and cleaning of the building shall be submitted to and approved in writing by the Local Planning Authority in consultation with English Heritage before any development hereby permitted is commenced. These details shall include: a) All external joinery including doors, sash windows and shutters b) Masonry and brickwork c) Roof coverings and associated lead work To protect the special architectural interest of the listed building. 22

23 4 Sample areas of brickwork and stonework which has been cleaned, repaired or repointed in accordance with details approved under condition 3 of this consent shall be made available for inspection, and approved in writing by the council in consultation with English Heritage before the works are implemented on the rest of the building. To protect the special architectural interest of the listed building. 5 Sample panels of the proposed iron work to the rear balcony and stair balustradings to the garden elevation shall be submitted to and approved in writing by the Local Planning Authority in consultation with English Heritage before the relevant parts of the works are begun. The relevant parts of the work shall be carried out in accordance with such approved sample panels. The approved sample panels shall be retained on site until the work is completed and has been inspected and approved. To protect the special architectural interest of the listed building. 6 Details at a scale of 1:10 of all new joinery to be used on the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. All new joinery shall demonstrate that it matches the joinery on the existing building. To protect the special architectural interest of the listed building. 7 All new external and internal works and finishes and works of making good to the retained fabric, shall match the existing adjacent work with regard to the methods used and to material, colour, texture and profile, unless shown otherwise on the drawings or other documentation hereby approved or required by any condition(s) attached to this consent. In order to safeguard the special architectural or historic interest of the Listed Building. 8 No new plumbing, pipes, soil stacks, flues, vents or ductwork shall be fixed on the external faces of the building unless otherwise approved in writing by the Local Planning Authority. 23

24 To protect the special architectural interest of the listed building. 9 No new grilles, security alarms, lighting, cameras or other appendages shall be fixed to the external faces of the building unless shown on the approved drawings or agreed in writing by the Local Planning Authority. To protect the special architectural interest of the listed building. 10 No site works or works on this development shall be commenced before temporary tree protection comprising fencing and ground protection has been erected around existing trees in accordance with details to be submitted and approved in writing by the Local Planning Authority. This protection shall remain in position until after the development works are completed and no material, equipment or soil shall be stored within these protected areas. To safeguard the health of existing trees which represent an important amenity feature. 11 No siteworks or works on this development shall be commenced before a method statement detailing precautions to minimise damage to trees in accordance with Section 7 of British Standard BS5837: 2005 Trees in relation to construction - Recommendations is submitted to and approved in writing by the LPA and the development shall be carried out in accordance with such approval. In particular the method statement will detail the location, type, and method of erection of scaffolding; identify the cleansing agent, the mechanism for its application, and measures to contain run-off and / or spillage; arrangements for storage; contingency plans; and details of monitoring. To safeguard the health of existing trees which represent an important amenity feature. 12 No site works or works on this development shall be commenced before details of any scaffolding to be used on the development hereby permitted including type of scaffolding, method of erection, securing dismantling, sheeting and precautions to minimise damage to trees and the listed building, shall be submitted to and approved in writing by the Local Planning Authority. The scaffolding shall be implemented in accordance with the approved details. 24

25 To safeguard the health of existing trees which represent an important amenity feature and the special architectural interest of the listed building. 13 Details for conditions 11 and 12 shall be submitted at the same time. To safeguard the health of existing trees which represent an important amenity feature and the special architectural interest of the listed building. INFORMATIVE(S): 1 The reasons for this grant of planning permission or other planning related decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following polices are relevant: PPS1 and PPS5 Adopted Barnet Unitary Development Plan (2006): GBEnv1, GBEnv2, GBEn4, D1, D2, D4, D7, D11, D12, D13, HC9, HC10, HC12, HC16, HC17, HC18, HC19 and HC20. ii) The proposal is acceptable for the following reason(s): - Having taken all material considerations into account, it is considered that subject to compliance with the attached conditions, the proposal would comply with the Council's policies and guidelines and would not cause unacceptable harm to the area, the listed building, protected trees or the amenities of any neighbouring property. 1. MATERIAL CONSIDERATIONS National Planning Policy Guidance/ Statements: PPS1 and PPS5 Relevant Unitary Development Plan Policies: GBEnv1, GBEnv2, GBEn4, D1, D2, D4, D7, D11, D12, D13, HC9, HC10, HC12, HC16, HC17, HC18, HC19 and HC20. Relevant Planning History: Application Reference: Case Officer: Proposal: F/01729/09 Fabien Gaudin Renovation of the south-west (garden) elevation of the Manor house, works to include cleaning and repair of brickwork and stonework, 25

26 repointing as required, renovation of windows and shutters, rainwater goods, steps, railings and balustrades and redecoration as necessary. Stat Start Date 19/05/2009 Application Type APF Decision WIT Decision Date 10/07/2009 Application Reference: F/01103/09 Case Officer: David Campbell Proposal: Demolition of existing house and erection of a new two storey plus rooms in the roofspace and basement detached house. Stat Start Date 31/03/2009 Application Type APF Decision APC Decision Date 22/05/2009 Application Reference: C00403BS/01 Case Officer: Clive Townsend Proposal: Installation of air-conditioned plant to serve computer server room at second floor level. Stat Start Date 08/01/2001 Application Type LBC Decision APC Decision Date 06/03/2001 Application Reference: C00403CZ/06 Case Officer: Peter Alsop Proposal: Submission of details of ventilation and extraction in part pursuance of Condition 8 of planning permission C00403CL/05 dated Stat Start Date 21/04/2006 Application Type CON Decision AP Decision Date 18/09/2006 Application Reference: F/04792/08 Case Officer: Fabien Gaudin Proposal: Retention of the construction access to the Sternberg Centre. (Original listed building consent C00403CQ dated19/04/06) Stat Start Date 12/12/2008 Application Type LBC Decision APC Decision Date 05/02/2009 Application Reference: C15737/04 Case Officer: Fabien Gaudin Proposal: Alteration to roof including hip to gable and rear dormer window. Stat Start Date 16/03/2004 Application Type 192 Decision LW Decision Date 15/04/2004 Application Reference: Case Officer: Proposal: Stat Start Date 23/12/2005 Application Type APF C00403CR/05 Peter Alsop Demolition of a section of Listed Building wall to provide temporary site access for construction. Reinstatement on completion. 26

27 Decision APC Decision Date 19/04/2006 Application Reference: F/00730/08 Case Officer: Fabien Gaudin Proposal: Erection of synagogue (Variation of Listed Building consent C00403CM/05 dated for demolition of existing Akiva School, link block, caretakers house and all timber-framed and prefabricated outbuildings, and erection of new Akiva School block adjacent Windermere Avenue and Pavillion Mews, new synagogue adjacent St. Theresa's Primary School and extension and alterations to existing stable block/biet Limmud building including meeting/conference rooms, associated offices and canteen, together with associated changes to landscaping, provision of 50 car-parking spaces, single storey refuse store and alterations to Manor House) (LISTED BUILDING CONSENT) Stat Start Date 24/04/2008 Application Type LBC Decision APC Decision Date 24/07/2008 Application Reference: C16249/05 Case Officer: Kevin Waters Proposal: Ground floor and first floor side extension. Stat Start Date 09/05/2005 Application Type APF Decision REF Decision Date 30/06/2005 Application Reference: F/02287/08 Case Officer: Fabien Gaudin Proposal: Overhaul, repair and redecorate 15 No. box sash windows at third floor (roof) level and roof access doors. Stat Start Date 02/07/2008 Application Type LBC Decision APC Decision Date 13/08/2008 Application Reference: F/01121/10 Case Officer: Fabien Gaudin Proposal: Renovation of the south-west (garden) elevation of the Manor house, works to include cleaning and repair of brickwork and stonework, repointing as required, renovation of windows and shutters, rainwater goods, steps, railings and balustrades and redecoration as necessary. Stat Start Date 19/03/2010 Application Type APF Decision WIT Decision Date 06/05/2010 Application Reference: C00403W/01 Case Officer: Clive Townsend Proposal: Relocation of existing CCTV camera, installation of new cameras and movement detectors. Stat Start Date 07/08/2001 Application Type APF Decision APC Decision Date 26/11/

28 Application Reference: C00403FA/08 Case Officer: Fabien Gaudin Proposal: Remedial works to part of listed boundary wall facing East End Road including remedial foundation and incorporation of new stabilising brickwork piers.work to trees as per consent C00403ET/07 (LISTED BUILDING CONSENT) Stat Start Date 25/03/2008 Application Type LBC Decision APC Decision Date 27/08/2008 Application Reference: C00403DT/06 Case Officer: Peter Alsop Proposal: Retention of 2No. relocated CCTV cameras. Stat Start Date 27/07/2006 Application Type S63 Decision AP Decision Date 18/09/2006 Application Reference: F/04791/08 Case Officer: Fabien Gaudin Proposal: Continued use of construction access to the Sternberg Centre for a further 2 years. (Original planning permission C00403CR dated 16/03/06) Stat Start Date 12/12/2008 Application Type S63 Decision APC Decision Date 05/02/2009 Application Reference: C/00403/EZ/08 Case Officer: Fabien Gaudin Proposal: Remedial works to part of listed boundary wall facing East End Road including remedial foundation and incorporation of new stabilising brickwork piers. Work to trees as per consent C00403ET/07 Stat Start Date 25/03/2008 Application Type APF Decision APC Decision Date 27/08/2008 Application Reference: F/01122/10 Case Officer: Fabien Gaudin Proposal: Renovation of the south-west (garden) elevation of the Manor house, works to include cleaning and repair of brickwork and stonework, repointing as required, renovation of windows and shutters, rainwater goods, steps, railings and balustrades and redecoration as necessary. LISTED BUILDING CONSENT Stat Start Date 19/03/2010 Application Type LBC Decision WIT Decision Date 06/05/2010 Consultations and Views Expressed: Neighbours Consulted: 74 Replies: 4 Neighbours Wishing To 1 Speak 28

29 The objections raised may be summarised as follows: Overlooking Works could harm protected trees. Internal /Other Consultations: Urban Design & Heritage - No objections. English Heritage -Listed Build - No objections. Trees and Landscapes - No objection. Date of Site Notice: 05 August PLANNING APPRAISAL Site Description and Surroundings: The Sternberg Centre is located on the south west side of East End Road opposite the junction with Manor View. The Sternberg Centre occupies a site of approximately 3.03 hectares and comprises (amongst other buildings) an 18 th Century moated site which is designated as a Scheduled Ancient Monument and a 18 th Century three storey Manor House which is designated as a Grade II* Listed Building The wall along the East End Road stretch of the site from the existing gated entry point to the south east corner of the site forms part of the Listed Building. The current application relates to the section of wall that runs from the south east corner of the East End frontage for approximately 38 metres. This part of the wall is likely to be from the 18 th century. It is the section of the wall directly in front of the location of the recently approved NNLS building. Planning permission was granted in 2006 for the partial demolition of an 8.2m stretch of the front boundary wall along East End Road in order to form a temporary secondary access into the site to allow construction traffic access during the phased construction of the larger redevelopment of the site. The current application has no implications on this permission. Proposal: It is proposed to carry out a variety of external works, mainly of repair but also involving restoration and replacement of missing or defective features. English Heritage has been consulted and will provide specialist advice in view of the nature of these works. A site meeting was held on 25 June to discuss the various works proposed. Universal Stone is the preferred contractor but tenders cannot be considered until listed building consent has been granted, conditionally, for the works. Proposals include: Erection of scaffolding of the building in preparation for the works (to avoid damage to the building and adjoining cedar trees) 29

30 Re-pointing of brickwork. Sample testing of mortar will need to be carried out. Applicant to specify which areas to be re-pointed. Cleaning of brickwork (with steam or water). Stonework cleaning and repairs (including steps, door architraves and pediments, quoins and rear balcony. Reinstatement of missing balustrading and railings in mild steel. Designs to replicate original metalwork. Window repair/replacement. Specification of repairs required, including schedule of proposed replacement. Re-slating of dormer roofs and cheeks Window shutters. Repair/replace and repaint. Overhauling of rainwater goods. Planning Considerations: The main considerations are impact on the listed building and impact on the protected trees. Impact on the Listed Building The proposed works which largely involve repair work to the grade II* are considered to be acceptable. The final details of the development will be subject to a series of conditions which have been attached. Neither English Heritage or the council's Conservation Team have raised an objection to the application subject to these conditions. Impact on Protected Trees In addition to the above applications, there is a separate TPO treatment application (TPO/00383/10/F) to tip reduce the laterals growing towards the building by approx. 1m as specified of the 2 x Cedar trees. Trees at the site are included in two separate Tree Preservation Orders and trees add significantly to the setting of the Listed Building. The two Cedars immediately to the rear of the Manor House are particularly important but they, and the Yew on the front adjacent to the school, are at potential risk of damage e.g. from scaffolding and chemical splash / runoff / spillage if appropriate techniques are not used. The reference to fix chestnut paling fencing around tree boles, approx 3000 from centre line of bole (on 6018/NPA2B) is completely inadequate and would fail to protect the trees from risk of damage. The treeworks application includes some additional information including a report from Writtle Park Arboricultural Consultancy Ltd. Whilst this does provide some measures to minimise the risk of damage to the trees, it is clear that the specific details of the proposal 30

31 are at an early stage and that exact methodology, techniques, scaffolding, cleaning materials etc have not yet been determined. In these circumstances it is considered that whilst the proposed renovation works may feasibly be undertaken without risk of significant detriment to the trees, the imposition of conditions requiring submission of much more detailed information is necessary. The Trees and Landscapes Team raises no objections subject to conditions. It is therefore recommended that the application be approved subject to conditions protecting the building and trees on site. 3. COMMENTS ON GROUNDS OF OBJECTIONS The grounds of objection are considered to have been covered in the main report. The development is not considered to give rise to any overlooking. 4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Council s Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. 5. CONCLUSION Having taken all material considerations into account, it is considered that subject to compliance with the attached conditions, the proposal would comply with the Council's policies and guidelines and would not cause unacceptable harm to the area, the listed building, protected trees or the amenities of any neighbouring property. It is therefore recommended that the application be APPROVED. 31

32 SITE LOCATION PLAN: The Manor House, The Sternberg Centre For Judaism, The Lodge, 80 East End Road, London, N3 2SY REFERENCE: F/02908/10 Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA

33 LOCATION: The Manor House, The Sternberg Centre For Judaism, The Lodge, 80 East End Road, London, N3 2SY REFERENCE: F/02909/10 Received: 14 July 2010 Accepted: 14 July 2010 WARD(S): Finchley Church End Expiry: 08 September 2010 Final Revisions: APPLICANT: PROPOSAL: Manor House Trust, New North London Synagogue Renovation of the South-west (garden), South-east and Northeast elevations of the Manor House, works to include cleaning and repair of brickwork and stonework, repointing as required, renovation of windows and shutters, rainwater goods, steps, railings and balustrades and redecoration as necessary. (Listed Building Consent) RECOMMENDATION: Approve Subject to Conditions 1 The development hereby permitted shall be carried out in accordance with the following approved plans: 6018/L, 6018/NPA 1, 6018/NPA 2B, 6018/NPA 3 B, 6018/NPA 4 A, 6018/NNPA 5, a design and access statement, details of meeting of 25th June 2010, letter dated 14th July 2010 and dated 23rd September For the avoidance of doubt and in the interests of proper planning. 3 This work must be begun not later than three years from the date of this consent. To comply with Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended). 4 Full specification details and schedules for the repair and cleaning of the building shall be submitted to and approved in writing by the Local Planning Authority in consultation with English Heritage before any development hereby permitted is commenced. These details shall include: a) All external joinery including doors, sash windows and shutters b) Masonry and brickwork c) Roof coverings and associated lead work 33

34 To protect the special architectural interest of the listed building. 5 Sample areas of brickwork and stonework which has been cleaned, repaired or repointed in accordance with details approved under condition 3 of this consent shall be made available for inspection, and approved in writing by the council in consultation with English Heritage before the works are implemented on the rest of the building. To protect the special architectural interest of the listed building. 6 Sample panels of the proposed iron work to the rear balcony and stair balustradings to the garden elevation shall be submitted to and approved in writing by the Local Planning Authority in consultation with English Heritage before the relevant parts of the works are begun. The relevant parts of the work shall be carried out in accordance with such approved sample panels. The approved sample panels shall be retained on site until the work is completed and has been inspected and approved. To protect the special architectural interest of the listed building. 7 Details at a scale of 1:10 of all new joinery to be used on the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. All new joinery shall demonstrate that it matches the joinery on the existing building. To protect the special architectural interest of the listed building. 8 All new external and internal works and finishes and works of making good to the retained fabric, shall match the existing adjacent work with regard to the methods used and to material, colour, texture and profile, unless shown otherwise on the drawings or other documentation hereby approved or required by any condition(s) attached to this consent. In order to safeguard the special architectural or historic interest of the Listed Building. 34

35 9 No new plumbing, pipes, soil stacks, flues, vents or ductwork shall be fixed on the external faces of the building unless otherwise approved in writing by the Local Planning Authority. To protect the special architectural interest of the listed building. 10 No new grilles, security alarms, lighting, cameras or other appendages shall be fixed to the external faces of the building unless shown on the approved drawings or agreed in writing by the Local Planning Authority. To protect the special architectural interest of the listed building. 11 No site works or works on this development shall be commenced before details of any scaffolding to be used on the development hereby permitted including type of scaffolding, method of erection, securing dismantling, sheeting and precautions to minimise damage to trees and the listed building, shall be submitted to and approved in writing by the Local Planning Authority. The scaffolding shall be implemented in accordance with the approved details. To safeguard the health of existing trees which represent an important amenity feature and the special architectural interest of the listed building. INFORMATIVE(S): 2 The reasons for this grant of planning permission or other planning related decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following polices are relevant: PPS1 and PPS5 Adopted Barnet Unitary Development Plan (2006): GBEnv1, GBEnv2, GBEn4, D1, D2, D4, D7, D11, D12, D13, HC9, HC10, HC12, HC16, HC17, HC18, HC19 and HC20. ii) The proposal is acceptable for the following reason(s): - Having taken all material considerations into account, it is considered that subject to compliance with the attached conditions, the proposal would comply with the Council's policies and guidelines and would not cause unacceptable harm to the area, the listed building, protected trees or the amenities of any 35

36 neighbouring property. 2. PLANNING APPRAISAL National Planning Policy Guidance/ Statements: PPS1 and PPS5 Relevant Unitary Development Plan Policies: GBEnv1, GBEnv2, GBEn4, D1, D2, D4, D7, D11, D12, D13, HC9, HC10, HC12, HC16, HC17, HC18, HC19 and HC20. Relevant Planning History: Application Reference: F/01729/09 Case Officer: Fabien Gaudin Proposal: Renovation of the south-west (garden) elevation of the Manor house, works to include cleaning and repair of brickwork and stonework, repointing as required, renovation of windows and shutters, rainwater goods, steps, railings and balustrades and redecoration as necessary. Stat Start Date 19/05/2009 Application Type APF Decision WIT Decision Date 10/07/2009 Application Reference: F/01103/09 Case Officer: David Campbell Proposal: Demolition of existing house and erection of a new two storey plus rooms in the roofspace and basement detached house. Stat Start Date 31/03/2009 Application Type APF Decision APC Decision Date 22/05/2009 Application Reference: C00403BS/01 Case Officer: Clive Townsend Proposal: Installation of air-conditioned plant to serve computer server room at second floor level. Stat Start Date 08/01/2001 Application Type LBC Decision APC Decision Date 06/03/2001 Application Reference: C00403CZ/06 Case Officer: Peter Alsop Proposal: Submission of details of ventilation and extraction in part pursuance of Condition 8 of planning permission C00403CL/05 dated Stat Start Date 21/04/2006 Application Type CON Decision AP Decision Date 18/09/

37 Application Reference: F/04792/08 Case Officer: Fabien Gaudin Proposal: Retention of the construction access to the Sternberg Centre. (Original listed building consent C00403CQ dated19/04/06) Stat Start Date 12/12/2008 Application Type LBC Decision APC Decision Date 05/02/2009 Application Reference: C15737/04 Case Officer: Fabien Gaudin Proposal: Alteration to roof including hip to gable and rear dormer window. Stat Start Date 16/03/2004 Application Type 192 Decision LW Decision Date 15/04/2004 Application Reference: C00403CR/05 Case Officer: Peter Alsop Proposal: Demolition of a section of Listed Building wall to provide temporary site access for construction. Reinstatement on completion. Stat Start Date 23/12/2005 Application Type APF Decision APC Decision Date 19/04/2006 Application Reference: F/00730/08 Case Officer: Fabien Gaudin Proposal: Erection of synagogue (Variation of Listed Building consent C00403CM/05 dated for demolition of existing Akiva School, link block, caretakers house and all timber-framed and prefabricated outbuildings, and erection of new Akiva School block adjacent Windermere Avenue and Pavillion Mews, new synagogue adjacent St. Theresa's Primary School and extension and alterations to existing stable block/biet Limmud building including meeting/conference rooms, associated offices and canteen, together with associated changes to landscaping, provision of 50 car-parking spaces, single storey refuse store and alterations to Manor House) (LISTED BUILDING CONSENT) Stat Start Date 24/04/2008 Application Type LBC Decision APC Decision Date 24/07/2008 Application Reference: C16249/05 Case Officer: Kevin Waters Proposal: Ground floor and first floor side extension. Stat Start Date 09/05/2005 Application Type APF Decision REF Decision Date 30/06/2005 Application Reference: Case Officer: Proposal: Stat Start Date 02/07/2008 Application Type LBC F/02287/08 Fabien Gaudin Overhaul, repair and redecorate 15 No. box sash windows at third floor (roof) level and roof access doors. 37

38 Decision APC Decision Date 13/08/2008 Application Reference: F/01121/10 Case Officer: Fabien Gaudin Proposal: Renovation of the south-west (garden) elevation of the Manor house, works to include cleaning and repair of brickwork and stonework, repointing as required, renovation of windows and shutters, rainwater goods, steps, railings and balustrades and redecoration as necessary. Stat Start Date 19/03/2010 Application Type APF Decision WIT Decision Date 06/05/2010 Application Reference: C00403W/01 Case Officer: Clive Townsend Proposal: Relocation of existing CCTV camera, installation of new cameras and movement detectors. Stat Start Date 07/08/2001 Application Type APF Decision APC Decision Date 26/11/2001 Application Reference: C00403FA/08 Case Officer: Fabien Gaudin Proposal: Remedial works to part of listed boundary wall facing East End Road including remedial foundation and incorporation of new stabilising brickwork piers.work to trees as per consent C00403ET/07 (LISTED BUILDING CONSENT) Stat Start Date 25/03/2008 Application Type LBC Decision APC Decision Date 27/08/2008 Application Reference: C00403DT/06 Case Officer: Peter Alsop Proposal: Retention of 2No. relocated CCTV cameras. Stat Start Date 27/07/2006 Application Type S63 Decision AP Decision Date 18/09/2006 Application Reference: F/04791/08 Case Officer: Fabien Gaudin Proposal: Continued use of construction access to the Sternberg Centre for a further 2 years. (Original planning permission C00403CR dated 16/03/06) Stat Start Date 12/12/2008 Application Type S63 Decision APC Decision Date 05/02/2009 Application Reference: Case Officer: Proposal: C/00403/EZ/08 Fabien Gaudin Remedial works to part of listed boundary wall facing East End Road including remedial foundation and incorporation of new stabilising brickwork piers. Work to trees as per consent C00403ET/07 38

39 Stat Start Date 25/03/2008 Application Type APF Decision APC Decision Date 27/08/2008 Application Reference: F/01122/10 Case Officer: Fabien Gaudin Proposal: Renovation of the south-west (garden) elevation of the Manor house, works to include cleaning and repair of brickwork and stonework, repointing as required, renovation of windows and shutters, rainwater goods, steps, railings and balustrades and redecoration as necessary. LISTED BUILDING CONSENT Stat Start Date 19/03/2010 Application Type LBC Decision WIT Decision Date 06/05/2010 Consultations and Views Expressed: Neighbours Consulted: 74 Replies: 4 Neighbours Wishing To 1 Speak The objections raised may be summarised as follows: Overlooking Works could harm protected trees. Internal /Other Consultations: Urban Design & Heritage - No objections. English Heritage -Listed Build - No objections. Date of Site Notice: 05 August PLANNING APPRAISAL Site Description and Surroundings: The Sternberg Centre is located on the south west side of East End Road opposite the junction with Manor View. The Sternberg Centre occupies a site of approximately 3.03 hectares and comprises (amongst other buildings) an 18 th Century moated site which is designated as a Scheduled Ancient Monument and a 18 th Century three storey Manor House which is designated as a Grade II* Listed Building The wall along the East End Road stretch of the site from the existing gated entry point to the south east corner of the site forms part of the Listed Building. The current application relates to the section of wall that runs from the south east corner of the East End frontage for approximately 38 metres. This part of the wall is likely to be from the 18 th century. It is 39

40 the section of the wall directly in front of the location of the recently approved NNLS building. Planning permission was granted in 2006 for the partial demolition of an 8.2m stretch of the front boundary wall along East End Road in order to form a temporary secondary access into the site to allow construction traffic access during the phased construction of the larger redevelopment of the site. The current application has no implications on this permission. Proposal: It is proposed to carry out a variety of external works, mainly of repair but also involving restoration and replacement of missing or defective features. English Heritage has been consulted and will provide specialist advice in view of the nature of these works. A site meeting was held on 25 June to discuss the various works proposed. Universal Stone is the preferred contractor but tenders cannot be considered until listed building consent has been granted, conditionally, for the works. Proposals include: Erection of scaffolding of the building in preparation for the works (to avoid damage to the building and adjoining cedar trees) Re-pointing of brickwork. Sample testing of mortar will need to be carried out. Applicant to specify which areas to be re-pointed. Cleaning of brickwork (with steam or water). Stonework cleaning and repairs (including steps, door architraves and pediments, quoins and rear balcony. Reinstatement of missing balustrading and railings in mild steel. Designs to replicate original metalwork. Window repair/replacement. Specification of repairs required, including schedule of proposed replacement. Re-slating of dormer roofs and cheeks Window shutters. Repair/replace and repaint. Overhauling of rainwater goods. Planning Considerations: The main considerations are impact on the listed building and impact on the protected trees. Impact on the Listed Building The proposed works which largely involve repair work to the grade II* are considered to be acceptable. The final details of the development will be subject to a series of conditions which have been attached. Neither English Hertitage or the council's Conservation Team have raised an objection to the application subject to these conditions. 40

41 Impact on Protected Trees In addition to the above applications, there is a separate TPO treatment application (TPO/00383/10/F) to tip reduce the laterals growing towards the building by approx. 1m as specified of the 2 x Cedar trees. Trees at the site are included in two separate Tree Preservation Orders and trees add significantly to the setting of the Listed Building. The two Cedars immediately to the rear of the Manor House are particularly important but they, and the Yew on the front adjacent to the school, are at potential risk of damage e.g. from scaffolding and chemical splash / runoff / spillage if appropriate techniques are not used. The reference to fix chestnut paling fencing around tree boles, approx 3000 from centre line of bole (on 6018/NPA2B) is completely inadequate and would fail to protect the trees from risk of damage. The treeworks application includes some additional information including a report from Writtle Park Arboricultural Consultancy Ltd. Whilst this does provide some measures to minimise the risk of damage to the trees, it is clear that the specific details of the proposal are at an early stage and that exact methodology, techniques, scaffolding, cleaning materials etc have not yet been determined. In these circumstances it is considered that whilst the proposed renovation works may feasibly be undertaken without risk of significant detriment to the trees, the imposition of conditions requiring submission of much more detailed information is necessary. It is therefore recommended that the application be approved subject to conditions protecting the building and trees on site. 3. COMMENTS ON GROUNDS OF OBJECTIONS The grounds of objection are considered to have been covered in the main report. The development is not considered to give rise to any overlooking. 4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Council s Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. 5. CONCLUSION Having taken all material considerations into account, it is considered that subject to compliance with the attached conditions, the proposal would comply with the Council's policies and guidelines and would not cause unacceptable harm to the area, the listed building or the amenities of any neighbouring property. It is therefore recommended that the application be APPROVED. 41

42 SITE LOCATION PLAN: The Manor House, The Sternberg Centre For Judaism, The Lodge, 80 East End Road, London, N3 2SY REFERENCE: F/02909/10 Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA

43 LOCATION: Land Adjacent to 37 Elmcroft Crescent, London, NW11 REFERENCE: F/03433/10 Received: 16 August 2010 Accepted: 16 August 2010 WARD(S): Golders Green Expiry: 11 October 2010 Final Revisions: APPLICANT: PROPOSAL: Talmud Torah Tiferes Shlomo Demolition of existing building and erection of part single, part two storey buildings for use as one form entry school. Associated ground floor and first floor playgrounds. RECOMMENDATION: Approve Subject to S106 RECOMMENDATION I: That the applicant and any other person having a requisite interest be invited to enter by way of an agreement into a planning obligation under Section 106 of the Town and Country Planning Act 1990 and any other legislation which is considered necessary for the purposes seeking to secure the following: 1 Paying the council's legal and professional costs of preparing the Agreement and any other enabling agreements; 2 All obligations listed below to become enforceable in accordance with a timetable to be agreed in writing with the Local Planning Authority; 3 Highways Improvement (local to the site) 25, A contribution towards local highway improvements within the vicinity of the development. 4 Requirement to submit Travel Plan 0.00 Requirement to submit a Travel Plan for approval by the Council prior to first occupation of the development and the obligation to provide a contribution towards the Council's costs of monitoring the implementation of a Travel Plan. 5 Special Site-Specific Obligation 5, Monitoring of the Travel Plan. 6 Special Site-Specific Obligation 0.00 The school shall have a maximum of 210 pupils. 7 Special Site-Specific Obligation 0.00 The building shall only be used for school facilities and not for any other community use. 8 Monitoring of the Agreement 3,

44 Contribution towards the Council's costs in monitoring the obligations of the agreement. RECOMMENDATION II: That upon completion of the agreement the Assistant Director of Planning and Development Management approve the planning application reference: F/03632/10 under delegated powers subject to the following conditions: - 1 The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan; Design & Access Statement - Dated 1 June 2009; School Travel Plan Framework; Plan No's: ELM sk 502 A; ELM sk 503 A; ELM sk 504 A; ELM sk 505 A; ELM ex 001 B; ELM ga 001 C; ELM ga 102 M; ELM ga 103 M; ELM ga 105 K; ELM ga 200 L; ELM ex 300 A; ELM ga 301 L. For the avoidance of doubt and in the interests of proper planning. 2 This development must be begun within three years from the date of this permission. To comply with Section 51 of the Planning and Compulsory Purchase Act, Before this development is commenced, details of the levels of the building(s), road(s) and footpath(s) in relation to adjoining land and highway(s) and any other changes proposed in the levels of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved. To ensure that the work is carried out at suitable levels in relation to the highway and adjoining land having regard to drainage, gradient of access and the amenities of adjoining occupiers and the health of any trees on the site. 4 Before the development hereby permitted commences, details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved. 44

45 To safeguard the visual amenities of the locality. 5 Before the development hereby permitted is brought into use or occupied the site shall be enclosed except at the permitted points of access in accordance with details previously submitted to and approved in writing by the Local Planning Authority. To ensure that the proposed development does not prejudice the appearance of the locality and/or the amenities of occupiers of adjoining residential properties and to confine access to the permitted points in the interest of the flow of traffic and conditions of general safety on the adjoining highway. 6 Before the building hereby permitted is occupied the proposed window in the assembly/lunch room/kitchenette shall be glazed with obscure glass only and shall be permanently retained as such thereafter, unless otherwise agreed in writing with the Local Planning Authority. To safeguard the privacy and amenities of occupiers of adjoining residential properties. 7 The school hereby permitted shall only be open between the hours of 9am to 6pm Monday to Friday and shall be closed on Saturday, Sundays and Public and Bank Holidays. To protect the amenities of neighbouring occupiers. 8 Before the development is occupied a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. This should include the appointment of a Travel Plan Co-ordinator. The Travel Plan should be reviewed annually in accordance with the targets set out in the Travel Plan. To encourage the use of sustainable forms of transport to the site in accordance with policies GSD and GNon Car of the Adopted Unitary Development Plan (2006). 9 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no development otherwise permitted by part 32 Class A of that Order shall be carried out within the 45

46 area of the school hereby approved without the prior written permission of the local planning authority. To safeguard the amenities of neighbouring occupiers and the general locality. 10 The acoustic sound barrier and associated planting as detailed in the Design and Access Statement shall be installed before the rooftop playgrounds are first used. The acoustic sound barrier and associated planting shall be permanently maintained thereafter and shall not be altered unless first agreed in writing by the Local Planning Authority. To ensure that the amenities of neighbouring residents are not prejudiced. 11 Before the development hereby permitted commences details of a suitable secure cycle parking facility should be submitted and approved in writing by the local planning authority and shall be provided at the site before the development is occupied. To ensure that cycle parking is provided in accordance with the council's standards in the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area. 12 The non-residential development is required to meet the following generic environmental standard (BREEAM) and at a level specified at Section 6.11 of the adopted Sustainable Design and Construction Supplementary Planning Document (June 2007). Before the development is first occupied the developer shall submit certification of the selected generic environmental standard. To ensure that the development is sustainable and complies with Strategic and Local Policies. 13 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8.00 am or after 1.00 pm on Saturdays, or before 8.00 am or after 6.00pm on other days unless previously approved in writing by the Local Planning Authority. To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties. 46

47 14 Provisions shall be made within the site to ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. To ensure that the development does not cause danger and inconvenience to users of the adjoining pavement and highway. 15 Part 1 Before development commences other than for investigative work: a. A desktop study shall be carried out which shall include the identification of previous uses, potential contaminants that might be expected, given those uses, and other relevant information. Using this information, a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors shall be produced. The desktop study and Conceptual Model shall be submitted to the Local Planning Authority. If the desktop study and Conceptual Model indicate no risk of harm, development shall not commence until approved in writing by the Local Planning Authority.- b. If the desktop study and Conceptual Model indicate any risk of harm, a site investigation shall be designed for the site using information obtained from the desktop study and Conceptual Model. This shall be submitted to, and approved in writing by, the Local Planning Authority prior to that investigation being carried out on site. The investigation must be comprehensive enough to enable:- a risk assessment to be undertaken, refinement of the Conceptual Model, and the development of a Method Statement detailing the remediation requirements. The risk assessment and refined Conceptual Model shall be submitted, along with the site investigation report, to the Local Planning Authority. c. If the risk assessment and refined Conceptual Model indicate any risk of harm, a Method Statement detailing the remediation requirements, using the information obtained from the site investigation, and also detailing any post remedial monitoring shall be submitted to, and approved in writing by, the Local Planning Authority prior to that remediation being carried out on site. 47

48 Part 2 Where remediation of contamination on the site is required completion of the remediation detailed in the method statement shall be carried out and a report that provides verification that the required works have been carried out, shall be submitted to, and approved in writing by the Local Planning Authority before the development is occupied. To ensure the development can be implemented and occupied with adequate regard for environmental and public safety. 16 Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced. To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties. 17 The level of noise emitted from the ventilation/extraction plant hereby approved shall be at least 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room of a neighbouring residential property. If the noise emitted has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and/or distinct impulse (bangs, clicks, clatters, thumps), then it shall be at least 10dB(A) below the background level, as measured from any point 1 metre outside the window of any room of a neighbouring residential property. To ensure that the proposed development does not prejudice the amenities of occupiers of neighbouring properties. 18 Before development commences, a report should be carried out by a competent acoustic consultant and submitted to the Local Planning Authority for approval, that assesses the likely noise impacts from the development of the ventilation/extraction plant. The report shall also clearly outline mitigation measures for the development to reduce these noise impacts to acceptable levels. It should include all calculations and baseline data, and be set out so that the Local Planning Authority can fully audit the report and critically analyse the contents and recommendations. The approved measures shall be 48

49 implemented in their entirety before (any of the units are occupied / the use commences). To ensure that the amenities of neighbouring premises are protected from noise from the development. 19 A scheme for acoustic barrier shall be submitted in writing and approved by the Local Planning Authority prior to development. This scheme shall be fully implemented before the development hereby permitted is brought into use. To ensure that the proposed development does not prejudice the enjoyment of the occupiers of their home(s). 20 The development shall be constructed/adapted so as to provide sufficient air borne and structure borne sound insulation against internally/externally generated noise and vibration. This sound insulation shall ensure that the levels of noise generated from the (specified use) as measured within habitable rooms of the development shall be no higher than 35dB(A) from 7am to 11pm and 30dB(A) in bedrooms from 11pm to 7am. A scheme for mitigation measures shall be submitted to and approved by the Local Planning Authority prior to development. The approved mitigation scheme shall be implemented in its entirety before (any of the units are occupied / the use commences). To ensure that the proposed development does not prejudice the amenities of occupiers of the residential properties. 21 Development shall not begin until a scheme for protecting the proposed development from vibration, has been submitted to and approved by the Local Planning Authority. The vibration protection scheme include such combination of land separation, vibration control techniques and other measures, as maybe be approved by the Local Planning Authority, in the light of current guidance on vibration levels. The said scheme shall include such secure provision as will ensure that it endures for so long as the development is available for use and that any and all constituents parts are repaired and maintained and replaced in whole or in part so often as occasion may require. The approved mitigation scheme shall be implemented in its entirety before (any of the units are occupied / the use commences). 49

50 To ensure that the amenities of occupiers are not prejudiced by rail and / or road traffic vibration in the immediate surroundings. 22 Before development commences, a report should be carried out by an approved acoustic consultant and submitted to the Local Planning Authority for approval that assesses the likely noise impacts from the development with regards to its use as a school. The report shall also clearly outline mitigation measures for the development to reduce these noise impacts to acceptable levels. It should include all calculations and baseline data, and be set out so that the Local Planning Authority can fully audit the report and critically analyse the contents and recommendations. The approved measures shall be implemented in their entirety before (any of the units are occupied/ the use commences). Reason To ensure that the amenities of neighbouring premises are protected from noise from the development. INFORMATIVE(S): 1 The reasons for this grant of planning permission or other planning related decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following polices are relevant: Adopted Barnet Unitary Development Plan (2006): M3, M10, M13, GBEnv1; GBEnv2, GCS1; D1, D2, D3; CS4; CS6. ii) The proposal is acceptable for the following reason(s): - The proposed development would not harm the character of the area of be harmful to the amenities of the neighbouring properties. Subject to the section 106 agreement, the development would not have a detrimental impact on the highway or the free flow of traffic. The building has been designed in such a way so as not to be harmful to the amenity of the neighbouring properties and will not harm the established character of the area. 2 Your attention is drawn to the fact that this decision is subject to a Section 106 Planning Obligation. 50

51 3 In complying with the contaminated land condition parts 1 and 2: a) Reference should be made at all stages to appropriate current guidance and codes of practice at January 2006 this would include: 1) The Environment Agency CLR Guidance documents; 2) Planning Policy Statement 23 Planning and Pollution Control; 3) PPS23 Annex 2 Development On Land Affected By Contamination; 4) BS10175:2001 Investigation of potentially contaminated sites Code of Practice; 5) The Environment Agency (2001) Secondary Model Procedure for the Development of Appropriate Soil Sampling Strategies for Land Contamination; 6) Guidance for the safe development of housing on land affected by contamination, Environment Agency R&D Publication 66. b) Clear site maps should be included in the reports showing previous and future layouts of the site, potential sources of contamination, the locations of all sampling points, the pattern of contamination on site, and to illustrate the remediation strategy. c) All raw data should be provided in a form that can be easily audited and assessed by the council. (e.g. trial pit logs and complete laboratory analysis reports) d) Details as to reasoning, how conclusions were arrived at and an explanation of the decisions made should be included. (e.g. the reasons for the choice of sampling locations and depths). 4 You are advised to engage a qualified acoustic consultant to advise on the scheme, including the specifications of any materials, construction, fittings and equipment necessary to achieve satisfactory internal noise levels in this location. In addition to the noise control measures and details, the scheme needs to clearly set out the target noise levels for the habitable rooms, including for bedrooms at night, and the levels that the sound insulation scheme would achieve. The details of acoustic consultants can be obtained from the following contacts: a) Institute of Acoustics and b) Association of Noise Consultants. The assessment and report on the noise impacts of a development should use methods of measurement, calculation, prediction and assessment of noise levels and impacts that comply with the following standards, where appropriate: 1) Department of Environment: PPG 24 (1994) Planning Policy Guidance - Planning and noise; 2) BS 7445 (1991) Pts 1, 2 & 3 (ISO 1996 pts 1-3) - Description and & measurement of environmental noise; 3) BS 51

52 4142: Method of rating industrial noise affecting mixed residential and industrial areas; 4) BS 8223: Sound insulation and noise reduction for buildings: code of practice; 5) Department of transport: Calculation of road traffic noise (1988); 6) Department of transport: Calculation of railway noise (1995); 7) Department of transport : Railway Noise and insulation of dwellings. RECOMMENDATION III That if an agreement has not been completed by 11/10/2010, that unless otherwise agreed in writing, the Assistant Director of Planning and Development Management should REFUSE the application F/03433/10 under delegated powers for the following reasons: 1. The proposed development does not include any provision for improvements to the highway that would be needed as a result of the development contrary to policy M13 of the Adopted Unitary Development Plan (2006). 2. The proposed development does not include a Travel Plan and it is therefore considered that the proposed development would have a detrimental impact on the free flow of traffic contrary to policies GNonCar; GLoc, M3 and M10 of the Adopted Unitary Development Plan (2006). 1. MATERIAL CONSIDERATIONS National Planning Policy Guidance/ Statements: This planning permission was determined mindful of Central Government advice and the Development Plan for the area. It is recognised that Local Planning Authorities must determine planning applications in accordance with the statutory Development Plan, unless material considerations indicate otherwise. Furthermore, it is acknowledged that the planning system does not exist to protect the private interests of one person against another and that the basic question is whether the proposal would unacceptably affect amenities. Planning Policy Statement PPS 1 Delivering Sustainable Development, states at paragraph 3 that At the heart of sustainable development is the simple idea of ensuring a better quality of life for everyone now and for future generations. High quality inclusive design is identified as one of the key principles that should be applied to ensure that decisions taken on planning applications contribute to the delivery of sustainable development. Paragraph 13(iv) indicates that Design which fails to take the opportunities available for improving the character and quality of an area should not be accepted and at para. 18 that Planning should seek to maintain and improve the local environment.... through positive policies on issues such as design. Further comment regarding Design is made at para s

53 The Mayor's London Plan (consolidated with alterations since 2004): The Development Plan for the area comprises the London Plan (consolidated with alterations since 2004), the Mayor s Spatial Development Strategy for Greater London, published in February 2008, and the Barnet Unitary Development Plan. The London Plan provides a unified framework for strategies that are designed to ensure that all Londoners benefit from sustainable improvements to their quality of life. Policy 4B.1 requires amongst other things that developments maximise a sites potential, promote high quality inclusive design and create or enhance the public realm, respect local context, character and communities, and are attractive to look at. Relevant Unitary Development Plan Policies: The statutory plan for the Borough is the Barnet UDP. This was adopted on 18 May 2006, replacing the original UDP adopted in On 13 May 2009 the Secretary of State for Communities and Local Government issued a Direction saving 183 of the 234 policies within the UDP. In June 2005 the Council published its "Three Strands Approach", setting out a vision and direction for future development, regeneration and planning within the Borough. The approach, which is based around the three strands of Protection, Enhancement and Growth, will protect Barnet's high quality suburbs and deliver new housing and successful sustainable communities whilst protecting employment opportunities. The second strand of the approach, "Enhancement", provides strong planning policy protection for preserving the character and openness of lower density suburbs and conservation areas. The Three Strands Approach will form the spatial vision that will underpin the Local Development Framework. Relevant policies to this case: M3, M10, M13, GBEnv1; GBEnv2, GCS1; D1, D2, D3; CS4; CS6. Relevant Planning History: C14479A/01: Change of use of ground floor from part of dwelling to a pre-school playgroup for up to 20 children, between 9am to 1pm on Mondays - Friday and on Sundays. Hardsurfacing of part of area at side of property to form an outdoor play area enclosed by 1 metre high close-boarded fence. Not to be Determined C14479B/02: Retention of portacabins and use for educational purposes for up to 75 children: WITHDRAWN Jan 05 C14479C/05: Change of use of land adjoining 37 Elmcroft Crescent to a Primary School (Class D1) and retention of associated portakabin. Operating hours Monday to Thursday to 17.30, Friday to and Sunday to 14.30: Approved April 05 C14479D/06: Demolition of existing building and erection of part single, part two storey buildings (with basement) for use as school with up to 140 pupils. Associated ground floor and first floor playgrounds: Withdrawn Sept 06 53

54 C14479E/07: Demolition of existing building and erection of part single, part two storey buildings for use as school with up to 120 pupils. Associated ground floor and first floor playgrounds: withdrawn May 07 F/01930/09: Demolition of existing building and erection of part single, part two storey buildings for use as one form entry school. Associated ground floor and first floor playgrounds: Refused August 2009 following approval at the Finchley & Golders Green Sub Committee. Reasons for refusal F/01930/09: 1. The proposed development does not include any provision for improvements to the highway that would be needed as a result of the development contrary to policy M13 of the Adopted Unitary Development Plan (2006). 2. The proposed development does not include a Travel Plan and it is therefore considered that the proposed development would have a detrimental impact on the free flow of traffic contrary to policies GNonCar; GLoc, M3 and M10 of the Adopted Unitary Development Plan (2006). Consultations and Views Expressed: Neighbours Consulted: 31 Replies: 4 Neighbours Wishing To Speak 0 The objections raised may be summarised as follows: 1. Impact on privacy; 2. Hours of working during building works 3. Measures should be taken to eradicate rats and foxes 4. School should be closed on Sundays, Christmas Day and Easter Sunday 5. Size of building is excessive 6. Excessive number of students 7. Highways safety 8. Loss of light 9. Noise and disturbance 10. Impact on parking 11. Increased rubbish problem Any objections received further to this report will be reported to the committee. Internal /Other Consultations: Transport for London, Road Network Development - TfL Surface Transport considers that the proposal as it stands would not result in an unacceptable impact to the Transport for London Road Network (TLRN). However the local planning authority should also consider comments and views to be provided by London Underground Limited (LUL), as the proposal may impact LUL infrastructure in the vicinity of the site. 54

55 Traffic & Development No objection subject to s106 and conditions Date of Site Notice: 02 September PLANNING APPRAISAL Site Description and Surroundings: The land is situated between the residential property of 37 Elmcroft Crescent and the Northern Line Railway Viaduct. The site is triangular in shape and bounded by the rear gardens of the properties on Montpellier Rise. The site has a slope that results in the houses on Montpellier Rise being at a slightly higher level than the proposed buildings. The existing buildings are used as a private run school for boys aged between 3 and 7 years. The existing buildings gained consent (as noted in the planning history section above) to continue use as a school. At this time the school was for 75 pupils. The existing buildings are prefabricated, temporary portacabin type structures which are run down and in need of modernisation. The school is now operating with 148 pupils. The site covers an area of over 1000sq m and the linked portacabins that exist on site at the moment occupy approx 500sq m. The entrance to the school is via a gate located between the house of 37 Elmcroft Crescent and the railway viaduct. The entrance is on a slope and the refuse is left by the entrance in a haphazard manner. Proposal: The application is for the demolition of the existing buildings at land adjacent to 37 Elmcroft Crescent and erection of a new purpose built school for 210 pupils. Planning Considerations: The principle of a school on this site has already been established, therefore, the issues relating to the application is whether the proposed building will be harmful on the amenities of the neighbouring residents and whether it will be harmful to the character of the area. In assessing the application, it must also be considered whether the increase in number of pupils will be harmful to the area and whether this additional number can be facilitated on site. As can be seen from the history above application C14479E/07 was withdrawn. This application was in fact recommended for approval but withdrawn as they could not meet the requirements of the S106 agreement. The number of pupils is now greater but the principle of a school of this built form was established. Applications F/01930/09 and application F/01930/09 both had a recommendation to approve but were refused as they did not sign the S106 agreement. Policies CS4 and CS6 encourage the provision of school facilities in the appropriate location with appropriate access. This site is considered to comply with these policies. 55

56 Regulations require a 3m zone for access adjacent to the embankment. The 3m access zone is designed to provide the school with a long linear playground. It is considered that a substantial amount of noise from this playground will be disseminated by the proposed building which stand between the playground and the neighbouring properties. The building is laid out around an open courtyard where circulation between classrooms will take place. The sunken courtyard will also act as a playground. It is considered that the properties on Montpellier Way and Montpellier Rise will be protected from a substantial amount of noise and disturbance from the playground and circulation space by the massing of the buildings around the perimeter of the site. The site will also have a screen of vegetation on its rear boundary to act as both a buffer and a natural boundary. The site will then have an acoustic fence and then another layer of vegetation. Thus, the acoustic fence will give the added benefit of disseminating noise but will not be visible to either the neighbouring properties or the school. It is also proposed that the flat roofed areas will be grass roofs and thus softening the view and context of the proposed buildings. The roof top play areas are also broken down into smaller sections in order to reduce the amount of children who can physically fit on the play area at any one time. As well as acting as an acoustic barrier, the fence and the vegetation screen are considered to prevent any problems of overlooking. The emphasis of the bulk of the building has shifted from the existing to the proposed. The main mass and bulk of the proposed building has been taken away from the neighbouring properties and been located neighbouring the railway line. The proposed structures are partially embedded in the ground at the level of the main entrance to the site. This ensures that the height of the proposed building to the garden side of the site is lower than the existing building. The landscaped barrier will bring the height to the level of the existing building. The additional storey to the embankment side of the side is one half storey higher than existing but this is not considered to be harmful. It is considered that the building would in fact break down the view of the embankment. Due to the excavation, the height of the buildings neighbouring the residential properties will be similar (in some places lower) than the existing. It is proposed that the entrance to the school remains in the same location as existing. The existing access is however on a slope to the security entrance gate. The ground level of the proposed school is to be set at that of the entrance area involving the excavation and removal of the slope. This will make the school more acceptable for disabled access. A lift is also proposed inside the school to allow access to the different levels of the school. The alterations to the entrance also make more appropriate provision for refuse storage. It is considered that the proposed entrance detailing will be an improvement to the street scene on the existing situation. Windows to the proposed building have been carefully situated so that the main aspect to the school is away from the residential properties. By having windows on the elevation facing the linear playground this also helps to break up the mass and bulk of the building and to prevent the playground from becoming too dark. The window to the assembly hall has been conditioned for it to be obscure glazed to prevent overlooking. The school have produced a School Travel Plan (STP) framework which proposes a set of practical measures, travel initiatives and targets that can enable the school to reduce the 56

57 impact of travel on the environment. The STP encourages the use of sustainable modes of transport in order to reduce car dependency of staff, parents and pupils to the site. It is intended that a S106 agreement be signed that will take the framework to a formal agreement with a Travel Plan Co-ordinator and financial contribution towards monitoring of the STP. It is considered that the increase in pupils to 210 will not be harmful to the area. The STP helps to ensure that the impact is reduced. The catchment area for the school is very local in nature. Approximately, 95% of pupils live within a 10 min walk to the school. There are a high number of sibling children at the school and there is currently a car rota system which is proposed would continue. It is also considered that the redevelopment of the school would result in the need for highway improvements and therefore, the S106 includes a financial contribution of 25,000 towards highways improvements. 3. COMMENTS ON GROUNDS OF OBJECTIONS It is considered that the grounds of objections have been covered in the above appraisal. 4. EQUALITIES AND DIVERSITY ISSUES The school provides a benefit to the community. The school will have an improved provision for disabled access than the existing school. 5. CONCLUSION Having taken all material considerations into account, the proposed development would not harm the character of the area of be harmful to the amenities of the neighbouring properties. Subject to the section 106 agreement, the development would not have a detrimental impact on the highway or the free flow of traffic. The building has been designed in such a way so as not to be harmful to the amenity of the neighbouring properties and will not harm the established character of the area. The application is recommended for APPROVAL. 57

58 SITE LOCATION PLAN: REFERENCE: Land Adjacent to 37 Elmcroft Crescent, London, NW11 F/03433/10 Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA

59 LOCATION: 46 Gurney Drive, London, N2 0DE REFERENCE: F/03387/10 Received: 18 August 2010 Accepted: 18 August 2010 WARD(S): Garden Suburb Expiry: 13 October 2010 Final Revisions: APPLICANT: PROPOSAL: Mr & Mrs J Lever Side extension to provide ground floor study, basement to house with open access covered by grilles. RECOMMENDATION: Approve Subject to Conditions 1 The development hereby permitted shall be carried out in accordance with the following approved plans: 230/EX/01, 230/EX/02, 230/EX/03, 230/EX/04, 230/PL/01 Rev: B, 230/PL/02 Rev A, 230/PL/03, 230/PL/04 Rev B, 230/PL/05, a site plan and a Design and Access Statement. For the avoidance of doubt and in the interests of proper planning. 2 This development must be begun within three years from the date of this permission. To comply with Section 51 of the Planning and Compulsory Purchase Act, The materials to be used in the external surfaces of the building(s) shall match those used in the existing building(s) unless otherwise agreed in writing by the local planning authority. To safeguard the visual amenities of the building and the surrounding area. 5 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8.00 am or after 1.00 pm on Saturdays, or before 8.00 am or after 6.00pm on other days unless previously approved in writing by the Local Planning Authority. 59

60 To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties. 6 The Method Statement & Traffic Management Plan as outlined in the Design and Access Statement by London Basement for 46 Gurney Drive N2 0DE (Date Stamped 18th August 2010) approved by the Local Planning Authority must be complied with unless previously agreed in writing by the Local Planning Authority. In the interests of highway safety and to protect the amenities of neighbouring occupiers in accordance with Policy M11 of the London Borough of Barnet Adopted Unitary Development Plan INFORMATIVE(S): 1 The reasons for this grant of planning permission or other planning related decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (UDP) (2006). In particular the following policies are relevant: Adopted Barnet Unitary Development Plan (2006): GBEnv1, GBEnv2, GBEnv4, D1, D2, D3, D4, D5, HC1, HC5 and H27: ii) The proposal is acceptable for the following reason(s): - The proposed alterations would not detrimentally impact on the qualities of the building and protect the character of this part of the Hampstead Garden Suburb Conservation Area. The design, size and siting of the alterations is such that, as conditioned, they preserve the amenities of the occupiers of the neighbouring properties and the character and appearance of the individual property, street scene, conservation area and area of special character. 1. MATERIAL CONSIDERATIONS National Planning Policy Guidance/ Statements: PPS1 and PPS5. Relevant Unitary Development Plan Policies: GBEnv1, GBEnv2, GBEnv4, D1, D2, D3, D4, 60

61 D5, HC1, HC5 and H27. Relevant Planning History: Application: Planning Number: C/08435/B/00 Validated: 22/12/2000 Type: APF Status: DEC Date: 08/02/2001 Summary: APC Case Officer: Description: Loft conversion involving dormer window extension and traditional rooflight to rear roof. Application: Planning Number: C/08435/C/01 Validated: 30/01/2001 Type: APF Status: DEC Date: 20/03/2001 Summary: APC Case Officer: Description: Alterations to elevations involving new windows in gable end at side, enlarged window and french doors in place of window to rear elevation. Application: Planning Number: C/08435/D/01/TRE Validated: 03/07/2001 Type: TIN Status: DEC Date: 05/07/2001 Summary: EXM Case Officer: Description: Weeping Willow ( dying) - fell and replace. Application: Planning Number: F/01299/10 Validated: 29/04/2010 Type: HSE Status: WDN Date: 07/07/2010 Summary: WIT Case Officer: David Campbell Description: Side extension to provide ground floor study and a basement. Application: Planning Number: F/03387/10 Validated: 18/08/2010 Type: APF Status: PDE Date: Summary: APC Case Officer: David Campbell Description: Side extension to provide ground floor study, basement to house with open access covered by grilles. Consultations and Views Expressed: Neighbours Consulted: 2 Replies: 2 Neighbours Wishing To 0 Speak The objections raised may be summarised as follows: 12. Impact on traffic, access and parking. Scale and appearance of the proposal Overlooking and loss of privacy. Conservation area 61

62 Noise and disturbance The use of the building Loss of view Damage to the property Disruption during building works and damage to neighbouring properties Subsidence Removal of the access to the garden A precedent could be set for other developments in the area. Impact on the hedge in front of the property. Internal /Other Consultations: The HGS CAAC have objected to the application on the grounds that the basement is out of character on a modest house. Date of Site Notice: 02 September PLANNING APPRAISAL Site Description and Surroundings: The property is a semi-detached single family residential dwelling located in the Hampstead Garden Suburb Conservation Area. The site is located within the part of the Conservation Area that has an Article 4 Direction. The Hampstead Garden Suburb Conservation Area is identified in the Unitary Development Plan as an area of special character. Proposal: The application seeks consent for a side extension to provide ground floor study, basement to house with open access covered by grilles. Planning Considerations: The main issues in this case are whether or not the alterations would be visually obtrusive forms of development which would detract from the character and appearance of the street scene and this part of the Hampstead Garden Suburb Conservation Area or have an adverse and visually obtrusive impact upon the amenity of the occupiers of the neighbouring property. The supplementary planning guidance for the Suburb is the Hampstead Garden Suburb Design Guidance which has been the subject of public consultation and Local Planning Authority approval. The guidance says:- It is worth remembering that the rear of houses were as carefully designed as the front and can often be viewed from public places such as footpaths. Hampstead Garden Suburb is one of the best examples of town planning and domestic architecture on a large neighbourhood or community scale which Britain has produced in the last century. The value of the Suburb has been recognised by its inclusion in the Greater London Development Plan, and subsequently in the Unitary Development Plan, as an Area of Special Character of Metropolitan Importance. The Secretary of State for the Environment endorsed the importance of the Suburb by approving an Article 4 Direction 62

63 covering the whole area. The Borough of Barnet designated the Suburb as a Conservation Area in 1968 and continues to bring forward measures which seek to preserve or enhance the character or appearance of the Conservation Area. The ethos of the original founder, was maintained in that the whole area was designed as a complete composition. The Garden City concept was in this matter continued and the architects endeavoured to fulfil the criteria of using the best of architectural design and materials of that time. This point is emphasised by the various style of building, both houses and flats, in this part of the Suburb which is a who's who of the best architects of the period and consequently, a history of domestic architecture of the period of The proposed basement would not be visible from any neighbouring property and as such will not have a negative impact on the character and appearance of the conservation area or on the amenities of neighbouring properties. The grilles, which are to be flush to the ground will have limited visual impact and it would be difficult for them to be seen from the surrounding area. The grilles are therefore considered to preserve the special character and appearance of the Hampstead Garden Suburb Conservation Area. It is considered that the proposed single storey side extension, located 1 metre from the boundary of 44 Gurney Drive would be in keeping with the character and appearance of the existing dwelling. It is considered to preserve the character and appearance of the Hampstead Garden Suburb Conservation Area. 3. COMMENTS ON GROUNDS OF OBJECTIONS The points of objections are considered to have been covered in the main body of the committee report. It is considered that the planning related concerns raised on this application are not sufficient to constitute a reason for refusal. Issues in relation to construction are considered to have been addressed by an attached condition to ensure that proposal accords with the council's standards in the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area. Objections relating to basements - The existing and emerging design guidance does not restrict constructing basements on semi detached properties. It is not considered that the impact on traffic, access and parking would be reason to refused the application. Scale and appearance of the proposal is considered to be acceptable. The application is not considered to give rise to overlooking and loss of privacy. The application is considered to preserve the special character and appearance of the conservation area. Noise and disturbance is not a reason to refuse the application. The use of the building does not change with the application. It is not considered that any neighbour will suffer loss of view. The council has conditioned the application to ensure that works are carried out in 63

64 accordance with the method statement in order to prevent damage to neighbouring properties. The application will also be subject to approval under the Building Regulations The access to the garden is to be maintained. Other developments in the area will be judged on their own merits. There are no proposals to remove the hedge in front of the property. 4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Council's Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. 5. CONCLUSION Having taken all material considerations into account, the proposal would not detrimentally impact on the qualities of the building and protect the character of this part of the Hampstead Garden Suburb Conservation Area. The design, size and siting of the alterations is such that, as conditioned, they preserve the amenities of the occupiers of the neighbouring properties and the character and appearance of the individual property, street scene, conservation area and area of special character. APPROVAL is recommended. 64

65 SITE LOCATION PLAN: REFERENCE: 46 Gurney Drive, London, N2 0DE F/03387/10 Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA

66 LOCATION: 17 Elm Park Road, London, N3 1EG REFERENCE: F/03232/10 Received: 10 August 2010 Accepted: 11 August 2010 WARD(S): West Finchley Expiry: 06 October 2010 Final Revisions: APPLICANT: PROPOSAL: Mr Lim Single storey side/ rear extension. RECOMMENDATION: Approve Subject to Conditions 1 The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan; Existing and Proposed Plans and Elevations RevA. For the avoidance of doubt and in the interests of proper planning. 2 This development must be begun within three years from the date of this permission. To comply with Section 51 of the Planning and Compulsory Purchase Act, The materials to be used in the external surfaces of the building(s) shall match those used in the existing building(s) unless otherwise agreed in writing by the local planning authority. To safeguard the visual amenities of the building and the surrounding area. 4 The roof of the extension hereby permitted shall only be used in connection with the repair and maintenance of the building and shall at no time be converted to or used as a balcony, roof garden or similar amenity or sitting out area, without the benefit of the grant of further specific permission in writing from the Local Planning Authority. To ensure that the amenities of the occupiers of adjoining properties are not prejudiced by overlooking. 66

67 5 The use of the extension hereby permitted shall at all times be ancillary to and occupied in conjunction with the main building and shall not at any time be occupied as a separate unit. To ensure that the development does not prejudice the character of the locality and the amenities of occupiers of adjoining residential properties. INFORMATIVE(S): 1 The reasons for this grant of planning permission or other planning related decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (UDP) (2006). In particular the following policies are relevant: Adopted Barnet Unitary Development Plan (2006): GBEnv1, GBEnv2, D1, D2, D5, H27 ii) The proposal is acceptable for the following reason(s): - The proposal would comply with council policies that seek to preserve the character of areas and individual properties. The size, siting and design of the proposal is such that it would not have a detrimental impact on the amenity of neighbouring occupiers. 1. MATERIAL CONSIDERATIONS Relevant Unitary Development Plan Policies: GBEnv1, GBEnv2, D1, D2, D5, H27 Supplementary Planning Guidance: Barnet Design Guidance Note 5 - Extensions Relevant Planning History: Site history for current landparcel : Elm Park Road, London, N3 1EG Case Reference: F/03232/10 Application: Planning Number: F/02028/10 Validated: 01/06/2010 Type: APF Status: DEC Date: 26/07/2010 Summary: REF Case Officer: Robert Marchant Description: Single storey side and rear extension. 67

68 Application: Planning Number: F/03232/10 Validated: 11/08/2010 Type: HSE Status: REG Date: Summary: DEL Case Officer: Robert Marchant Description: Single storey side/ rear extension. Consultations and Views Expressed: Neighbours Consulted: 38 Replies: 13 Neighbours Wishing To 1 Speak The objections raised may be summarised as follows: - The applicant is preparing the property for it to be turned into a care home - Loss of sunlight - Overdevelopment of the site 2. PLANNING APPRAISAL Site Description and Surroundings: The application site is a semi-detached single family dwelling located on Elm Park Road in West Finchley. Proposal: The application relates to a ground floor side/rear extension, which is proposed to be situated within the L-Shaped projection at the rear of the property. The extension has a width of 1.5m, a depth of 5.5m, a height of 1.9m to the eaves and 3m overall with a mono pitched roof. Also proposed is a single storey rear extension that projects 2m from the far rear wall of the property and has a height of 3m with a flat roof. Planning Considerations: The ground floor side/rear extension is located within the L-Shaped footprint of the property and in close proximity to the neighbouring property at number 19. The extension has an eaves height that aligns with the height of the boundary fence and a roof which then slopes away from the neighbouring occupier, towards the main part of the application property. The extension is also set off the boundary with number 19 by 1m, which is considered to reduce the impact on this neighbouring property. It is considered that due to the extensions relatively small bulk, siting and low eaves height, it would not have a significant adverse impact on the neighbouring occupiers at number 19 in relation to loss of light, outlook or sense of enclosure. It is therefore considered that policy D5 has been complied with, which relates to developments allowing for adequate daylight, sunlight, privacy and outlook for adjoining and potential occupiers and users. 68

69 A further single storey rear extension is proposed, to project from the far rear elevation of the property. This extends from the original wall of the property and projects for a distance of 2m. This extension is located close to the shared boundary with number 15. The two properties are detached from each other and have a distance of 1.3m between the flank walls. The property at number 15 is currently partially enclosed by a boundary wall, and it is not considered that this extension would result in any further significant harm to what exists. This part of the proposal is also situated approximately 3m from the boundary with number 19 and is not considered to harm the amenity of occupiers at this property. The extensions are considered to be sub-ordinate features that would not be highly noticeable beyond the application site. The extensions are considered to be relatively small in relation to the existing property and the area and it is not considered that any significant harm would be caused to the character of either the original property or the general locality. 3. COMMENTS ON GROUNDS OF OBJECTIONS - The applicant is preparing the property for it to be turned into a care home - Loss of sunlight - Overdevelopment of the site The first point of objection is not a consideration that can be used in the determination of this planning application. This application relates to a householder extension and not for the conversion into a care home. The remaining two points of objection have been dealt with in the officer report. 4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Councils Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. 5. CONCLUSION The proposal would comply with council policies that seek to preserve the character of areas and individual properties. The size, siting and design of the proposal is such that they would not have a detrimental impact on the amenity of neighbouring occupiers. The proposal is therefore recommended for Approval. 69

70 SITE LOCATION PLAN: REFERENCE: 17 Elm Park Road, London, N3 1EG F/03232/10 Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA

71 LOCATION: 47 Holden Road, London, N12 7EJ REFERENCE: F/03632/10 Received: 13 September 2010 Accepted: 13 September 2010 WARD(S): West Finchley Expiry: 08 November 2010 Final Revisions: APPLICANT: PROPOSAL: Insignia (trading as ihomes London Ltd) Demolition of existing dwelling and erection of a 3 storey building including rooms in roofspace to create 9 no. residential units. Associated amenities, ancillary parking, new access road ad alterations to landscape. RECOMMENDATION: Approve Subject to S106 RECOMMENDATION I: That the applicant and any other person having a requisite interest be invited to enter by way of an agreement into a planning obligation under Section 106 of the Town and Country Planning Act 1990 and any other legislation which is considered necessary for the purposes seeking to secure the following: 1 Paying the council's legal and professional costs of preparing the Agreement and any other enabling agreements; 2 All obligations listed below to become enforceable in accordance with a timetable to be agreed in writing with the Local Planning Authority; 3 Education Facilities (excl. libraries) 8, A contribution towards the provision of Education Facilities in the borough. 4 Libraries (financial) 1, A contribution towards Library Facilities and Resources in the borough 5 Health 7, A contribution towards Health Facilities and Resources in the borough 6 Monitoring of the Agreement Contribution towards the Council's costs in monitoring the obligations of the agreement. 71

72 RECOMMENDATION II: That upon completion of the agreement the Assistant Director of Planning and Development Management approve the planning application reference: F/03632/10 under delegated powers subject to the following conditions: - 1 The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan; BGC1/47 HOLDEN ROAD/TCP Rev 0; DAT/9.0; Noise Report - August 2007; 1010: P: 100 Rev A; 1010: P: 101 Rev B; 1010: P: 102 Rev B; 1010: P: 103 Rev B; 1010: P: 104 Rev B; 1010: P: 105 Rev A. For the avoidance of doubt and in the interests of proper planning. 2 This development must be begun within three years from the date of this permission. To comply with Section 51 of the Planning and Compulsory Purchase Act, Before this development is commenced, details of the levels of the building(s), road(s) and footpath(s) in relation to adjoining land and highway(s) and any other changes proposed in the levels of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved. To ensure that the work is carried out at suitable levels in relation to the highway and adjoining land having regard to drainage, gradient of access and the amenities of adjoining occupiers and the health of any trees on the site. 4 Before the development hereby permitted commences, details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved. To safeguard the visual amenities of the locality. 72

73 5 Part 1 Before development commences other than for investigative work: A desktop study shall be carried out which shall include the identification of previous uses, potential contaminants that might be expected, given those uses, and other relevant information. Using this information, a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors shall be produced. The desktop study and Conceptual Model shall be submitted to the Local Planning Authority. If the desktop study and Conceptual Model indicate no risk of harm, development shall not commence until approved in writing by the Local Planning Authority.- a. If the desktop study and Conceptual Model indicate any risk of harm, a site investigation shall be designed for the site using information obtained from the desktop study and Conceptual Model. This shall be submitted to, and approved in writing by, the Local Planning Authority prior to that investigation being carried out on site. The investigation must be comprehensive enough to enable:- b. a risk assessment to be undertaken, refinement of the Conceptual Model, and the development of a Method Statement detailing the remediation requirements. The risk assessment and refined Conceptual Model shall be submitted, along with the site investigation report, to the Local Planning Authority. If the risk assessment and refined Conceptual Model indicate any risk of harm, a Method Statement detailing the remediation requirements, using the information obtained from the site investigation, and also detailing any post remedial monitoring shall be submitted to, and approved in writing by, the Local Planning Authority prior to that remediation being carried out on site. Part 2 Where remediation of contamination on the site is required completion of the remediation detailed in the method statement shall be carried out and a report that provides verification that the required works have been carried out, shall be submitted to, and approved in writing by the Local Planning Authority before the development is occupied. To ensure the development can be implemented and occupied with adequate regard for environmental and public safety. 73

74 6 In the event that a plant or biomass boiler is installed within the development, the level of noise emitted from this machinery shall be at least 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room of a neighbouring residential property. If the noise emitted has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and/or distinct impulse (bangs, clicks, clatters, thumps), then it shall be at least 10dB(A) below the background level, as measured from any point 1 metre outside the window of any room of a neighbouring residential property. To ensure that the proposed development does not prejudice the amenities of occupiers of neighbouring properties. 7 In the event that a plant or biomass boiler is installed within the development, before development commences, a report should be carried out by a competent acoustic consultant and submitted to the Local Planning Authority for approval, that assesses the likely noise impacts from the development of the ventilation/extraction plant. The report shall also clearly outline mitigation measures for the development to reduce these noise impacts to acceptable levels. It should include all calculations and baseline data, and be set out so that the Local Planning Authority can fully audit the report and critically analyse the contents and recommendations. The approved measures shall be implemented in their entirety before (any of the units are occupied / the use commences). To ensure that the amenities of neighbouring premises are protected from noise from the development. 8 Before the development hereby permitted is brought into use or occupied the site shall be enclosed except at the permitted points of access in accordance with details previously submitted to and approved in writing by the Local Planning Authority. To ensure that the proposed development does not prejudice the appearance of the locality and/or the amenities of occupiers of adjoining residential properties and to confine access to the permitted points in the interest of the flow of traffic and conditions of general safety on the adjoining highway. 74

75 9 Before the development hereby permitted commences, details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins or other refuse storage containers where applicable, together with a satisfactory point of collection shall be submitted to and approved in writing by the Local Planning Authority and shall be provided at the site in accordance with the approved details before the development is occupied. To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area. 10 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8.00 am or after 1.00 pm on Saturdays, or before 8.00 am or after 6.00pm on other days unless previously approved in writing by the Local Planning Authority. To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties. 11 A scheme of hard and soft landscaping, including details of existing trees to be retained, shall be submitted to and agreed in writing by the Local Planning Authority before the development, hereby permitted, is commenced. To ensure a satisfactory appearance to the development. 12 All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner, or commencement of the use. To ensure a satisfactory appearance to the development. 13 Any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season. To ensure a satisfactory appearance to the development. 75

76 14 Provisions shall be made within the site to ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. To ensure that the development does not cause danger and inconvenience to users of the adjoining pavement and highway. 15 The dwelling(s) shall achieve a Code Level 3 in accordance with the Code for Sustainable Homes Technical Guide (October 2008) (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued certifying that Code Level 3 has been achieved and this certificate has been submitted to and approved by the local planning authority. To ensure that the development is sustainable and complies with policy GSD of the adopted Unitary Development Plan (adopted 2006) and the adopted Sustainable Design and Construction Supplementary Planning Document (June 2007). 16 Before development commences, a scheme of proposed air pollution mitigation measures shall be submitted to and approved by the LPA. This scheme shall include acoustic ventilators in windows to ventilate the rooms without being opened or air conditioning with suitable filters. Acoustic ventilators shall be installed in the windows of the elevations facing Holders Hill Road. The approved mitigation scheme shall be implemented in its entirety before any of the units are occupied. To ensure that the amenities of occupiers are protected from the poor air quality in the vicinity. 17 Prior to the occupation of the units a copy of the Pre-completion Sound Insulation Test Certificate of Part E of the Building Regulations 2000 (or any subsequent amendment in force at the time of implementation of the permission) shall be submitted to the Local Planning Authority and shall indicate at least 3 decibels above the Performance Standard. To protect the amenities of future and neighbouring residential occupiers. 76

77 18 Notwithstanding the details submitted and otherwise hereby approved development (use class C3) hereby approved shall be constructed to meet the Lifetime Homes standard (July 2010 version), unless previously agreed in writing by the Local Planning Authority. To ensure that the development is accessible for all members of the community. 19 Before the development hereby permitted is occupied, parking spaces shall be provided in accordance with the drawing no. 1010: P: 105 Rev A submitted with the planning application and that area shall not thereafter be used for any purpose other than for the parking and turning of vehicles associated with the development. To ensure that adequate and satisfactory provision is made for the parking of vehicles in the interests of pedestrian and highway safety and the free flow of traffic in accordance with Policies M11, M13 and M14 of the London Borough of Barnet Adopted Unitary Development Plan A Construction Management Plan must be submitted to and approved by the Local Planning Authority. This document following approval must be complied with unless previously agreed in writing by the Local Planning Authority. In the interests of highway safety in accordance with Policy M11 of the London Borough of Barnet Adopted Unitary Development Plan INFORMATIVE(S): 1 The reasons for this grant of planning permission or other planning related decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following polices are relevant: Adopted Barnet Unitary Development Plan (2006): GBEnv1, GBEnv2, GBEnv3, GParking, D1, D2, D3, D5, D6, D11, M6, M14, H5, H16, H17, H18, H21, CS2, CS8, CS13, IMP2. 77

78 ii) The proposal is acceptable for the following reason(s): - Having taken all material considerations into account, the proposed development would be in keeping with the character and appearance of the surrounding area and in a design which is considered to be in keeping with neighbouring dwellings. The proposed development is not considered to have a detrimental impact on the residential amenities of neighbouring dwellings. 2 Your attention is drawn to the need to provide facilities for the disabled, as set out in Building Regulation Part M Access & Facilities for Disabled Persons. A copy of Part M is available via the Department of Communities and Local Government website at 3 Any development or conversion which necessitates the removal, changing, or creation of an address or addresses must be officially registered by the Council through the formal Street Naming and Numbering process. The Council of the London Borough of Barnet is the Street Naming and Numbering Authority and is the only organisation that can create or change addresses within its boundaries. Applications are the responsibility of the developer or householder who wish to have an address created or amended. Occupiers of properties which have not been formally registered can face a multitude of issues such as problems with deliveries, rejection of banking / insurance applications, problems accessing key council services and most importantly delays in an emergency situation. Further details and the application form can be downloaded from: or requested from the Street Naming and Numbering Team via street.naming@barnet.gov.uk or by telephoning: Any alteration to the existing crossover provision of a new crossovers or reinstatement of existing crossovers will be subject to detailed survey by the Crossover Team in Environment and Operations Directorate as part of the application for crossover under Highways Act 1980 and would be carried out at the applicant s expense. An estimate for this work could be obtained from London Borough of Barnet, Crossover Team in Environment and Operations Directorate, NLBP, Building 4, 2nd Floor, Oakleigh Road South, London N11 1NP. 78

79 5 In complying with the contaminated land condition parts 1 and 2: Reference should be made at all stages to appropriate current guidance and codes of practice. This would include: 1) The Environment Agency CLR & SR Guidance documents; 2) Planning Policy Statement 23 (PPS 23) - England (2004); 3) BS10175:2001 Investigation of potentially contaminated sites - Code of Practice; 4) Guidance for the safe development of housing on land affected by contamination, (2008) by NHBC, the EA and CIEH. Please note that in addition to the above, consultants should refer to the most relevant and up to date guidance and codes of practice if not already listed in the above list. 6 You are advised to engage a qualified acoustic consultant to advise on the scheme, including the specifications of any materials, construction, fittings and equipment necessary to achieve satisfactory internal noise levels in this location. In addition to the noise control measures and details, the scheme needs to clearly set out the target noise levels for the habitable rooms, including for bedrooms at night, and the levels that the sound insulation scheme would achieve. The details of acoustic consultants can be obtained from the following contacts: a) Institute of Acoustics and b) Association of Noise Consultants. The assessment and report on the noise impacts of a development should use methods of measurement, calculation, prediction and assessment of noise levels and impacts that comply with the following standards, where appropriate: 1) Department of Environment: PPG 24 (1994) Planning Policy Guidance - Planning and noise; 2) BS 7445 (1991) Pts 1, 2 & 3 (ISO 1996 pts 1-3) - Description and & measurement of environmental noise; 3) BS 4142: Method of rating industrial noise affecting mixed residential and industrial areas; 4) BS 8223: Sound insulation and noise reduction for buildings: code of practice; 5) Department of transport: Calculation of road traffic noise (1988); 6) Department of transport: Calculation of railway noise (1995); 7) Department of transport : Railway Noise and insulation of dwellings. 7 The Air Quality Stage 4 Review and Assessment for the London Borough of Barnet has highlighted that this area currently experiences or is likely to experience exceedances of Government set health-based air quality standards. A list of possible options for mitigating poor air quality is as follows: 1) Use of passive or active air conditioning; 2) Use of acoustic ventilators; 3) Altering lay out habitable rooms away from source of poor air quality; 4) Non residential usage of lower floors; 5) Altering footprint 79

80 setting further away from source of poor air quality. For developments that require an Air Quality report; 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: 1) NSCA Guidance: Development Control: Planning for Air Quality and the Planning Policy Statement 23: Planning and Pollution Control; 2) Environment Act 1995 Air Quality Regulations, Planning Policy Statement 23: Planning and Pollution Control, Annex 1: Pollution Control, Air and Water Quality; 3) Local Air Quality Management Technical Guidance LAQM.TG(03); 4) London Councils Air Quality and Planning Guidance, revised version January In case if any modification is proposed to the existing access of the public highway then it will be subject to a detailed investigation by the Crossover Team in Environment and Operations Directorate. The access would need to be provided to cater for a heavy duty use and may involve relocation of any existing street furniture. This would need to be done by the Highway Authority at the applicant's expense. You may obtain an estimate for this and any associated work on public highway from the Crossover Team, Environment and Operations Directorate, Building 4, North London Business Park (NLBP), Oakleigh Road South, London N11 1NP. 9 If the development is carried out it will be necessary for the existing redundant vehicular crossover(s) to be reinstated to footway by the Highway Authority at the applicant's expense. You may obtain an estimate for this work from the Crossover Team, Environment and Operations Directorate, Building 4, North London Business Park (NLBP), Oakleigh Road South, London N11 1NP. 10 Any details submitted in respect of the Construction Management Plan above shall control the hours, routes taken, means of access and security procedures for construction traffic to and from the site and the methods statement shall provide for the provision of on-site wheel cleaning facilities during demolition, excavation, site preparation and construction stages of the development, recycling of materials, the provision of on-site car parking facilities for contractors during all stages of development (Excavation, site preparation and construction) and the provision on site of a storage/delivery area for all plant, site huts, site facilities and materials and a community liaison contact. 80

81 RECOMMENDATION III That if an agreement has not been completed by 08/11/2010, that unless otherwise agreed in writing, the Assistant Director of Planning and Development Management should REFUSE the application F/03632/10 under delegated powers for the following reasons: The development would require a Section 106 agreement and no formal undertaking is given to the Council, as a result the proposed development would, by reason of the developer not meeting identified additional education, health and library facilities, and the associated monitoring costs which would be incurred by the community as a result of the development, contrary to Policy CS2, CS8, CS13, IMP1 and IMP2 of the adopted Unitary Development Plan and the adopted Supplementary Planning Documents Contributions to Education, "Contributions to Health Facilities", Contributions to Libraries and "Planning Obligations". 1. MATERIAL CONSIDERATIONS National Planning Policy Guidance/ Statements: The determination of planning applications are made mindful of Central Government advice and the Development Plan for the area. It is recognised that Local Planning Authorities must determine applications in accordance with the statutory Development Plan, unless material considerations indicate otherwise, and that the planning system does not exist to protect the private interests of one person against another. The basic question is whether the proposal would unacceptably affect amenities and the existing use of land and buildings which ought to be protected in the public interest. Planning Policy Statement PPS 1 Delivering Sustainable Development, states at paragraph 3 that At the heart of sustainable development is the simple idea of ensuring a better quality of life for everyone now and for future generations. High quality inclusive design is identified as one of the key principles that should be applied to ensure that decisions taken on planning applications contribute to the delivery of sustainable development. Paragraph 13(iv) indicates that Design which fails to take the opportunities available for improving the character and quality of an area should not be accepted and at para. 18 that Planning should seek to maintain and improve the local environment.... through positive policies on issues such as design. Further comment regarding Design is made at para s Planning Policy Statement PPS3 Housing (2006), along with other Government housing policy and planning policy statements, provides the context for plan preparation in relation to housing development. Paragraphs relate to the achievement of high quality housing. In para. 16 the matters to consider when addressing design quality include the extent to which the proposed development is well integrated with, and complements, the neighbouring buildings and the local area more generally in terms of scale, density, layout and access. PPS3 advises at para. 49 that more intensive development is not always appropriate. The implications of new development on transport are included within PPG13 Transport (2001). Paragraph 49 relates to car parking and in para. 52 it is stated that maximum 81

82 parking standards should be designed to be used as part of a package of measures to promote sustainable transport choices. The Mayor's London Plan (consolidated with alterations since 2004): The Development Plan for the area comprises the London Plan (consolidated with alterations since 2004), the Mayor s Spatial Development Strategy for Greater London, published in February 2008, and the Barnet Unitary Development Plan (UDP). The London Plan provides a unified framework for strategies that are designed to ensure that all Londoners benefit from sustainable improvements to their quality of life. Policy 4B.1 requires amongst other things that developments maximise a sites potential, promote high quality inclusive design and create or enhance the public realm, respect local context, character and communities, and are attractive to look at. Relevant Unitary Development Plan Policies: The statutory plan for the Borough is the Barnet UDP. This was adopted on 18 May 2006, replacing the original UDP adopted in On 13 May 2009 the Secretary of State for Communities and Local Government issued a Direction saving 183 of the 234 policies within the UDP. In June 2005 the Council published its "Three Strands Approach", setting out a vision and direction for future development, regeneration and planning within the Borough. The approach, which is based around the three strands of Protection, Enhancement and Growth, will protect Barnet's high quality suburbs and deliver new housing and successful sustainable communities whilst protecting employment opportunities. The second strand of the approach, "Enhancement", provides strong planning policy protection for preserving the character and openness of lower density suburbs and conservation areas. The Three Strands Approach will form the spatial vision that will underpin the Local Development Framework. As part of its emerging Local Development Framework the Council has adopted (October 2006), following consultation, a Supplementary Planning Document relating to Planning Obligations. This highlights the legislation and Barnet s approach in requiring contributions from new development. On 21 February 2008, following public consultation, a Supplementary Planning Document Contributions to Education was adopted by the Council. The SPD, which provides guidance and advice in relation to adopted planning policy to secure contributions towards education needs generated by new residential development, superseded an SPG approved in August On 21 February 2008 the Council also adopted following public consultation, a Supplementary Planning Document Contributions to Library Services. The SPD covers the issues relating to the provision by the London Borough of Barnet of library and related cultural/learning facilities and the role of S106 planning obligations in achieving this. The SPD sets out the contributions that will have to be provided by developers for each proposed new unit of residential accommodation. 82

83 On 6 July 2009, following public consultation, the Council adopted a Supplementary Planning Document Contributions to Health Facilities from Development. The SPD provides detailed guidance that supplements policies in the Unitary Development Plan and sets out the Council s approach to securing contributions for health facilities in order to address additional needs from new development. The Council has also adopted (June 2007), following public consultation, a Supplementary Planning Document Sustainable Design and Construction. The SPD provides detailed guidance that supplements policies in the Unitary Development Plan, and sets out how sustainable development will be delivered in Barnet. Part 6 of the SPD relates to generic environmental requirements to ensure that new development within Barnet meets sufficiently high environmental and design standards. Relevant Planning History: 47 Holden Road, London, N12 7EJ Application: Planning Number: C/08700/A/07 Validated: 09/07/2007 Type: APO Status: DEC Date: 26/10/2007 Summary: REF Case Officer: Karina Sissman Description: Redevelopment of site to form 8no. self-contained flats. (OUTLINE APPLICATION) Refused at the Finchley and Golders Green Area Planning Sub-Committee (October 2007) for the following reason: The proposed access and aggress close to the bend in the road is likely to be of detriment to the free flow of traffic, public safety and the amenity of neighbouring occupiers contrary to policies M11 and M12 of the Adopted Unitary Development Plan (2006). 47 Holden Road, London, N12 7EJ Application: Planning Number: C/08700/B/08 Validated: 22/01/2008 Type: APO Status: DEC Date: 12/03/2008 Summary: REF Case Officer: Karina Sissman Description: Redevelopment of site to form 8no. self-contained flats. (OUTLINE APPLICATION) Refused at the Finchley and Golders Green Area Planning Sub-Committee (March 2008) for the following reason: The proposed access and aggress close to the bend in the road is likely to be of detriment to the free flow of traffic, public safety and the amenity of neighbouring occupiers contrary to policies M11 and M12 of the Adopted Unitary Development Plan (2006). 47 Holden Road, London, N12 7EJ Application: Planning Number: F/02383/08 Validated: 09/07/2008 Type: APO Status: APD Date: 26/05/2009 Summary: APC Case Officer: Claire Thorley Description: Demolition of existing house and construction of a new block of 8 83

84 flats (outline application). Refused at the Finchley and Golders Green Area Planning Sub-Committee (August 2008) for the following reason: The proposed access and egress close to the bend in the road is likely to be of detriment to the free flow of traffic, public safety and the amenity of neighbouring occupiers contrary to policies M11 and M12 of the Adopted Unitary Development Plan (2006)) This decision was overturned and the application was allowed by The Planning Inspectorate under Appeal Reference number (APP/N5090/A/09/ /NWF). 41 Holden Road, London, N12 8HS Application: Planning Number: F/00372/09 Validated: 09/02/2009 Type: APF Status: DEC Date: 03/04/2009 Summary: APC Case Officer: David Campbell Description: Conversion of existing family dwelling house into 7 self-contained flats (1x studio, 3x1 bed flats, 2x2 bed flats, 1x3 bed flat) Alterations and extensions involving creation of basement accommodation including lightwells at rear and sides. Conversion of and alterations to roofspace and ground floor and first floor rear extension. Provision of 6 car and 8 cycle parking spaces and rear amenity space. 47 Holden Road, London, N12 7EJ Application: Planning Number: F/02833/10 Validated: 19/07/2010 Type: APF Status: WDN Date: 02/09/2010 Summary: WIT Case Officer: Junior Moka Description: Demolition of existing dwelling and erection of a 3 storey building including rooms in roofspace to create 9no residential units. Associated amenities, ancillary parking, new access road ad alterations to landscape. 41 Holden Road, London, N12 8HS Application: Planning Number: F/02586/10 Validated: 28/06/2010 Type: APF Status: DEC Date: 01/09/2010 Summary: APC Case Officer: David Campbell Description: Demolition of existing dwelling and erection of a 2 storey building, with basement and rooms in roofspace, to accommodate 7 selfcontained flats. Provision of 6 car and 8 cycle spaces and rear amenity space. Consultations and Views Expressed: Neighbours Consulted: 98 Replies: 3 Neighbours Wishing To Speak 0 The objections raised may be summarised as follows: 84

85 c. Oppose the building of the flats - this part of Holden Road already find it dangerous to reverse into our car park; 1. Loss of limited sunlight; 2. Loss of outlook; 3. Out of character. 4. Speed of vehicles entering the area combined with the extra traffic due to the new proposed development will increase the potential for accidents between vehicles/pedestrians. 5. Increased traffic congestion. 6. Safety concerns. 7. Traffic flow will be impeded thereby causing delays. The last withdrawn application received 9 objections so any other objections received further to this report will be reported to the committee. Internal /Other Consultations: Traffic & Development No objections on highways grounds subject to comments, conditions and informatives. Date of Site Notice: 05 August PLANNING APPRAISAL Site Description and Surroundings: The existing site is located between land owned by London Underground as part of the northern line which runs adjacent to the site, and Tudor Lodge, a three-storey building containing flats, which extends to the junction with Westbury Road. The land slopes down from the application site to Tudor Lodge and the junction with Westbury Road. Additionally, a steep embankment is located adjacent to the existing dwellinghouse rising up to the underground line which crosses Holden Road adjacent to the application site on a bridge. To the rear of the site is Springfield Close, a development of a number of flats accessed from Westbury Road and the parking area associated with this development abuts the rear boundary of the application site. There is a large Cyprus tree in the rear garden of the site which has recently been issued with a Tree Preservation Order. (TPO/CA/381) Proposal: The proposal relates to the demolition of the existing dwelling and erection of a 3 storey building including rooms in roofspace to create 9 no. residential units. Associated amenities, ancillary parking, new access road ad alterations to landscape. 85

86 The proposed development will include 2 one-bedroom flats and 7 two-bedroom flats, increasing by an additional unit from the appeal decision (total of 8 flats - 5 one-bedroom flats and 3 two-bedroom flats). An outline planning permission was allowed by The Planning Inspectorate under Appeal Reference number (APP/N5090/A/09/ /NWF) for the demolition of the existing house and construction of a new block of 8 flats. Planning Considerations: The immediate surroundings are characterised by purpose-built flats and houses converted into residential units as well as properties in single family occupancy. The proposal would result in the re-use of a brownfield site and as such a flatted development is considered acceptable in this location. The proposed density is in line with policy H21. The current application is for two 1-bed flats and seven 2-beds flats. Surrounding sites have or are being re-developed for higher densities. The design and built form in relation to the size of the plot on previous applications was not considered to be a result for refusal considering surrounding sites for similar schemes. The main issues are considered to be: 8. Whether harm would be caused to the character and appearance of the area and street scene; 1. The living conditions of future residents having regard to the provision of amenity space; 2. Parking, Access and Vehicle Movements; 3. Whether the proposal would result in the community incurring extra educational costs that should be met by the developer; 4. Whether the proposal would increase pressures on the services provided by libraries incurring additional costs that should be met by the developer; 5. Whether the proposal would increase the demand for health care facilities incurring extra costs that should be met by the developer. Proposed siting, character and appearance: The proposed footprint would respect the character and pattern of buildings in this part of Holden Road and allow for sufficient gaps in between the site and surrounding buildings. 9 parking spaces are proposed, of which all will be accessed through an undercroft accessed along the boundary by the trainline. The proposed front building line aligns with the previously consented scheme. There has been an increase to the footprint of that of the consented scheme, but it is still considered that the proposed footprint would relate well to surrounding development. Overall, it is considered that the size, height, mass and appearance of the building would be harmonious with and not over dominate the scale or adversely affect the character of adjacent development. The proposal like the previous approval would have a minimal impact on the residential amenity of neighbouring occupiers. The proposal as amended is considered to result in a proposed bulk and siting of the building that would not detrimentally impact on the amenity of neighbouring occupiers or result in a significant loss of light to surrounding habitable 86

87 room windows. The proposed design replicates elements from the neighbouring block at Tudor Lodge and as such respects the general proportions of the surrounding urban fabric. Amenity of existing/future occupiers: All units would provide adequate internal space and therefore comply with policies H16 and H26. The stacking of flats/rooms is generally acceptable. The proposed development also provides sufficient amounts of usable outdoor space for the enjoyment of future occupiers. The current scheme proposes a communal garden to the rear and additional private space in the form of balconies and terraces which is in line with policy. The communal garden would provide an acceptable quality of outdoor amenity space. Details of landscaping are required by condition. The proposed intensification of use from a single dwelling to nine is not expected to result in a detrimental loss of amenity for occupiers of this part of Holden Road or future occupiers of the adjacent flatted development to be built. Parking, Access and Vehicle Movements: The proposal is for the demolition of the existing Dwelling and erection of a new building to provide 9no. flats comprising 7 x 2-bedroom and 2 x 1-bedroom flats. A total of 9 off street car parking spaces are provided at the rear of the site. The parking provision is in accordance with the Parking Standards set out in the Unitary Development Plan The proposed access arrangement previously approved by a planning inspector at an appeal is still narrow and would only allow one way traffic which will need to be managed. There is also a concern over the pedestrian safety could as it could be affected due to the shared use of the access by pedestrians, cyclists and vehicles into the development. The proposal is acceptable on highways ground subject to conditions considering the previous planning inspector's decision. Education needs generated by the development: The scheme would provide residential units that are considered would generate an increased demand for educational facilities in the area. The method of calculating the likely demand resulting from new development is provided in the Council s Supplementary Planning Document Contributions to Education adopted in February Circular 05/2005 supports the use of planning obligations to secure contributions towards the provision of educational facilities, provided that they are directly related to the development proposal, the need for them arises from its implementation, and they are related in scale and kind. It is considered that a financial contribution towards future education facilities is justified in terms of Circular 05/2005 and that a suitably worded legal agreement / undertaking could secure this. 87

88 To accord with UDP Policy CS8 and the SPD the proposed scheme of 9 residential units (2 one-bedroom flats and 7 two-bedroom flats) would require a contribution of 8,146 and a monitoring fee of 5%. Contributions to library services: The increase in population resulting from development is expected to place serious pressures on libraries, which are already required to meet all the needs of Barnet s diverse community. Developer s contributions are therefore necessary to ensure service provision mitigates the impact of their development activity. The Council s adopted Supplementary Planning Document Contributions to Library Services sets out the Council s expectations of how developers will be able to contribute to the provision and delivery of a comprehensive and efficient library service, with the aim of opening up the world of learning to the whole community using all media to support peoples educational, cultural and information needs. Circular 5/2005 Planning Obligations supports the use of developer s contributions to mitigate the impacts of new development, where it would give rise to a need for additional or expanded community infrastructure. It is considered that a financial contribution towards library services is justified in terms of Circular 05/2005 and that a suitably worded legal agreement / undertaking could secure this. To accord with UDP Policy CS2 and the SPD the proposed scheme would require a contribution of 1,007 and a monitoring fee of 5%. Contributions to Health facilities: The scheme would provide residential units that it is considered would generate an increased demand for health care facilities in the area. The Council s SPD Contributions to Health Facilities from Development adopted in July 2009 sets out capital contributions per residential unit. Circular 05/2005 supports the use of planning obligations to secure contributions towards the provision of community infrastructure provided that they are directly related to the development proposal, the need for them arises from its implementation, and they are related in scale and kind. No information has been provided to demonstrate how the health care needs of the future occupiers of the development would be met by the submitted scheme, or how the proposal fits within NHS Barnet s long term plans to deliver primary care services on a hub and spoke model (para of the SPD). It is considered that a financial contribution towards health care facilities is justified in terms of Circular 05/2005 and that a suitably worded legal agreement / undertaking could secure this. To accord with UDP Policy CS13 and the SPD the proposed scheme would require a contribution of 7,876 and a monitoring fee of 5%. 88

89 The education, library services & health facilities contributions are to be secured by Section 106. As there have been no changes in the local plan or government policy since the approval no objections are raised to this proposal. The principle of this development was considered acceptable under the previous application approved by the planning inspector. 3. COMMENTS ON GROUNDS OF OBJECTIONS It is considered that the planning related concerns raised on this application were not sufficient to constitute a reason for refusal considering the principle of this development was considered acceptable under the previous application. The points made within the objection have been covered in the appraisal above. 4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Council s Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. 5. CONCLUSION The proposal does complies with the requirements of PPS1, especially paragraph 34 which states in part that, design which is inappropriate in its context, or which fails to take the opportunities available for improving character and quality of an area and the way it functions, should not be accepted. When the Local Planning Authority approve planning applications there may be cases where there is some element of a loss of light to neighbouring properties. It is for the Local Planning Authority to determine whether the loss of light that could occur would be sufficient a reason to refuse the application. The Local Planning Authority considered the previous application to have an acceptable impact on the amenities of the neighbouring occupiers. The Local Planning Authority have considered this current scheme and also consider this impact on neighbours to be acceptable. Having taken all material considerations into account, the proposed development would be in keeping with the character and appearance of the surrounding area and in a design which is considered to be in keeping with neighbouring dwellings. The proposed development is not considered to have a detrimental impact on the residential amenities of neighbouring developments. It is recommended that the application be approved subject to the discharging of attached conditions. It is therefore recommended that the application be APPROVED. 89

90 SITE LOCATION PLAN: REFERENCE: 47 Holden Road, London, N12 7EJ F/03632/10 Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA