COMMITTEE: DEVELOPMENT CONTROL DATE: 9TH NOVEMBER 2016 SUBJECT: 1-5 LATIMER ROAD, LANGLEY STREET AND

FORMER WINDSOR CASTLE PH AT 12 ALBERT ROAD, LUTON – ERECTION OF THREE x 4 TO 9 STOREY BUILDINGS FOR RESIDENTIAL PURPOSES COMPRISING 137 x ONE BEDROOM, 99 x TWO BEDROOM AND 2 STUDIOS AND 1 COMMERCIAL A3/A4 UNIT WITH ASSOCIATED PATHS, FENCES, WALLS, CYCLE STORAGE AND SOFT LANDSCAPING

(APPLICANT: GPS ESTATES LTD) (APPLICATION NO: 16/01102/FUL)

REPORT BY: DEVELOPMENT CONTROL MANAGER CONTACT OFFICER: DAVID HALL 546317 IMPLICATIONS: LEGAL COMMUNITY SAFETY EQUALITIES ENVIRONMENT FINANCIAL CONSULTATIONS STAFFING OTHER WARDS AFFECTED: SOUTH PURPOSE 1. To advise Members of a current application for planning permission and to

seek their decision.

AGENDA ITEM

8

RECOMMENDATION(S) 2. That planning permission is granted, subject to the satisfactory

completion of a unilateral undertaking or S106 Agreement to secure contributions to education and waste management and museum infrastructure improvements, and subject to the following conditions:- (01) The development hereby permitted shall be begun not later than

the expiration of three years beginning with the date of this permission.

Reason: To limit the duration of the permission in accordance

with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.

(02) The development hereby permitted shall not be carried out other

than in accordance with the approved plans number 2015/826/01, 2015/826/02, 2015/826/03, 2015/826/04, 2015/826/05, 2015/826/06, 2015/826/07, 2015/826/08, 2015/826/09, 2015/826/10, 2015/826/11, 2015/826/12, 2015/826/13, 2015/826/14, 2015/826/15, 2015/826/16, 2015/826/17, 2015/826/18, 2015/826/19, 2015/826/20, 2015/826/21, 2015/826/22, 2015/826/23, 2015/826/24, 2015/826/25, 2015/826/26, 2015/826/27, 2015/826/28, 2015/826/29, 2015/826/30 and 2015/826/31.

Reason: To ensure a satisfactory standard of development and to

safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV7, ENV8, ENV9, ENV10, ENV14, H2, H7 and S1 of the Luton Local Plan.

(03) For the avoidance of doubt details of fume extraction system to

include details of the siting and appearance of odour extraction equipment, sound pressure levels from the extraction equipment and methods of noise attenuation shall be submitted to and approved by the Local Planning Authority prior to the occupation of the café/coffee shop hereby approved.

Reason: To enable the Local Planning Authority to exercise

proper control over the development proposed, in the interests of securing a satisfactory standard of work and of safeguarding the amenities of the surrounding area. To accord with the objectives of Policies LP1, H2, H7 and S1 of the Luton Local Plan.

(04) No works or development shall take place until full details of a

landscaping scheme to include all hard surfaces, grassed areas, tree and shrub plantings and the proposed times of planting, has

been approved in writing by the Local Planning Authority, and all grassed areas shall be laid out and all tree and shrub planting shall be carried out in accordance with those details and at those times. Within one month of the completion of the landscaping scheme written confirmation of the completion date shall be submitted to the Local Planning Authority. If within a period of five years from the initial date of planting of any tree or shrub, any such plant is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority, seriously damaged, diseased or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

Reason: To enhance the appearance of the proposed

development. To accord with the objectives of Policy(ies) LP1 and ENV10 of the Luton Local Plan.

(05) A management plan, including management responsibilities and

maintenance schedules, for all external and shared/common areas of the development shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development for its permitted use. The management plan shall be carried out as approved.

Reason: To accord with the objectives of Policies LP1 and ENV9

of the Luton Local Plan. (06) The area to be used for car parking in connection with the

development hereby permitted shall not be used for any purpose other than for the parking of cars and the standing of vehicles while servicing the premises and shall be ready for use prior to the occupation of the building(s) comprised in the development hereby permitted.

Reason: To accord with the objectives of Policy T3 of the Luton

Local Plan. (07) Details of the surfacing and drainage of any parking service

area(s) hereby approved shall be submitted to and approved by the Local Planning Authority before the development hereby permitted is commenced. The details thereby approved shall be installed prior to the occupation of any building on the site.

Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment. To accord with the objectives of Policies LP1 and ENV14 of the Luton Local Plan.

(08) No external lighting shall be installed on the site, other than in

accordance with a scheme to be submitted to and approved by the Local Planning Authority beforehand. The scheme, lighting equipment and levels of illumination shall comply with guidance issued by the Institution of Lighting Engineers in their publication "The ILE Outdoor Lighting Guide" and shall be accompanied by a statement from the developer confirming that compliance. The scheme shall thereafter be retained and maintained for so long as the development remains in existence and shall not be varied without the prior written permission of the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to

safeguard the amenities of the surrounding area. To accord with the objectives of Policies LP1 and ENV9 of the Luton Local Plan.

(09) No development shall take place, including any works of

demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: (i) Operating hours No demolition, construction or contaminated land remediation activities, movement of traffic, or deliveries to and from the premises, shall occur other than within the hours agreed with the Local Planning Authority. Any proposed extension to these agreed hours, other than for emergency works, shall be agreed with the Local Planning Authority before work commences; (ii) the parking of vehicles of site operatives and visitors; (iii) loading and unloading of plant and materials; (iv) storage of plant and materials used in constructing the development; (v) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (vi) wheel washing facilities; (vii) measures to control the emission of dust and dirt during construction; (viii) a scheme for recycling/disposing of waste resulting from demolition and construction works.

Reason: To ensure a satisfactory standard of development and to

safeguard the amenities of the surrounding area. To accord with the objectives of Policies LP1 and H2 of the Luton Local Plan.

(10) A management scheme for the car parking areas of the development shall be submitted to and approved by the Local planning Authority and the scheme thereby approved shall be installed before the occupation of the first residential unit and maintained for so long as the development remains in existence.

Reason: To ensure a satisfactory standard of development and in

the interests of security and the prevention of crime. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(11) A secure entry system shall be provided to all entrances in

accordance with a scheme to be submitted to and approved by the Local Planning Authority before the development hereby permitted is commenced and the approved entry system shall be installed and fully operational prior to the occupation of the first residential unit and maintained for so long as the development remains in existence.

Reason: To ensure a satisfactory standard of development and in

the interests of security and the prevention of crime. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(12) The amenity space approved as part of the development hereby

permitted shall be available for use prior to the occupation of the first residential unit and shall be accessible to the occupants of all residential units in the scheme.

Reason: To protect the amenities of the future occupiers of the

accommodation hereby approved. To accord with the objectives of Policies LP1 and ENV10 of the Luton Local Plan.

(13) Full details of the materials to be used in the construction of the

elevations, roofs, balconies and ballustrades of the buildings shall be submitted to and approved by the Local Planning Authority before the development is commenced. The development shall be carried out using the approved materials unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to

safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV7, ENV9 and ENV9 of the Luton Local Plan.

(14) Prior to the commencement of development, details of a scheme for renewable energy production equipment to provide at least 10% of the predicted energy requirements of the development shall be submitted to and approved by the Local Planning Authority, unless it can be demonstrated that there are overwhelming practical reasons why this is not appropriate. The scheme thereby approved shall be installed before first occupation or in accordance with a timetable agreed in writing by the Local Planning Authority and shall be used, retained and maintained thereafter for so long as the development remains in existence.

Reason: In the interests of sustainability. To accord with the

objectives of Policy(ies) U3 of the Luton Local Plan. (15) No part of the development hereby approved shall be brought

into use unless and until a Travel Plan (substantially in accordance with the Framework Residential Travel Plan prepared by Wormald Burrows Partnership Limited dated May 2016 has been submitted and approved in writing by the Local Planning Authority (who shall consult with the Highways Agency on behalf of the Secretary of State for Transport). The Travel Plan shall be in line with the prevailing policy and best practice and shall include as a minimum: (i) The identification of targets for trip reduction and modal shift; (ii) The methods to be employed to meet these targets; (iii) The mechanisms for monitoring and review; (iv) The mechanisms for reporting; (v) The penalties to be applied in the event that the targets are not met; The mechanisms for mitigation; (vi) Implementation of the travel plan to an agreed timetable or timetable and its operation thereafter; and (vii) Mechanisms to secure variations to the Travel Plan following monitoring and reviews.

Reason: In the interests of highway and pedestrian safety. To

accord with the objectives of Policy(ies) LP1 and T3 of the Luton Local Plan.

(16) The internal design and building specifications of the proposed

development shall be such that the daytime noise level within any residential unit with windows closed shall not exceed 40dBLAeq (0700-2300) and the night time noise level within any residential unit with windows closed shall not exceed 30dBLAeq (2300-0700). The night time LAmax shall not exceed 45db. Full details of noise insulation measures, including provision for powered acoustically attenuated ventilation, shall be submitted to and approved by the Local Planning Authority before any work

is commenced. The approved insulation scheme shall be completed prior to the occupation of the development. If compliance requires windows to be closed, the applicant will need to install mechanical ventilation having regard to the self-noise of any proposed system. (Please note: trickle vents with air extracted from bathrooms and kitchens is not sufficient for the thermal comfort of occupants in warm weather and will not be accepted).

Reason: To protect the amenities of future occupiers of the

residential accommodation hereby approved. To accord with the objectives of Policies LP1, H2 and ENV9 of the Luton Local Plan and the guidance of the NPPF.

(17) All plant and equipment must be designated to achieve -10dBA

below background noise level measured 1m from the façade of existing nearby residential accommodation or noise sensitive premises.

Reason: To ensure a satisfactory standard of development and to

safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, H2 and ENV9 of the Luton Local Plan.

(18) No amplified or other music shall be played within the internal

and external communal areas of the development unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to

safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, H2, H7 and ENV9 of the Luton Local Plan.

(19) No building hereby permitted shall be occupied until surface

water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the technical standards and the results of the assessment provided to the Local Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: (i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or

surface waters; (ii) Include a timetable for its implementation; (iii) Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime; (iv) Provide a written confirmation to the Local Planning Authority that the approved drainage system has been implemented in accordance with the approved detailed design and implementation checked by a suitable qualified person.

Reason: To prevent the increased risk of flooding and surface

and ground water pollution. To accord with the objectives of Policy ENV14 of the Luton Local Plan and the National Planning Policy Framework.

(20) Prior to the commencement of development an intrusive soil

investigation shall be undertaken to assess the degree and nature of any contamination present and to determine its potential for pollution of the water environment and risk to other receptors via a qualitative risk assessment. The method and extent of the investigation shall be agreed beforehand with the Local Planning Authority in consultation with the Council's Environmental Protection Service and the investigation shall be undertaken prior to the commencement of development.

Reason: To prevent pollution of groundwater. To accord with the

objectives of Policy(ies) LP1 and ENV14 of the Luton Local Plan. (21) Subject to the result of the studies required by condition 20, a

remediation strategy setting out a timetable of works and the proposed means of dealing with any contamination on site, including provisions for monitoring any specified actions and validating the outcomes, shall then be submitted to and approved by the Local Planning Authority in consultation with the Council's Environmental Protection Service before the development commences. The development shall then proceed in strict accordance with the approved remediation strategy.

Reason: To prevent pollution of groundwater. To accord with the

objectives of Policy(ies) LP1 and ENV14 of the Luton Local Plan. (22) Following completion of any remediation works, the developer

should submit a Verification Report to the Local Planning Authority for approval. The Verification report should provide confirmation that all measures outlined in the approved

Remediation Strategy have been completed including where appropriate validation testing.

Reason: To prevent pollution of groundwater. To accord with the

objectives of Policy(ies) LP1 and ENV14 of the Luton Local Plan. (23) No impact piling shall take place until a piling method statement

(detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement.

Reason: To prevent the pollution of groundwater and to

safeguard the local underground sewerage utility infrastructure. To accord with the objectives of Policies LP1 and ENV14 of the Luton Local Plan.

(24) Prior to the occupation of the development, the car parking areas

of the development shall include the provision of electric vehicle charging points, secure bicycle storage areas and 1 car parking space and electric vehicle charging point for the exclusive use of a Car Share Club to be set up by the developers, in accordance with a scheme to be submitted to and approved by the Local Planning Authority before the development is commenced. The scheme shall thereafter be maintained for so long as the development remains in existence and shall not be varied without the prior written permission of the Local Planning Authority.

Reason: To prevent unacceptable impacts on air quality and the

adjacent Air Quality Management Area and to safeguard the amenities of the surrounding area. To accord with the objectives of Policies LP1 and T3 of the Luton Local Plan.

REPORT The Site and Surroundings 3. The application site is an irregularly shaped area of land, located to the

south of Park Viaduct and fronting Langley Street, immediately south of the Central Area of Luton, between Latimer Road to the north-west and Albert Road to the south-east. The site has an area of approximately 0.426 hectares and is currently vacant following the demolition of the existing

buildings. Abutting the southern boundary of the site, with access from Latimer Road, is a development of single storey workshops called Flowers Industrial Estate.

4. Development in the locality is mixed, with industrial, commercial and

residential development including flatted development to the south-east of Albert Road

5. The Design, Access and Planning Statement submitted in support of the

application refers to land levels being such that there is a fall of approximately 4.6m from west to east and approximately 1m from north to south. There are three existing vehicular accesses to the site, one from Latimer Road and two from Langley Street.

Relevant Planning History 6. Planning permission was granted in 2006 under application reference

06/00381/FUL on the 1-5 Latimer Road part of the site for the erection of residential and office development of 80 flats and 3 office units in a single block of 7 to 9 storeys. This permission was subject to a S106 Agreement including a contribution of £50,000 to the Council as Highway Authority towards the upgrading of on-street parking provision in the vicinity of the site, a contribution of £43,500 towards the upgrading of bus stops and related bus priority measures in the vicinity of the site and a contribution of £106,977 towards the provision of additional education places in the neighbourhood to meet the needs of children from the proposed development for both Primary and Secondary education.

7. A 2007 application reference 07/00593/FUL for the erection of 222 flats

comprising: Latimer Road Block – 5 to 9 storeys with basement parking, Langley Street Block – 6 to 9 storeys with basement parking, Albert Road North Block – 2 to 5 storeys with basement parking and Albert Road South Block – 2 to 4 storeys, after demolition of existing industrial unit, was considered at committee. A decision was made to grant permission subject to the completion of a S106 Agreement. However, the S106 Agreement was not completed and the application was deemed to have been withdrawn prior to being determined in February 2009.

8. A further application under reference 07/01110/FUL was submitted in

respect of the Windsor Castle, 12 Albert Road part of the site for the erection of a 3 to 8 storey block comprising 22 one bedroom flats, 19 two bedroom flats and a bar / café on the ground floor, after demolition of the existing public house, was also considered at committee. A decision was made to grant permission subject to the completion of a S106 Agreement. Once again, the S106 Agreement was not completed and the application

was deemed to have been withdrawn prior to being determined in March 2009.

The Proposal 9. Planning permission is being sought for the erection of three x 4 to 9 storey

buildings comprising 137 x one bedroom flats, 99 x two bedroom flats and 2 studios and 1 commercial A3/A4 unit with associated paths, fences, walls, cycle storage and soft landscaping with basement parking providing 43 car spaces, including 5 disability spaces, and 53 cycle spaces. The scheme incorporates a single café/coffee shop of approximately 232 square metres.

10. Three blocks of residential units are proposed, ranging from part three

storeys to part ten storeys. 11. The Latimer Road block will be L-shaped, fronting Latimer Road and Park

Viaduct. It will be predominantly nine storeys in height on the corner reducing to eight storeys and then six storeys along Latimer Road and reducing to eight storeys along Park Viaduct. The accommodation provided in this block will be 118 one and two bedroom flats. There will be two pedestrian entrances on Latimer Road and one pedestrian entrance on Park Viaduct. The vehicular access to the basement parking area is located on Langley Street and situated to the east of the block.

12. The Langley Street block will be approximately T-shaped, with the wide part

of the T fronting Langley Street. It will be ten storeys in height fronting Langley Street reducing to nine storeys and then six storeys where it adjoins the Flowers Industrial Estate. The accommodation provided in this block will be 73 one and two bedroom flats. There will be a single pedestrian entrance on Langley Street. The vehicular access to the basement parking area is located on Langley Street and situated towards the eastern end of the block.

13. The Windsor Block will be L-shaped, fronting Langley Street and Albert

Road. It will be predominantly eight storeys in height on the Langley Street frontage, reducing to four storeys along Albert Road. The accommodation provided in this block will be 45 one and two bedroom flats and 2 studios. There will be a single pedestrian entrance on Langley Street. The café/coffee shop will be situated at ground floor level on the corner of Langley Street and Albert Road with its entrance on Langley Street.

14. The Design and Access Statement submitted in support of the application

refers to the level of car parking provided being based on the provision made in the planning permission that was granted in 2006, application reference 06/00381/FUL, which received approval based on a 35% parking provision.

Planning Policy National Planning Policy Framework 15. The National Planning Policy Framework (NPPF) was published in March

2012. It sets out to rationalise national policy guidance and provides guidance as to how the government’s planning policies are expected to be applied. The core principle of the NPPF is a “presumption in favour of sustainable development”. However, this does not change the status of the development plan as the starting point for decision making. Planning law requires that applications must be determined in accordance with the development plan unless materials considerations indicate otherwise. The NPPF is a material consideration in planning decisions.

National Planning Policy Guidance (NPPG) 16. The National Planning Policy Framework (NPPF) was published in March

2012. It sets out to rationalise national policy guidance and how the government’s planning policies are expected to be applied. The core principle of the Framework is a “presumption in favour of sustainable development”. However, this does not change the status of the development plan as the starting point for decision making. Planning law requires that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The Framework is a material consideration in planning decisions.

17. At paragraphs 186 and 187 of the Framework, it advises that Local

Planning Authorities should approach decision taking in a positive way to foster the delivery of sustainable development and they should look for solutions rather than problems and decision-takers at every level should seek to approve applications for sustainable development where possible. Negotiations have taken place with the applicant throughout the application process in order to resolve matters that have arisen during the consultation and assessment phases through the submission of amendments to the scheme and discussions have been positive.

National Planning Practice Guidance 18. This guidance was published in March 2014 in support of the NPPF policy. Luton Local Plan 2001-2011 19. The site is not allocated in the Local Plan. The policies that are relevant to

the proposal in so far as the Local Plan is concerned are as follows, Policy LP1, ENV9, ENV10, H2, H5, T2, T3, T8, U3 and IMP1.

20. Policy LP1 sets out a sustainable development strategy. 21. Policy ENV9, amongst other things, expects proposals to respect the

character and appearance of an area, existing landforms and natural features, and the scale and proportion of existing buildings within the street scene.

22. Policy ENV10 requires adequate provision for landscaping in all proposals

for new development. 23. Policy H2 supports the grant of planning permission on sites not allocated

for housing provided that, amongst other things, it is previously developed land and there would be no unacceptable effect on the environment.

24. Policy H5 seeks, as an indicative target, up to 50% of new units in

developments of 15 dwelling units or more should be provided as affordable housing, subject to the circumstances of the site and any special development costs.

25. Policy T2 relates to the location of new development and states that

proposals with potential to have significant transport implications will not be permitted unless the site is adequately served by public transport.

26. Policy T3 is concerned with the traffic implications of development.

Permission will only be granted if the proposal would not exacerbate road congestion; cause safety problems; or be likely to cause demonstrable harm to the quality of the environment.

27. Policy T8 seeks to promote walking and cycling within new developments. 28. Policy U3 states that all proposals for new buildings totalling 1,000 sq.

metres floor space or more will be required to incorporate renewable power generation equipment to provide at least 10% of the predicted energy requirements of those buildings, unless it can be demonstrated that there are overwhelming practicable reasons why this is not appropriate.

29. Policy IMP1 seeks the provision of financial contributions made necessary

by the development. It is unlawful for a planning obligation to be taken into account when determining a planning application for a development that is capable of being charged Community Infrastructure Levy (CIL) if the obligation does not meet all of the following tests:

• Necessary to make the development acceptable in planning terms; • Directly related to the development; and • Fairly and reasonably related in scale and kind to the development.

30. In the context of this application, the development is in a category to which

Regulation 122 applies. The requirement for financial contributions towards infrastructure improvements are matters which, if the development proposals are supported, would need to be secured by planning obligation. This is a proportionate obligation that is considered to comply with Regulation 122 and for which there is a clear policy basis either in the form of development plan policy or supplementary planning guidance.

Emerging Luton Local Plan 2011-2031 31. The emerging Local Plan is currently going through the Examination in

Public process, it is anticipated that the Plan will be adopted in early to mid-2017. The policies contained in the emerging Local Plan are afforded some weight in the decision-making process, albeit that the current Luton Local Plan 2001-2011 continues to form the predominant development plan for the Borough, where it is consistent with the policies of the NPPF. The weight to be given to the emerging Plan is as set out in Paragraph 216 of the NPPF. To this extent, the application will be considered against these policies because they are consistent with the NPPF, notwithstanding that the emerging Local Plan has yet to be adopted.

32. In the emerging Local Plan, the majority of the site is identified as Housing

Allocation sites The Windsor Castle, 12 Albert Road (with a potential capacity of 41 dwellings) and Crescent House, 1-5 Latimer Road (with a potential capacity of 80 dwellings). The relevant policies are Policies LP1, LP15, LP16, LP25, LP31, LP37 and LP39.

33. Policy LP1 sets out a presumption in favour of sustainable development. 34. Policy LP15 supports the grant of planning permission on sites not allocated

for housing, provided that such development would not lead to the loss of other uses for which there is a recognised local need.

35. Policy LP16 requires the provision of 20% affordable housing units or an

equivalent off site financial provision. 36. Policy LP25 requires buildings and spaces to be of high quality design, with

distinctive character. In particular, development should make provision to enhance the character of the area by responding positively to the townscape, street scene, site and building context, form, scale, height, pattern and materials, distinctiveness and natural features including biodiversity. In addition, the policy seeks to optimise higher densities and optimise and improve accessibility to walking and cycling and connections to public transport and community services and facilities.

37. Policy LP31 requires the traffic implications of development to be assessed in the context of their implications on the highway network.

38. Policy LP37 requires development proposals to consider the impact of the development on energy and sustainability.

39. Policy LP39 is concerned with the level of financial contributions provided

by developments and must be read in conjunction with the Supplementary Planning Document on Planning Obligations, which assesses what planning obligations should be sought from development.

Equality Implications 40. No disproportionate effect on people with protected characteristics has

been identified. Consultation Responses 41. LBC Highway Engineering Services: No response has been received. Any

comments made will be reported at the meeting. 42. LBC Education: Request a S106 contribution of £571,997 to be spent on 2

new classrooms at Tennyson Road Primary School (£415,483) and the acquisition of a site for a new High School at the Brache (£156,514).

43. LBC Environmental Protection – No objections subject to the imposition of

appropriate conditions in relation to noise, contamination mitigation measures, fume extraction details (in relation to the A3/A5 uses proposed), external lighting and a construction management plan.

44. LBC Environmental Protection - Air Quality: No objections subject to the

provision of Electric Vehicle Charging Points, which shall be provided on the basis of 1 charging point where parking spaces are dedicated to specific residential properties, where unallocated charging points to be provided 1 for every 10 spaces. All disabled parking bays shall provide an electric parking charging point. A Car Club to be set up with at least 1 parking space and electric vehicle charging point for exclusive use of a car club either on or in the close vicinity of the site. Bicycle storage to be secure to encourage residents to use bicycles.

45. LBC Street Services: No response has been received. Any comments made

will be reported at the Meeting. 46. LBC Public Health: No response has been received. Any comments made

will be reported at the Meeting.

47. LBC Strategic Planning: The site is not allocated in the Luton Local Plan 2001-2011. The majority of the site is listed as a housing allocation within the Pre-Submission Luton Local Plan 2011-2031, with the remainder unallocated. The proposal for housing development is appropriate. The proposal also includes a ground floor restaurant/bar. The site can comfortably be described as edge of centre, being within 200m of the Town Centre Shopping Area.

48. LBC Disability Access Advisor: No response has been received. Any

comments made will be reported at the meeting. 49. LBC Library Service: No response has been received. Any comments made

will be reported at the meeting. 50. LBC Museums Service: a contribution of £15,607 is sought towards the cost

of site improvements at the Stockwood Discovery Centre to allow for potential increase use and access.

51. LBC Street Numbering: No response has been received. Any comments

made will be reported to the Meeting. 52. LBC Waste Management: Has advised that the level of S106 contribution

appropriate for the residential element of this development, having regard to the adopted Supplementary Planning Document on Planning Obligations is £8,178. This planning obligation covers part of the cost of bins to provide waste management services to residents.

53. Police Architectural Liaison Officer: No objection subject to conditions on: 1)

Acceptable gating and lighting to the amenity area and 2) The incorporation of Secured by Design requirements into the under-croft parking.

54. Environment Agency: No response has been received. Any comments

made will be reported at the Meeting. 55. Lead Local Flood Authority: The applicant is proposing draining the

development to two soakaways and in case that would not be feasible to attenuate and discharge to a surface water sewer. This approach is acceptable in principle. No objection subject to conditions.

56. Thames Water Utilities: No response has been received. Any comments

made will be reported at the Meeting. 57. Affinity Water: No objection subject to informative. 58. EDF Energy: No response has been received. Any comments made will be

reported at the Meeting.

59. National Grid Transco: No response has been received. Any comments

made will be reported at the Meeting. 60. LBC Corporate Energy Manager: No response has been received. Any

comments made will be reported at the Meeting. 61. London Luton Airport: No safeguarding objection to the proposal, subject to

an informative on craneage associated with the development. 62. Archaeology Team: No objection to this application on archaeological

grounds. 63. Statutory Publicity: The application has been notified to 176 adjoining

occupiers and site and press notices have been issued. No letters of representation have been received.

MAIN PLANNING CONSIDERATIONS 64. The application provides full details of layout, design and access. The

application has been submitted on the basis that the proposed residential development would assist in the provision of much needed residential accommodation.

65. Accordingly, the issues that fall to be considered are as follows:

• Principle of development • Access • Design • Impact on the surrounding area • Environmental issues • Planning Obligations.

The principle of development 66. The site’s planning history includes planning permission being granted,

subject to a S106 Agreement, under application reference 06/00381/FUL on the 1-5 Latimer Road part of the site for the erection of residential and office development of 80 flats and 3 office units in a single block of 7 to 9 storeys. A decision was made to grant application reference 07/00593/FUL for the erection of 222 flats comprising: Latimer Road Block – 5 to 9 storeys with basement parking, Langley Street Block – 6 to 9 storeys with basement parking, Albert Road North Block – 2 to 5 storeys with basement parking and Albert Road South Block – 2 to 4 storeys, after demolition of existing industrial unit, subject to the completion of a S106 Agreement. However, the S106 Agreement was not completed.

67. Accordingly, the principle of residential development of this type and scale

is acceptable. The need for residential development within the Borough is well established. The emerging Luton Local Plan (2011-2031) identifies a need to provide 17,800 net additional new dwellings by 2031. Accordingly, there is a need to use land efficiently if the new dwelling target is to be met. The proposed development would make a contribution to meeting this target and, as the site has previously been found to be acceptable for residential development, the principle of development is considered acceptable.

68. Similarly, given that the site formerly contained the Windsor Castle PH, the

use of part of the ground floor of the Windsor Block for a café/coffee shop use is considered acceptable in principle.

Access 69. In respect of the Latimer Road block, there will be two pedestrian entrances

on Latimer Road and one pedestrian entrance on Park Viaduct. The vehicular access to the basement parking area is located on Langley Street and situated to the east of the block. The Langley Road block will have a single pedestrian entrance on Langley Street. The vehicular access to the basement parking area is located on Langley Street and situated towards the eastern end of the block. For the Windsor block, there will be a single pedestrian entrance on Langley Street. The café/coffee shop will be situated at ground floor level on the corner of Langley Street and Albert Road with its entrance on Langley Street.

70. On-site parking will be provided in two semi-basement car parks below the

Latimer Road and Langley Road blocks. The total number of car parking spaces provided on site will be 43, which is a ratio of approximately 0.18 spaces per unit.

71. No consultation response has been received from the local Highway

Authority. It is unclear whether access arrangements and the number of car parking spaces are considered adequate for the proposed development. Any comments made will be reported at the Meeting.

Design and Appearance 72. Three blocks of residential units are proposed, ranging from part three

storeys to part ten storeys. The Latimer Road block will be L-shaped, fronting Latimer Road and Park Viaduct. It will be predominantly nine storeys in height on the corner reducing to eight storeys and then six storeys along Latimer Road and reducing to eight storeys along Park Viaduct. The Langley Street block will be approximately T-shaped, with the

wide part of the T fronting Langley Street. It will be ten storeys in height fronting Langley Street reducing to nine storeys and then six storeys where it adjoins the Flowers Industrial Estate. The Windsor Block will be L-shaped, fronting Langley Street and Albert Road. It will be predominantly eight storeys in height on the Langley Street frontage, reducing to four storeys along Albert Road.

73. The proposed development will have a modern architectural style with

projecting and recessed balconies and flat roofs. It will be constructed mainly in brickwork with contrasting cladding panels, aluminium or silver windows and balcony handrails and glass or wire mesh balcony panels. Four different buff palette bricks will be used, ranging from light (brick 1) to dark (brick 4). The Latimer Road block will use bricks 1, 3 and 4. The Langley Street block will use bricks 1, 2 and 3. The Windsor Block will use bricks 2, 3 and 4. There will be a common cladding panel, ‘Lagoon’ (light blue), that will be used on the communal areas and feature elements of all three Blocks. There will also be an individual colour used on the top floor or two of each Block as follows: ‘Amber’ (light brown) for the Latimer Road block, ‘Garnet Red’ (dark red) for the Langley Street block and ‘Northern Light’ (dark grey) for the Windsor Block.

74. There will be soft landscaped areas with low level planting on the Latimer

Road, Langley Street and Albert Road frontages, which will provide a setting for the proposed development and contribute positively to the appearance of the site. There will also be hard and soft landscaped amenity areas at the rear and sides of the proposed blocks.

75. The strong verticality of the proposed development is broken down by the

use of four different buff palette bricks and contrasting cladding panels. The proposed materials, varying storey heights, window and balcony features and articulation in the elevational treatment of the blocks is considered, on balance, to achieve a good quality design that will enhance the distinctiveness and character of the local area in accordance with Local Plan policy. In January 2015, development of a similar nine to eleven storey scale, namely 3 x mixed-use blocks comprising 130 residential flats, 359 student rooms, commercial uses at ground floor and associated undercroft car parking, was approved at land opposite Whitbread House, Flowers Way, under application 14/00713/FUL. This site is located approximately 100m to the north-west of the current application site. The approval was subject to the satisfactory completion of a S106 Agreement to secure contributions towards education and waste management infrastructure improvements and a number of planning conditions. This approval, subject to the satisfactory completion of a S106 Agreement, is considered to support the scale of development proposed in the current application.

Impact on the Surrounding Area 76. The site is surrounded mainly by commercial development, in consequence

the proposal would have little impact on the surrounding development. More specifically, housing is to be found opposite the application site in Albert Road, Rochdale Court. This development is two storey in character. Diagonally opposite the north east corner of the site, is a further housing development, also two storey in character, Robert Allen Court. The scale of the development on this frontage, the Albert Road frontage is reduced in height to 4 storeys to ensure that there is a visual transition between the two storey development and the more substantive development comprising the 9 storey element. By keeping the development down to four storeys on the road frontage and by setting the upper floors further back, and also by introducing an area of open space between the buildings, together with the separation between the application site and the existing residential development will ensure that the proposal would not have a significant impact on the amenities of the adjoining development in particular and the surrounding area in general.

Environmental Issues Noise 77. The consultation response from LBC Environmental Protection advises that

the applicant should be required to demonstrate that noise emitted by all building services plant operating together will not exceed -10dBA below the existing lowest LA90 background noise level. Where the noise source has a tonal spectrum, the noise emitted level should be -15dBA.

78. The Environmental Protection service response also refers to the submitted

Noise Assessment acknowledging that to achieve ambient noise levels within the proposed development when it is occupied, windows will need to be kept closed. Therefore, the applicant will need to install mechanical ventilation having regard to the self-noise of any proposed system. On this basis, the applicant should be required to demonstrate that any proposed system will be able to achieve 4 air changes per hour when required (equivalent to an open window – BS8233:2014), to assist the thermal comfort of occupants in warm weather.

Air-Quality 79. The consultation response from LBC Environmental Protection (Air Quality)

Indicates that as the development is considered to be in the Major Category for Air Quality due to the number of residential properties proposed and the close proximity to an Air Quality Management Area consideration should be given to;- electric vehicle charging points being provided in the car park, secure bicycle storage and the set up of a Car Club, for future residents,

along with travel planning advice, including the provision of at least 1 parking space and electric vehicle charging point for the exclusive use of the Car Club.

Planning Obligations Infrastructure improvements Impact on Education 80. The consultation response from LBC Children and Learning indicates that a

S106 contribution of £571,997 will be required. The contribution will be used to provide 2 new classrooms at Tennyson Road Primary School (£415,483) and for the acquisition of a site for a new High School at the Brache (£156,514). The consultation response explains that the development is in an area of Luton that is experiencing an increasing shortage of school places. As the birth rate continues to rise, this is expected to become worse. The local schools are oversubscribed and hold waiting lists for each year group. The proposed development will yield 31.68 primary aged children (a whole class size) and 7.92 secondary aged pupils which will add to the increasing shortage of school places.

81. Paragraph 72 of the National Planning Policy Framework confirms that the

Government attaches great importance to ensuring that a sufficient choice of school places is available to meet the needs of existing and new communities and in order to meet that requirement, great weight is to be given to the need to create, expand or alter schools. Accordingly education would have to benefit from full contributions in order to meet the increased demand that would be a direct consequence of the development proposed.

82. Details provided by the Applicant in the viability assessment, which was

latterly submitted, indicates that the Applicant proposes to provide the requested contribution of £571,997 towards Education Facilities as requested.

Impact on Waste Management 83. A contribution of £8,178 has been sought from LBC Waste Management

Street Services for waste management improvements associated with the development. The Applicant has indicated that this contribution will be provided.

Museums 84. The Director of Arts and Museums has latterly requested a S106

contribution to support site improvements to enable to services offered to

accommodate the increase in local traffic and people to the site. Estimates of increase use suggest a minimum of 238 new residencies with estimated increased population of 337, on this basis a contribution of £15,607 towards cost of site improvements to allow for potential increase use and access is sought. The viability assessment provides figures that suggest it is unviable for the developer to accommodate affordable homes whilst being able to achieve a ‘competitive return’ but is able to deliver around £580,000 towards community infrastructure. Although this marginally reduces the profit below 20% the applicant is willing to accept this reduced profitability in order to deliver the development. This assessment has been the subject of an independent appraisal, the results of which will be reported to Members. Depending on the results of this assessment Members may wish to prioritise the contributions to be sought.

Affordable Housing need 85. As stated in paragraph 24 above, Policy H5 is the relevant policy in respect

of the extent of affordable housing provision, the original indicative affordable housing target of up to 50%, was amended, following an assessment by Three Dragons in April 2013 the level of provision was reduced to be around 15-20%. The acute need for affordable housing within the borough is an inescapable fact.

86. The application proposals do not include any provision for affordable

housing. The Applicant seeks to justify this on the basis of the submission of a viability assessment. The said assessment concludes that in order to achieve a 20% margin; one suggested as entirely reasonable for a project of this nature, the project would make a loss of £44,042. If this loss were to be paid for by the developer out of the gross profit; as would normally be the case, this has the effect of reducing the net profit to around 19.85%. This 19.85% assumes that there is zero contribution to affordable housing either by on site provision, or by a commuted sum in lieu of onsite provision, payment, since it is suggested that the scheme would be financially unviable.

87. In further support of the application, the Applicant has advised that the site

has been acquired to deliver a high density town centre scheme that meets the demand for small properties at a low price level; attractive to both owner/occupiers and the rented sector. It is suggested that this will provide accommodation to those on housing benefit and so indirectly provides affordable homes by price. The Council, do not, of course, have any control over such occupation.

88. The SPD on Planning Obligations advises that where an application

includes evidence on viability, and if the Council are to accept such evidence, that such evidence should be the subject of an assessment by an

independent body. At the time of writing this report the conclusions of this independent assessment are awaited, these findings will be reported to Members at the meeting.

CONCLUSIONS 89. The acceptability of residential development of this type and scale at the

site has been agreed in principle by the applications approved in 2006 and approved, subject to the completion of a S106 Agreement, in 2007. The Emerging Luton Local Plan 2011-2031 identifies that there is a need to provide 17,800 net additional new dwellings by 2031. The proposed development would make a contribution to meeting this target.

90. Full contributions in terms of education provision and waste management

will be required, to address the comments of LBC Education and LBC Waste Management.

91. Conditions are proposed to ensure that the proposed development provides a satisfactory residential environment with regard to possible plant and ventilation noise and does not have an unacceptable impact on air quality.

92. In light of the foregoing report, and subject to the completion of a S106

Agreement, in relation to contributions, and a consideration of the matter of affordable housing, the development is considered to be acceptable and will assist in contributing to Luton’s housing needs by using the land in an efficient and acceptable manner.

93. Members are reminded that the recommendation to grant planning

permission, is contingent on the scrutiny of the viability assessment, by the Council’s appointed assessor, and agreement by the assessor that the development proposals are unviable if there is affordable housing provision comprised within the development. In the event that there is disagreement with the Applicant’s assessment, and that such provision can be made, and in the absence of an offer of affordable housing provision then Members will be recommended to refuse planning permission.

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D 94. Luton Local Plan 2001–2011 95. National Planning Policy Framework (NPPF) 96. National Planning Practice Guidance (NPPG) 97. Strategic Housing Market Appraisal (SHMA)

98. Strategic Housing Market Appraisal (SHMA) Update 2012 99. Strategic Housing Land Availability Assessment (SHLAA) 100. Affordable Housing Viability Study by Three Dragons (April 2013) 101. Supplementary Planning Document: Planning Obligations. 102. Supplementary Planning Guidance: Designing for Sustainability – A Guide for Good Practice. 103. Planning application 06/00381/FUL (approved) 104. Planning applications 07/00593/FUL and 07/01110/FUL (recommended for approval, subject to S106 Agreements that were not completed) DETERMINATION OF PLANNING APPLICATIONS 105. The Council is required in all cases where the Development Plan is

relevant, to determine planning applications in accordance with policies in the Development Plan unless material considerations indicate otherwise.

HUMAN RIGHTS ACT 1998 106. The determination of the applications which are the subject of these reports

is considered to involve the following human rights:- 107. Article 8: Right to respect for private and family life; and Article 1 of the First

Protocol: Protection of Property. 108. The evaluation section of each report considers in detail the competing

rights and interests involved in the application. Having had regard to those matters in the light of the Convention rights referred to above, it is considered that the recommendations in the reports are in accordance with the law, proportionate and balances the needs of the Applicant with the protection of the rights and freedoms of others in the public interest.

SECTION 17 CRIME AND DISORDER ACT 1998 109. In reaching the recommendations set out in each report, due regard has

been given to the duty imposed upon the Council under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in its area.

EQUALITY ACT 2010 110. In dealing with planning applications on this agenda and in reaching the

recommendations set out in each report, proper consideration has been given to the duty imposed on the Council under the Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by that Act; to advance equality of opportunity and to foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics under the Act are a person’s age, sex, gender assignment, sexual orientation, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief.