PLANNING APPLICATIONS COMMITTEE 19th March 2009 ......2009/03/19 · Drawing No’s JW345 – 102,...

PLANNING APPLICATIONS COMMITTEE 19th March 2009

Item No: 07

UPRN APPLICATION NO. DATE VALID

08/P2129 08/08/2008 08/P2130

Address/Site: 360 – 364 London Road, Mitcham, CR4 3ND

Ward Cricket Green

Proposal (1) Conservation Area Consent in respect of demolition of an existing commercial unit.(2) Demolition of an existing commercial unit and development of a part two, part three and part four-storey building comprising 2 ground floor B1 commercial units, 1 first floor B1 unit, 11 [4 x3 bedroom & 7 x 2 bedroom] self contained flats and 3 terraced properties [2 x 3 bedroom & 1 two bedroom] along Broadway Gardens.

Drawing No’s JW345 – 102, JW357- 101, 103 Rev A, 104 Rev D, 105 Rev B 106 Rev B, 107, 108 Rev B, 109 Rev B and 110 Rev B.

Contact Officer Jolyon Boyle (020 8545 3276)

RECOMMENDATION

(1) GRANT CONSERVATION AREA CONSENT subject to conditions

(2) GRANT PERMISSION subject to completion of a Section 106 agreement and planning conditions.

CHECKLIST INFORMATION �� Heads of Agreement: (Financial contributions toward the provision of

improved educational facilities, sustainable transport initiatives, consultation and implementation of a controlled parking zone, open space and the provision of affordable housing on site.

�� Is a screening opinion required: No �� Is an Environmental Statement required: No�� Has an Environmental Impact Assessment been submitted: No�� Press notice – Yes �� Site notice – Yes

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�� Design Review Panel consulted – No�� Number of neighbours consulted – 63 �� External consultations: None �� Density – 302 Habitable Rooms/ Hectare�� Jobs created: N/A

1. INTRODUCTION1.1 This application is being brought before Committee for Members’

consideration as it is a significant scheme and to obtain authority to enter into a section 106 agreement.

1.2 The application is brought before Planning Committee following deferral from the committee meeting of 13 November 2008. The application was deferred in order that: ��Officers could seek to secure improvements to the design to reflect its context, particularly in relation to the north of the site and the Mitcham Cricket Green Conservation Area;��The applications considered by the Design Review Panel for their views and for Members’ consideration; ��To consider whether affordable housing should be provided on-site or instead a Section 106 financial contribution is sought towards off-site provision.

1.3 Since the application was initially presented to the planning committee on 13 November 2008, one first floor 2-bed flat has been removed from the development (reducing the number of residential flats from 12 to 11) and replaced with a B1 commercial unit. The roof height of the terrace number 1 has also increased to provide an improved transition in height from the development to neighbouring residential terrace on Broadway Gardens. The proposals including these amendments were presented to the Design Review Panel on 28th January 2009.

1.4 The Design Review Panel’s response to the proposal was positive and the panel awarded the development a ‘green light’. The minutes of the Design Review Panel meeting are found within the consultation section of the report.

1.5 It is considered unreasonable to delay the consideration or to resist the proposal on the basis that the applicant wished to provide affordable accommodation on site.

2. SITE AND SURROUNDINGS2.1 The subject site is occupied by the Kwik Fit building located on the northwest

side of London Road in Mitcham. The site faces London Road and is sited directly opposite the Burn Bullock public house (grade II listed) on the southern side of the Cricket Green. The return frontage is along Broadway Gardens, a small residential side road characterised by two-storey terraced properties.

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2.2 Adjoining the site to the north is the three-storey terrace comprising Highfield Court. This building has commercial premises on the ground floor with residential accommodation on the upper floors. The other side of this terrace is the grade II listed public house formerly known as the White Hart. On the opposite corner of Broadway Gardens is an open site providing a car wash. London Road is characterised by a variety of building styles and sizes, many of which do little to enhance the surrounding area.

2.3 The subject site is situated within the Mitcham Cricket Green Conservation Area and an Archaeological Priority Zone. The site has a PTAL rating of 3 and is not situated within a Controlled Parking Zone.

3. CURRENT PROPOSAL3.1 The proposal involves the demolition of an existing kwik Fit buildings and the

development of a part two, part three and part four-storey building comprising 2 ground floor B1 units, 1 first floor B1 unit, 11 [4 x3 bedroom & 7 x 2 bedroom] self-contained flats and 3 terraced properties [2 x 3 bedroom & 1 two bedroom] along Broadway Gardens. A total of 8 residential parking spaces would be provided on site.

3.2 The development would be of a contemporary design incorporating a flat roof sections and modern materials and finishes, which is a significant departure from the previously refused proposals.

3.3 The table below provides a breakdown the various room sizes within the proposed houses. Please note that flat 2 of the earlier proposal has been removed from the development and replaced with a B1 commercial unit and is therefore not listed in the table.

Bdm 1 Bdm 2 Bdm 3 Kch LDR Kch/Dn LR BthrmUnit 1 14 6 - 8 18 - - 4Unit 2 11 12 11 - - 16 16 4.5Unit 3 11 12 11 - - 16 16 4.5SPG 11 10.5 6.5 7.5 17.5 11 14 5

3.4 The table below provides a breakdown the various room sizes within the proposed flats. Please note that flat 2 of the earlier proposal has been removed from the development and replaced with a B1 commercial unit and is therefore not listed in the table.

Bdm 1 Bdm 2 Bdm 3 Kch LDR LDR/Kch BthrmFlat 1 13 9 10 - - 28 5.5Flat 3 11 7.5 6.5 - - 25.6 4.5Flat 4 11 8.5 - 7 18 - 5Flat 5 13.6 9 10 - - 27 5.5Flat 6 13 10 - 7.6 21 - 5Flat 7 11 7.5 6 - - 26.5 4.5Flat 8 11 8.5 - 7 18 - 5Flat 9 12 9 - - - 25 6.5Flat 10 13 10 - 7.6 21 - 5

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Flat 11 11 7.5 - - - 25.5 4.5Flat 12 12 8 - 7 18 - 5SPG 11 10.5 6.5 7.5 17.5 25 5

4. PLANNING HISTORY

4.1 The site has been subject to numerous applications relating to the car repair and MOT testing centre use, however these applications do not relate directly to the current application.

4.2 The most recent relevant application was for redevelopment to provide two x 2 storey 3 bed houses, part 3 & part 4-storey building comprising class B1/A2 use on the ground & first floors, 2 marionettes, 4 x 3 bed flats and 4 x 1 flats on the upper floors together with car & bicycle parking provision. Permission was refused in January 2008 (ref 07/P3358) on the following grounds:

“The proposed development, by reason of the design and layout would provide a cramped and unsatisfactory standard of accommodation for future residential occupiers, arising from poor outlook from habitable rooms, overshadowing, poor internal layout and lack of amenity space for family sized flats, and would be harmful to the amenities of neighbouring residential occupiers in Highfield Court in terms of loss of outlook and visual intrusion contrary to policies HS.1 and BE.15 of the Adopted Merton Unitary Development Plan (2003) and the Council's Supplementary Planning Guidance - New Residential Development”.

4.3 The subsequent appeal against the refusal of planning application 07/P3358 was dismissed with the Inspector endorsing the issues raised by the Council, particularly in respect to the impact of the development upon the privacy and outlook of neighbouring occupiers and the poor quality of the residential accommodation.

4.4 While the loss of employment land was not a reason for the refusal of any of the previous planning applications, as part of an appeal against the refusal of application 06/P2352 (Development of a part 3 and part 4 storey building comprising class B1 (business), A2 (offices for financial and professional services) on ground and 1st floor and 12 residential units) the Inspector stated that ‘policy E.6 aims to resist the loss of employment land outside designated employment areas, but it seems to me that the benefits of removing this use and buildings from this location far outweigh that concern.’ The loss of the existing employment use and the existing buildings is therefore not considered a critical planning consideration.

5. CONSULTATION5.1 Individual consultation letters were sent to neighbouring properties and a

major site notice was displayed at the site and a press notice published. One letter was received in response to the application from Councillor Diane Neil Mills. The objection raised the issues of affordable housing, loss of employment land and the quality of accommodation.

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Affordable Housing

5.2 Whilst I fully support the objective of providing new affordable housing in Merton, particularly the provision of affordable houses (rather than flats), I am equally committed to the objective of regenerating Mitcham Town Centre. The area along London Road to which this application relates is in the Cricket Green Ward (the PAC agenda states the application relates to Graveney Ward?), which is characterised by a high concentration of social housing and deprivation. I would therefore ask that the Section 106 contribution towards affordable housing be provided in cash (as a commuted sum) rather than in kind. Certainly, the proposed tenure of the seven units of affordable housing (all social rented) is not appropriate for this development. Paragraph 3.57 of The London Plan (February 2008) support this policy:

5.3 (3.57) In certain exceptional cases a borough may consider that the required affordable housing should be provided off-site, or that a financial contribution instead of on-site provision, is acceptable. Examples where off-site provision could be appropriate include sites where there are existing concentrations of particular types of social housing and there are demonstrable benefits to be gained by providing the new units in a different location, such as to create more socially balanced communities, to provide a particular type of housing, such as family housing or to provide more units than is possible on the principal site.

5.4 This is further supported in PPS3, which is a material consideration.

5.5 I did not find any comments from the housing officers on this point in Section 5 of the PAC report and as such it is not clear if they were or were not consulted.

Section 106 Contribution for Loss of Employment Land

5.6 The council's position on loss of employment land at this location is not clear in the report. Paragraph 5.4 states that the site would be a successful employment site. This point is not really considered in the body of the report.

5.7 It is not clear from the PAC report if the proposed Section 106 agreement will provide a contribution for the loss of employment on this site, in accordance with the policy which is set out in Merton's Planning Obligations SPD of July 2006:

5.8 The relevant UDP policy is E6: Loss of Employment Land Outside the Designated Industrial Areas. This states that: Outside the industrial areas shown on the proposals map, development which results in the loss of employment land will be acceptable only under the following circumstances: (i) If the land is in a predominantly residential area and the development proposed will provide a local community or cultural facility. (ii) If the land is in a predominantly residential area, residential use will be permitted provided that: The size, configuration, access arrangements or other characteristics of the site make it unsuitable and financially unviable for

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any employment or community use as confirmed by full and proper marketing of the site for 5 years for employment or community purposes.

5.9 Compensatory measures comprising employment benefits locally may be sought for the loss of employment land. Such measures will be sought through planning obligations.

5.10 The land use involved relates to employment uses only, the B Use Class and related sui generis uses. As stated in the policy, satisfactory compensatory obligations will be sought where there’s a loss of employment use. Compensation would only be sought where a development which is broadly contrary to the Council’s policies for the protection of employment land could be made acceptable by means of adequate and appropriate planning obligations (in accordance with para 3.121 of the 2003 UDP).

5.11 The contribution will be based on the uplift in the value of the land which will vary depending on the type of development proposed and the site in question. Due to the potential site by site variation contributions up to 50% of the uplift in the value of the land will be required. The developer will be expected to prove the level of their contribution. The contributions will be used to provide for economic development and renewal initiatives including new or improved space or other support for employment. The latter may include training or facilitating access to jobs for example. The agreement will set out what the funding will provide.

Quality of Accommodation

5.12 UDP Policies U.1 and U.4 relating to the urban village envisage "high quality residential areas", yet the report suggests that this development will not achieve this standard. Paragraph 7.13 states that it will provide a "satisfactory internal living environment" and that some rooms are "marginally below the internal area requirements of the SPG". Paragraph 7.14 states that the stacking of accommodation would be "broadly acceptable". This does not seem to define "high quality".

Transport Planning5.13 No objection is raised to this proposal located in an area with good levels of

public transport accessibility (PTAL= 4) subject to recommended planning conditions and s106 obligations.

Environmental Health5.14 No objection subject to the imposition of suggested planning conditions.

Regeneration Partnerships5.16 Object to the proposal on the grounds that the loss of the B2 use would be

contrary to policy E.6 of the UDP. In addition the developer has failed to demonstrate a lack of demand for an entirely business use of the site. It is considered that the site could be successfully redeveloped for an entirely B1/D1 use.

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English Heritage (Conservation)5.17 No objection to the proposal.

English Heritage (Archaeology)5.18 No objection subject to a condition requiring the applicant to secure a

programme of archaeological work.

Design Review Panel

5.19 The Panel questioned how much consideration had been given in the design of the building to the proximity of the site to the conservation area and nearby listed buildings. The applicant made reference to the adjacent building having elements or ‘modules’ to its façade that the new building related to. The Panel acknowledged that the new building was ‘of its time’ and honest in this respect, also that the frontage of which it was a part had an eclectic mix of 3 old buildings, which the proposal added positively to. The new building is respecting but not copying adjacent buildings, and was based on their variety.

5.20 The Panel also asked about the top storey and whether it was necessary in terms of the design, or whether it was there for commercial purposes alone. Though they did not express a desire that it should be removed, there was a feeling that the building would benefit from the top floor being set back further than currently proposed.

5.21 There was a general discussion with the applicant on the materials used and why they had been chosen, notably the blue brick on the houses. The applicant referred to previous use of the type of brick and another scheme they has designed on Wimbledon Hill Road, which some Panel members were positive about. The reasoning for the blue brick was generally, that it differentiated from the commercial element of the proposal and worked well with the colour of the zinc roof. The Panel felt that there was variety in the materials, but that there was reasoning and logic to their use, and that the had not simply been ‘thrown’ onto the façade to create variety

5.22 The Panel expressed some concern regarding the ability of the applicant or owner to control the architectural integrity on the shop-fronts (floor to ceiling glazing) from inappropriate design of advertising or fascias by occupiers. It was suggested that some control needed to be exercised over this. The Panel also noted that there were no single aspect flats and that the design has managed to respect the amenity of the neighbouring flats to the rear.

5.23 Overall the Panel’s response was very positive to the proposal.

5.24. VERDICT: GREEN

6. POLICY CONTEXT6.1 The relevant policies in the Council’s Unitary Development Plan (October

2003) are: ST.1 (Sustainable Development), ST.3 (Mixed Uses), ST.12 (Previously Developed Land), ST.13 (Housing Needs), ST.14 (Employment

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Land), ST.17 (Built Environment), ST.35 (Parking), U.1 (Urban Village Designation), U.4 (Residential Uses), HP.1 (Housing Target), HN.3 (Housing Mix), E.6 (Loss of Employment Land Outside the Designated Industrial Areas), E.7 (Land Uses on Sites Outside the Designated Industrial Areas), HP.1 (Housing Target), HP.4 (Density of Development), HS.1 (Housing Layout and Amenity), BE.1 (Conservation Areas, New Development, Change of Use, Alterations and Extensions), BE.2 (Conservation Areas, Demolition), BE.8 (Setting of Listed Buildings, Ancient Monuments, Historic Parks and gardens and the Wider Historic Landscape), BE.13 (Archaeological Protection and Preservation), BE.14 (Archaeological Evaluation), BE.15 (New Buildings and Extensions; Daylight, Sunlight, Privacy, Visual Intrusion and Noise), BE.16 (Urban Design), BE.22 (Design of New Development), PK.3 (Car Parking and Development), LU.2 (Public Transport Accessibility), LU.3 (Transport Impact of New Development).

6.2 The relevant policies in the London Plan (February 2008) are: 2A.1(Sustainability Criteria), 3A.1 (Increasing London’s supply of housing), 3A.2 (Borough housing targets), 3A.3 (Maximising the potential of sites), 3A.5 (Housing choice), 3A.6 (Quality of new housing provision), 3A.9 (Affordable housing targets), 3B.1 (Developing London’s economy), 3B.2 (Office demand and supply), 3B.11 (Improving Employment opportunities for Londoners), 3C.1 (Integrating Transport and Development), 3C.2 (Matching development to Transport Capacity), 3C.3 (Sustainable Transport in London), 3C.23 (Parking Strategy), 4A.2 (Mitigating Climate Change), 4A.3 (Sustainable Design and Construction), 4A.4 (Energy Assessment), 4A.7 (Renewable Energy), 4A.11 (Living roofs and walls), A.14 (Sustainable Drainage), 4A.20 (Reducing noise and Enhancing soundscapes), 4B.1 (Design Principles for compact city), 4A.3 (Sustainable design and construction), 4B.5 (Creating an Inclusive Environment), 4B.11 (London’s built heritage), 4B.12 (Heritage conservation) and 6A.5 (Planning Obligations).

7. PLANNING CONSIDERATIONS7.1 The main planning considerations are to assess the loss of the existing

buildings and use, the principle of residential development, affordable housing, the standard of residential accommodation, and the impact on the surrounding conservation area in relation to design, scale, siting and parking and access arrangements.

Loss of the existing buildings and use7.2 It is considered that the existing buildings on the site have a negative impact

on the surrounding area and fail to enhance the quality of the surrounding environment. The demolition of the existing buildings and their replacement with a modern development is therefore supported in principle.

7.3 The application site is a scattered employment site (located outside a designated employment area) and currently provides a motor vehicle repair use (Use Class B2). Uses within Use Class B2 are not considered appropriate within residential areas, such as the area comprising the application site, due to residential amenity issues. To address this concern UDP policy E.3 directs such uses to the Council’s designated employment

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areas. In addition to this requirement, planning legislation permits the change of use from B2 to B1 use without the need for planning permission. In light of these considerations the proposal presents an opportunity to further the objectives of policy U.1 which seeks a mix of uses including residential and employment uses for this and other sites within the urban village.

7.4 For these reasons it is considered that removal of an existing B2 use from a residential area and its replacement with a mixed used development comprising 3 B1 units would meet the relevant objectives of the UDP. Furthermore, in considering a recent appeal (application ref: 06/P2352) the Inspector was of the view that the benefits of removing the existing use and buildings from the site far outweighed the objectives of policy E.6. Given that that the current scheme proposes a over 240m2 of employment floor space, a financial contribution would not be sought as there is no impact to be mitigated.

Provision of Residential Accommodation7.5 Policies U.1 and U.4 envisage a mix of uses, high quality residential areas

and higher residential densities. The principle of providing some residential accommodation on the site would therefore be acceptable providing a portion of the site is retained for employment uses as stipulated in policies E.6 and U.1 of the UDP.

7.6 Increasing the borough’s current housing stock is an important strategic objective for Merton. Policy 4B.3 of the London Plan encourages boroughs to ensure that development proposals achieve the highest possible intensity of use compatible with the local context, the design principles cited within policy 4B.1 and with public transport capacity. This aim is also outlined in UDP Policy HP.1.

Design, Appearance and Impact on Conservation Area7.7 The surrounding area is of mixed character comprising commercial and

residential properties from various periods. The existing buildings in the area are of varied design, height and scale with a variety of building forms along London Road and Broadway Gardens.

7.8 Given the lack of any particular building style or character in the area surrounding the site the application offers the opportunity in line with UDP policy BE.22 to enhance the character of this area. It is considered that the application succeeds in realising the opportunities offered by the corner location of this site with an attractive and contemporary design approach. The proposal responds well to the principles of urban design by providing a modern design comprising a mix of materials and well-articulated building.

7.9 The design, siting and scale of the Broadway Gardens frontage responds to the adjacent residential properties, by providing a two-storey building immediately adjacent the immediate neighbour before rising to three storey’s. Furthermore the building line would align with number 10 Broadway Gardens before staggering into the site, inline with the road frontage.

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7.10 The London Road frontage would be broadly similar in height to adjacent commercial properties at 342 to 356 London Road. It is considered that the mix of vertical and horizontal elements and the mix of materials and articulation of the façade provide sufficient scope for an attractive building. It is considered that the proposal would enhance the appearance of the conservation area by removing an unsightly and incongruous building from the site and replacing it with a new and attractive building of high architectural merit.

7.11 The London Plan (February 2008) considers a density range of between 200 – 450 habitable rooms per hectare appropriate for the application site. The proposed development would have a density of 302 habitable rooms per hectare, which would be within this recommend density range provided in table 4B.1 of The London Plan.

Affordable Housing

enity

7.12 The London Plan (February 2008) sets an affordable housing target of 50% for developments of more than 10 residential units. In accordance with this policy the development sets aside 7 units as social rented housing that include a three bedroom house and 2, three bedroom flats and 4 two bedroom flats. In light of the requirements of the London Plan and applicant’s desire to provide affordable housing on site, it is considered unreasonable to delay the consideration or to resist the proposal in order to seek a financial contribution toward offsite provision.

Impact on Residential Am7.13 In order to avoid loss of privacy or overlooking, the Council’s supplementary

guidance requires a separation distance of 20 metres between directly opposing residential windows.

7.14 The elevations to the residential accommodation have been staggered away from the front elevation of the nearest building located to the rear Highfield Court to provide a separation distance of over 20 metres. The proposed windows have also been carefully sited to restrict direct views from the development toward this neighbouring building. It is considered that the development would maintain an acceptable level of privacy to the occupants of Highfield Court, other adjacent residents and the future occupiers of the development.

7.15 As a result of the height and siting of Highfield Court, the alignment of Broadway Gardens and the staggered siting of the proposed houses units 1 and 2 are within 18 and 14 metres of the flank wall of Highfield Court respectively. While these separation distances are not ideal, they are as the result of the constraints imposed by the shape of the site and the siting of Highfield Court. It is considered that a refusal on these grounds alone could not be justified.

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Standard of AccommodationThe application has been assessed against policy HS.1 of the Council’s UDP and Supplementary Planning Guidance (SPG), which see

7.16k to facilitate a

satisfactory standard of accommodation for future occupiers.

7.17

ternal floorspace and a satisfactory living environment for future occupiers.

7.18

adly acceptable, but providing similar floor layouts throughout the building.

The development would provide a satisfactory internal living environment for future occupiers as demonstrated within the tables below paragraph 3.3. Though a minority of the rooms are marginally below the internal area requirements of the SPG, the majority of the rooms exceed the recommended minimum requirements. On balance it is considered that the development would attain the quality of living environment sought by the SPG. It should be noted that planning permission is not required for internal alterations to residential accommodation following occupation that could alter internal layout arrangements. It is considered that the development would provide adequate in

All of the residential units would be provided with a dual frontage with an aspect to the front and rear of the site that would provide adequate levels of daylight and a satisfactory outlook for future occupiers. It is considered that the layout of the units would be logical and coherent to allow for ease of movement and access for future occupiers. The stacking of accommodation would be bro

Amenity Space7.19 UDP policies HS.1 and BE.15 seek to ensure good quality amenity space for

future occupiers of residential developments. The Council’s supplementary planning guidance requires the provision of 10 square metres of amenity space per habitable room for flatted development and the provision of 50 square metres for houses. All dwellings, including flats should be provided with some form of external private amenity space. This amenity area should be in the form of a regular, consolidated and useable space. The proposed development provides 40 habitable rooms within the flatted accommodationthat requires the provision of 400 square metres of external amenity space.

7.20

ite for the occupiers of the proposed flats.

7.21

onable to secure a S106 contribution for improvements to open space locally.

The proposed houses Units 1, 2 and 3 would provide approximately 50, 27 and 25 square metres of private amenity space respectively. In addition a communal space of approximately 94m2 would be provided at the rear of the s

The character of the larger part of the proposal fronting London Road does not readily lend itself to more conventional forms of amenity space, due to the constraints imposed by the size of the site and the location of the site in an urban village and adjacent to a main road. Whilst the flats within the larger part of the proposal would benefit from small balconies the proposal would result in a shortfall in amenity space, having regard to adopted standards. In order to mitigate the impact of this shortfall it is considered reas

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Parking and TransportUDP policy PK.3 and PPG13 asserts that in areas with good public transport off street parking standards should be applied flexibly. Furthermore the SPG does not consider that a uniform parking standard should be applied, but that the number of off street parking spaces and their design should appropriate to the units being created and to the characteristics of the locality. The submitted proposal includes eight on site residential parking spaces. Two of the proposed houses will have their own designated off-street c

7.22

ar parking space, whilst the 11 flats will share 6 offstreet car parking spaces.

7.23

ed through the introduction or enforcement of on-street car parking controls.

ys from each of the vehicular access points are considered to be acceptable.

7.25

eptable and is in accordance with the Council's maximum parking standards.

7.26 o ensure that the

proposed cycle parking spaces are undercover and secure.

ILITY AND ENVIRONMENTAL IMPACT ASSESSMENT

According to the 2001 Census, 30% of residents in the Cricket Green Ward have no car. Subsequently, on the basis of this information, and the accessibility of the site, it is not considered that there will be any significant issues associated with overspill parking on the surrounding residential streets. A Section 106 contribution will also be required, which will be used to consult residents regarding the possible introduction of a Controlled Parking Zone in Broadway Gardens, which would help mitigate some of the issues associated with the parking impact of the development. This approach is in accordance with the advice in PPG13 that states that developers do not need to provide more spaces than they themselves wish, other in exceptional circumstances that cannot be resolv

7.24 The commercial (B1) elements of the scheme comprises of approximately 220 square metres of floor space. No off-street car parking will be allocated to the commercial elements of the scheme, and this approach is considered acceptable. The vertical clearance beneath the building to access the undercroft parking is 3.5 metres. This is sufficient to enable medium sized service delivery vehicles, such as panel or box vans, to access the site. There is also sufficient space within the site for these vehicles to turn in order to enter and exit Broadway Gardens in forward gear. Visibility spla

Taking into account the high accessibility of the site to other forms of transport, shops and services, it is considered that the number of parking spaces provided on site would be satisfactory. A condition is recommended requiring the submission of a car parking management plan, in order to ensure that the off-street car parking spaces are allocated to the larger family units. The overall level of car parking is considered to be acc

Cycle parking will be provided for the residential and commercial elements of the scheme. A planning condition is recommended in order t

8. SUSTAINABREQUIREMENTS

8.1 Policy HS.2 of the UDP seeks to encourage sustainable forms of the development. The Council’s SPG on Sustainable Development gives guidance on the type of features to be considered. Policy 4A.7 of the London

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Plan requires that developments achieve a 20% reduction in carbon dioxide emissions from on site renewable energy generation. A planning condition isrecommended to seek the provision of on site renewable energy generation.

8.2

. Accordingly, there are no requirements in terms of an EIA submission.

9.1

tial areas and higher residential densities for sites within this Urban Village.

t including 14 residential units to help meet the Borough’s housing needs.

9.3

would maintain the employment function of the site by providing two B1 units.

ONSERVATION AREA CONSENT subject to the following ondition:

. J.2 Demolition

of a Section 106 Agreement secure the following and planning conditions:

2. and implementation of a

3.

6. ncil’s costs of preparing, drafting and monitoring the Section 106 Obligations.

A sustainability score is not required for a residential development of this nature. The application does not constitute Schedule 1 or Schedule 2 development

9. CONCLUSIONThe proposal will provide a high quality building of a modern design that will enhance the character of the area and further key objectives of the UDP that seek a mix of uses, high quality residen

9.2 The development responds to the constraints of this underused site in a urban centre location, provides an opportunity to reinforce Mitcham’s role in the hierarchy of centres within the London Borough of Merton as part of a sustainable mixed use developmen

It is considered that the current proposal represents a significant improvement over the earlier proposals with regards to design. In addition the development would provide an improved and satisfactory living environment for future occupiers, would maintain a satisfactory outlook from neighbouring properties and has been carefully designed and sited to prevent any loss of privacy to either adjoining occupiers or future occupiers of the proposal. The proposal

(1) RECOMMENDATION GRANT Cc

1

(2) RECOMMENDATION GRANT PERMISSION subject to the completionto

1. Financial contribution toward educational provision; Financial contribution towards consultationControlled Parking Zone (approx £7,500); Financial contribution toward sustainable transport Initiatives (based on £500 per residential unit) £7,500;

4. Provision of 7 affordable housing units; 5. Financial contribution toward improvements to local public open space;

The developer agreeing to meet the Cou

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And the following conditions:

1. A.1 Commencement of development (full application).

2. B.1 Details of external materials.

3. B.4 Details of site/surface treatment.

4. B.5 Details of boundary treatment.

5. B.6 Details of refuse storage.

6. C.10 Hours of Construction.

7. D.4 Cycle Parking.

8. C.1 Parking Provision.

9. H.1 Landscaping.

10. The development shall not commence until the applicant has submitted to the Local Planning Authority, and had approved in writing, details of the measures to achieve 20% reductions in carbon dioxide emissions from the use of on site renewable energy sources to meet the aims and objectives of London Plan Policy 4A.7 (Renewable Energy). The development shall be constructed in accordance with such measures as are approved and be permanently maintained thereafter. Reason for condition: To ensure that the energy generating measures are provided and retained for the development in accordance with the requirements of London Plan policy 4A.7.

11. Prior to the first occupation of the residential properties a noise assessment shall be submitted to and approved by the Local Planning Authority. The survey shall have regard to all relevant planning guidance, codes of practice and British Standards for the investigation of noise. The survey shall include recommendations and appropriate remedial measures and actions to minimise the impact of the surrounding locality on the development. The agreed findings of the survey shall be implemented prior to the first occupation of any residential units hereby approved and retained permanently thereafter unless otherwise agreed in writing by the Local Planning Authority.

Reason for Condition: To protect the health and of the occupiers of the development.

12. Prior to the occupation of the residential properties an air quality assessment shall be submitted to and approved by the Local Planning Authority. The assessment, which should include dispersion modeling, is to be undertaken having regard to all relevant planning guidance, codes of practice, British Standards for the investigation of air quality and national air quality standards. The assessment report shall include recommendations and appropriate remedial measures and actions to minimise the impact of the surrounding

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locality on the development. The remedial measures shall be incorporated into the design of the development prior to the first occupation of the development and permanently maintained thereafter unless otherwise agreed in writing by the Local Planning Authority.

Reason for Condition: To protect the health and of the occupiers of the development.

13. Prior to first occupation of the development hereby approved all plant and machinery required by the use shall be enclosed and soundproofed in accordance with a scheme previously submitted to and approved in writing by the Local Planning Authority and such measures shall be installed before the plant and machinery is first used and shall be permanently retained thereafter unless otherwise agreed in writing by the Local Planning Authority.

Reason for Condition: To safeguard the amenities of the occupiers of neighbouring properties.

14. The level of noise emitted from the plant/machinery installed shall not exceed 2 dB (A) above the background noise level, L90 dB (A) (5 minute measurement period) when measured at the nearest residential property and there shall be no increase in one third octave band dB between 50 Hz and 160 Hz.

Reason for Condition: To safeguard the amenities of the occupiers of neighbouring properties.

15. The B1 use hereby permitted shall not commence until the necessary sound insulation works capable of meeting the following standard relating to sound insulation between the residential flats on the first floor and the ground floor commercial units have been completed in accordance with the standards in

BS 8233:1999 -Code of Practice-Sound Insulation and Noise Reduction for Buildings: Living rooms - 30 - 40 dBLAeqT where T is 16 hours between the

hours of 7:00 and 23:00. Bedrooms - 30 - 35 dBLAeqT where T is 8 hours between the hours of 23:00 and 7:00.

Reason for Condition: To ensure a satisfactory standard of amenity for future occupiers.

16. The commercial uses shall not operate outside the hours of 08:00 and 20:00 Monday to Saturdays and shall not operate at all on Sundays or Bank Holidays without the prior approval in writing of the Local Planning Authority. Reason for Condition: To safeguard the amenities of occupiers of neighbouring properties.

17. Non Standard Condition Prior to commencement of development a detailed site investigation shall be completed to survey and assess the extent of potential ground contamination on the site and from the surrounding environment (including any controlled waters), considering historic land use data and the proposed end use with the site investigation report (detailing all investigative works and sampling, together with the results of analysis, risk assessment to any receptors and proposed remediation strategy detailing proposals for remediation) submitted to and approved in writing by the Local Planning Authority with the approved remediation measures/treatments

181

implemented in full prior to first occupation of any residential unit hereby approved.

Reason for condition: In order to safeguard the amenities of neighbouring residential occupiers.

18. Non Standard Condition If during construction works further contamination is encountered which has not previously been identified and considered in relation to condition the Council’s Environmental Health section shall be notified immediately and no further development shall take place until remediation proposals (detailing all investigative works and sampling, together with the results of analysis, risk assessment to any receptors and proposed remediation strategy detailing proposals for remediation) have been submitted to and approved in writing by the Local Planning Authority and the approved remediation measures/treatments implemented in full.


19. Non Standard Condition Prior to first occupation of any residential unit hereby approved a validation report shall be submitted to and approved in writing by the Local Planning Authority to demonstrate that remediation works have been carried out in accordance with the agreed remediation strategy. The validation report shall provide a full record of all remediation activities carried out on the site including post remedial sampling and analysis, waste management documentation and evidence that the agreed site remediation criteria have been met (including waste materials removed from the site; an audit trail demonstrating that all imported or reused soil material conforms to current soil quality requirements as approved by the Council) and any post-remediation sampling that has been carried out.

Reason for condition: In order to protect the health of future occupiers of the site and adjoining areas.

20. I.10 Wash down facilities.

21. Non Standard Condition No demolition works should be undertaken on site until a statement containing information regarding: the method of demolition; measures to identify and remove asbestos, if present and measures to prevent nuisance from dust and noise has been submitted to and approved by the Local Planning Authority. The demolition shall then be undertaken in accordance with the approved statement.


22. No demolition works should be undertaken on site until a statement containing information regarding: the method of demolition; measures to identify and remove asbestos, if present; measures to prevent nuisance from dust and noise has been submitted to and approved in writing by the Local Planning Authority. The demolition shall then be undertaken in accordance with the approved statement. Reason for Condition: In order to safeguard the amenities of neighbouring residential occupiers

182

23. No external lighting shall be installed without the prior approval in writing of the Local Planning Authority.

Reason for Condition: In order to safeguard the amenities of neighbouring residential occupiers

24. No deliveries, loading, unloading or other servicing activities shall take place at the commercial uses outside the hours of 8:00 and 20:00 Monday to Saturdays and not at all on Sundays or Bank Holidays. Reason for Condition: In order to safeguard the amenities of neighbouring residential occupiers

25. Non Standard Condition The turning area shown on the approved drawing shall be provided before occupation of the uses hereby permitted and thereafter shall be kept free from obstruction and shall be retained for turning for users of the development and for no other purpose.

Reason for Condition: To ensure the provision of adequate off-street parking and in order to prevent additional parking in surrounding streets which could be detrimental to amenity and prejudicial to highway safety.

26. Non Standard Condition Prior to the commencement of the development details of the proposed vehicular accesses from Broadway Gardens, including any associated amendments to parking control measures within the site boundary and on the public highway, shall be submitted to and approved in writing by the Local Planning Authority. Such works to be completed prior to the first occupation of the development.

Reason for Condition: To ensure the provision of adequate off-street parking and in order to prevent additional parking in surrounding streets which could be detrimental to amenity and prejudicial to highway safety.

27. Non Standard Condition Prior to the occupation of the development the existing redundant crossovers to the site from Broadway Gardens should be reinstated by raising the kerb, reinstating the footway and undertaking any associated amendments to parking control measures within the site boundary and on the public highway in accordance with the requirements of the Highway Authority.

Reason for Condition: To ensure the provision of adequate offstreet parking and in order to prevent additional parking in surrounding streets which could be detrimental to amenity and prejudicial to highway safety.

28. Non Standard Condition Prior to the occupation of the development 2 metre x 2 metre pedestrian visibility splays should be provided either side of the vehicular accesses to the site from Broadway Gardens. Any objects within the pedestrian visibility splays should not exceed a height of 0.6 metres.

Reason for Condition: To ensure the provision of adequate visibility.

29. Non Standard Condition Prior to the commencement of the development hereby permitted, a Parking Management Strategy shall be submitted to and approved in writing by the Local Planning Authority. The measures approved in the Parking Management Strategy shall be implemented prior to the first occupation of the residential development hereby permitted and shall be so

183

maintained for the duration of the use, unless the prior written approval of the Local Planning Authority is obtained to any variation. Reason for Condition: To ensure the provision of adequate off-street parking and in order to prevent additional parking in surrounding streets that could be detrimental to amenity and prejudicial to highway safety.

30. Non Standard Condition No gates shall be erected across the vehicle access to the site. Reason for

Condition: To maintain adequate access to the site and a satisfactory appearance.

31. Non Standard Condition No development shall take place until the applicant, their agent or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme for investigation which has been submitted by the applicant and approved by the Local Planning Authority. The archaeological works shall be carried out by a suitably qualified investigating body acceptable to the Local Planning Authority.Reason for Condition: In order to protect archaeological remains that may be damaged by the submitted proposal.

INFORMATIVES:

1. You are advised of the necessity to consult the Council’s Highways team prior to the commencement of construction in order to obtain necessary approvals and licences prior to undertaking any works within the Public Highway.

2. It is current Council policy for the Council's contractor to construct new vehicular accesses and to reinstate the footway across redundant accesses. The developer is to contact the Council's Highways team, prior to the commencement of construction, to arrange for any such work to be done. If the developer wishes to undertake this work the Council will require a deposit and the developer will need to cover all the Council's costs (including supervision of the works). If the works are of a significant nature, a Section 278 Agreement (Highways Act 1980) will be required and the works must be carried out to the Council's specification.

3. The survey and report necessary by reason of conditions 16,17 and 18 must be formulated having regard to the Contaminated Land Exposure Assessment model (CLEA 2002), CLR10 and associated guidance developed by DEFRA and the Environment Agency. Where appropriate the survey shall include a conceptual site model and a full risk assessment of contaminants on the site.

4. The validation report necessary by reason of conditions 16,17 and 18 is to be accompanied by a letter signed by a senior member of the development company and the consultant engineer or environmental consultant confirming that the site has been remediated in accordance with the agreed strategy.

184

5. The development of this site is likely to damage archaeological remains. The applicant should therefore submit detailed proposals in the form of an archaeological project design. This design should be accordance with the appropriate English heritage guidelines

Reasons for Approval: The proposed development is designed to make the most efficient use of land with the provision of residential and commercial uses that will reinforce Mitcham’s role in the hierarchy of centres. The development is a modern a building of quality architectural design as part of a sustainable mixed use development including 14 residential units to help meet the Boroughs housing needs whilst minimising any impact upon neighbouring residential properties. The proposal accords with policies contained in the London Plan (February 2008) and the Council’s Adopted Unitary Development Plan (October 2003) as far as material to the proposals that are the subject of this approval. The policies listed below were relevant to the determination of this proposal:

Adopted Unitary Development Plan (October 2003)ST.1 (Sustainable Development), ST.3 (Mixed Uses), ST.12 (Previously developed Land), ST.13 (Housing Needs), ST.14 (Employment Land), ST.17 (Built Environment), ST.35 (Parking), U.1 (Urban Village Designation), U.4 (Residential Uses), HP.1 (Housing Target), HN.3 (Housing Mix), E.6 (Loss of Employment Land Outside the Designated Industrial Areas), E.7 (Land Uses on Sites Outside the Designated Industrial Areas), HP.1 (Housing Target), HP.4 (Density of Development), HS.1 (Housing Layout and Amenity), BE.1 (Conservation Areas, New Development, Change of Use, Alterations and Extensions), BE.2 (Conservation Areas, Demolition), BE.8 (Setting of Listed Buildings, Ancient Monuments, Historic Parks and gardens and the Wider Historic Landscape), BE.13 (Archaeological Protection and Preservation), BE.14 (Archaeological Evaluation), BE.15 (New Buildings and Extensions; Daylight, Sunlight, Privacy, Visual Intrusion and Noise), BE.16 (Urban Design), BE.22 (Design of New Development), PK.3 (Car Parking and Development), LU.2 (Public Transport Accessibility), LU.3 (Transport Impact of New Development).

London Plan (February 2008):2A.1(Sustainability Criteria), 3A.3 (Maximising the Potential of Sites), 3A.9 (Affordable Housing Targets), 3A.10 (Negotiating Affordable Housing in Individual Private Residential and Mixed Use schemes), 3B.1 (Developing London’s Economy), 3B.11 (Improving Employment opportunities for Londoners), 3C.1 (Integrating Transport and Development), 3C.2 (Matching development to Transport Capacity), 3C.3 (Sustainable Transport in London), 3C.23 (Parking Strategy), 4A.2 (Mitigating Climate Change), 4A.3 (Sustainable Design and Construction), 4A.4 (Energy Assessment), 4A.7 (Renewable Energy), 4A.11 (Living roofs and walls), (A.14 Sustainable Drainage), 4A.20 (Reducing noise and Enhancing soundscapes), 4B.1 (Design Principles for compact city), 4B.3 (Enhancing the Quality of the public realm), 4B.5 (Creating an Inclusive Environment), 6A.5 (Planning Obligations).

185

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196

PLANNING APPLICATIONS COMMITTEE 19 March 2009 Item No 08

UPRN APPLICATION NO. DATE VALID

08/P3065 15/12/08

Address/Site 16 Parkside Avenue, Wimbledon SW19

(Ward) Village

Proposal: Erection of a detached dwelling house (amendment to the design of the flank wall of planning permission 07/P3722 dated 4 April 2008).

Drawing No’s 493/02E, 03E, 04E, 05E, 06E, 07D, 08F and 09D

Contact Officer: Richard Allen (8545 3621) ___________________________________________________________________

RECOMMENDATION

GRANT Permission subject to planning conditions___________________________________________________________________

CHECKLIST INFORMATION

�� Is a screening opinion required: No �� Is an Environmental Statement Required: No �� Has an Environmental statement been submitted: No �� Press notice: No �� Site notice: Yes �� Design Review Panel: No �� Number of neighbours consulted: �� External consultations; None �� Controlled Parking Zone:

1. INTRODUCTION

1.1 This application is being brought to the Planning Applications Committee for determination due to the number of objections received.

2. SITE AND SURROUNDINGS

2.1 The application site comprises a vacant plot formerly occupied by a two storey detached house that has recently been demolished. The site has an area of 890 m2 and is situated on the east side of Parkside Avenue. Detached houses set within large plots characterize the surrounding area. The

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197

application site itself is not within a conservation area, although the site is close to the boundary with the Merton (Wimbledon North) Conservation Area. There are mature trees situated at the rear of the application site. The neighbouring site at 14 Parkside Avenue has been redeveloped by the erection of a two storey (plus rooms within the roof space) detached house.

3. CURRENT PROPOSAL

3.1 The current application seeks a modification the design of the house approved by planning permission LBM Ref.07/P3722 dated 4 April 2008 in respect of alterations to the design of the flank wall adjacent to the boundary with 18 Parkside Avenue. The change to the approved scheme involves removing the ‘set back’ in the flank wall as originally approved with the result that a 3.6 metre length of the flank wall (600mm wide) would be closer to the boundary with 18 Parkside Avenue although still set away from the boundary by a minimum of 1 metre.

3.2 The current proposal involves the erection of a two storey, five bedroom (plus staff bedsit) detached house with accommodation within the roofspace and basement. The proposed house would be set back from the Parkside Avenue frontage by 8 metres with a staggered footprint following the existing building line in Parkside Avenue. The proposed house would have a depth of between 10.3 and 16 metres and would be 18 metres in width. The proposed house would be set off the boundary with the neighbouring properties at 14 and 18 Parkside Avenue by 1 metre. The proposed house would have an eaves height of between 5 and 7 metres and would have a pitched roof with an overall height of 14 and 14.4 metres (given the slightly sloping nature of the site). The main windows would be to the front and rear elevations with dormer windows provided front and rear and to the side (west) elevations of the building. The proposed house would have a ridge height lower than the neighbouring house at 14 Parkside Avenue.

3.3 Internally, at basement level a utility room/store and games room would be provided. At ground floor level the main entrance/hallway would be provided together with kitchen and dining room, study, living room and integral double garage at first floor level four bedrooms would be provided each side of a central void that creates a double height atrium above the entrance hall below. Within the roofspace two further bedrooms would be provided together with a staff flat.

4. PLANNING HISTORY

4.1 In August 2007 a planning application was submitted for the redevelopment of the site by the erection of a six bedroom detached dwelling house (LBM Ref.07/P1082). However, the applicant withdrew the application of the 15 October 2007 following discussions with officers who had expressed concerns regarding the impact of the proposal upon neighbour amenity, particularly in

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198

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