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Document Index Section 1 Site location map Section 2 Application Summary Section 3 Officer report Stakeholders Planning Case Officer Ms Astra Spyrou Applicant Thames Water Utilities Ltd Agent Thames Water Property

Clearwater Court Vastern Road Reading Berks RG1 8DB

Application Reference 08/01938/FUL Document Information Version 1.1 Date Report approved Author Ms Astra Spyrou Tel 020 7926 1264 Email aspyrou@lambeth.gov.uk Lambeth Planning Telephone 020 7926 1180 Phoenix House Facsimile 020 7926 1171 10 Wandsworth Road, www.lambeth.gov.uk/planning London lambethplanning@lambeth.gov.uk SW8 2LL

For Planning Committee

Section 1 – Site Location Map

Section 2 – Application Summary

Location Part Of Rush Common, Brixton Hill London

Ward Brixton Hill

Proposal Application Erection of control kiosk, ventilation column, retractable bollards, provision of 'Ecoblock' porous paving system, installation of two temporary vehicular accesses and one temporary pedestrian access from Brixton Hill, temporary widening of existing vehicular access from Brixton Hill, temporary footpath diversions involving new temporary hard surfacing, removal of 3 trees and pruning works to others and associated works required in relation to the Coldharbour Lane flood alleviation scheme.

Applicant

Thames Water Utilities Ltd

Agent

Thames Water Property Clearwater Court Vastern Road Reading Berks RG1 8DB

Date valid

22 May 2008

Case Officer

Ms Astra Spyrou

Application Reference

08/01938/FUL

Recommendation(s) Grant Planning Permission

Constraints Conservation Area Adopted UDP Archaeological area Rush Common land

Advert Publication Date

6th June 2008

Site Notice posted on Drawing Number’s

6th June 2008 OS Extract, 0TVF-A2-00209 REVB, 0TVF-A2-00211 REVB, 0TVF-A2-00217 REVB, 0TVF-A2-00210 REVA, 0TVF-A2-00213 REV A, 0TVF-A2-02000 REV B, 0TVF-A1-02010 REV E, 0TVF-A1-02010 REV E, ArborEcology Arboriculteral and Ecological Research Consultancy: Arboriculteral Method Statement for the proposed utilities works at Rush Common, Brixton, May 2008.

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Addendum Report: This planning application was originally presented to the Planning Applications Committee Meeting on 7th October 2008. Members resolved they were not convinced that a suitable area could not be found and suggested that options should be explored to reduce the footprint further and report the findings back to committee. The applicant was therefore asked to look at this particular matter. The applicant has stated that the location of the excavations cannot be moved. However, they have agreed to reduce the area of land usage within the area of concern and have provided amended plans to show this. Amended plans were received on 20 October 2008. The amendments include:

� The reduction of Ecoblock by 25 square metres to 147 metres in total from 172 square metres. This would involve a 15% reduction.

� This reduction has been achieved by removing the southwest corner of the Ecoblock area as previously submitted.

� This reduced area can accommodate the turning area required for a small van and crane required for maintenance visits.

� The applicant outlines that when a truck or jetting tanker is required for a maintenance visit the reduced Ecoblock area will be too small to safely accommodate the vehicles and working area.

� As such a temporary trackway will be brought onto the site and laid adjacent to the Ecoblock.

� The trackway will consist of Trakpanels comprising of extruded aluminium planks and can incorporate loads of up to 1000 tonnes. Trakpanels would be used on site when required and fitted adjacent to the Ecoblock sufficient to cover 28 square metres.

� Whilst undertaking the amendments to reduce the size of the Ecoblock, by removing the south-west corner, a slight amendment has also been made to its location. The northern edge of the Ecoblock area now runs parallel to the footpath.

� In doing this the length of the Ecoblock has been reduced slightly above the shaft, encroaching into the common to a slightly lesser extent.

The amendments clearly involve a reduction of the scheme in relation to the initial submission as advertised and no new material considerations from amendments have arisen.

Whilst Thames Water considers that the trackway will have no long term impact on the ground underneath, an additional requirement will be included in the S106 legal agreement to cover this point. If the track has any impact on the surface underneath a requirement for the reinstatement works will be secured.

The reduction in Ecoblock of 15% from 172 sqm to 147 sqm is considered acceptable. Whilst the use of such a material is not entirely desirable in such an open space, on balance, given that it would allow grass growth, its acceptable size with the respect to the size of the overall common and that it provides a important function in the operation of the pump station, its visual impact is considered acceptable.

RECOMMENDATION

Grant Planning permission subject to the conditions and a Section 106 Agreement contained in Agenda item 5 of the PAC report on 7th October 2008.

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1.0 Summary of main issues: 1.1. Land use: The protection of open space. 1.2. Design impacts on the character and appearance of the surrounding Conservation

Area; 1.3. Amenity impacts of the scheme upon surrounding residential amenities in terms of

visual intrusion, noise and disturbance and loss of light; 1.4. Highways and transportation: Whether the installation and operation of the scheme

would have a detrimental impact on the safety and efficiency of the highway; 1.5. Tree and ecology impacts; 1.6. Implications for Archaeology 2.0 Site Description 2.1.1 The application site comprises Rush Common and a small area of land to the east of

the common near to Camsey House. The site is bounded by Brixton Hill to the west and the housing blocks of the St Matthews Estate to the east. Numerous pedestrian paths cross the site enabling access from Brixton Hill into the St Matthews Estate.

2.1.2 The element of the proposal sited on Rush Common comprises a level grassed area

containing numerous species of established trees. The smaller section of the proposal site adjacent to the common comprises a small area of hard standing located near the entrance of Camsey House and associated parking for the flats.

2.1.3 Rush Common is classified as a Park and Site of Local Nature Conservation

Importance (SLI) under the Unitary Development Plan Proposals Map and is also located within the Brixton Hill – Rush Common Conservation Area. Additionally Rush Common is also within an Archaeological Priority Area.

2.1.4 Brixton Hill is also within the Transport for London Road Network. 3.0 Planning History 3.1.1 There is no relevant planning history regarding the site. At present a planning

application has been submitted regarding supplementary works at Railton Road Playground (ref: 08/01946/FUL) in connection with the Coldharbour Lane Flood Alleviation Scheme. This scheme seeks planning permission for the provision of one permanent and one temporary vehicular access to Railton Road and is pending determination.

3.1.2 In addition Rush Common Consent has been submitted for the installation of street

lighting, however this is yet to be determined (07/04695/RUS). This particular proposal relates to the area of Rush Common at the top of Brixton Hill and is not connected to the flood alleviation work.

4.0 Proposal 4.1.1 Thames Water are proposing works to the existing foul water system in order to

alleviate foul water flooding to the Brixton Area. The applicant, Thames Water state

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that there is currently an under capacity in the existing combined system resulting in the flooding of over 500 properties. Further, the Coldharbour Lane Flood Alleviation Scheme can be divided into six main flooding areas where the works will be taking place and that the majority of these works have been undertaken or are currently being undertaken. Phase 2 of the project works is the Railton Road solution, which proposes upsizing and duplication of the existing sewer in residential streets and a connection of this catchment to a deep underground 2.5m diameter tunnel discharging flows to a new storm overflow located in Rush Common.

4.1.2 In connection with the Flood Alleviation Scheme, planning permission is sought for the

permanent erection of a control kiosk, ventilation column, retractable bollards, provision of ‘Eco Block’ hardstanding (172 sqm) and minor ancillary works. Additionally temporary planning permission is sought for the provision of two vehicular accesses and pedestrian access from Brixton Hill, the widening of an existing vehicular access from Brixton Hill and footpath diversions involving hard surfacing. To facilitate the works it is also proposed to remove three trees and prune other trees on site.

4.1.3 The control kiosk would be sited to the north of Camsey House and would directly abut

the eastern boundary of the Common. It would stand 3.3m high to the flat roof and would be 5.4m wide and 1.4m-3.05 in depth. Materials would include dark blue engineering bricks and hardwood facing to steel security doors. Permanent hedges would be planted on eastern side to restrict access to the kiosk roof and provide screening from Rush Common.

4.1.4 The ventilation column would stand 5.5m high and would be constructed in black

painted cast iron. It would be sited near the existing entrance to the common on Brixton Hill. Three retractable bollards are proposed that would be positioned on existing access off Brixton Hill. The bollards would be 1.75m high and will be constructed in black painted cast iron.

4.1.5 In total two temporary vehicular access points and the enlargement of an existing

vehicular access are proposed involving the following: Location of temporary access Width

Southern most point of site: 9m Northern most point site: 6m Existing access enlargement to: 9m

4.1.6 All of the access points will involve the removal of sections of existing boundary walls,

however they will be re-instated following the completion of works. In addition all access points will include a 2.4m high gate for security purposes.

4.1.7 A hard, flat surface is required to access the shaft site for maintenance. This area will

be 172sqm in floor area and will comprise ‘Eco block’, which would allow vehicles to park close to the pump sump in any weather conditions. The ‘Eco block’ is a permeable surface treatment allowing grass to grow in between the spaces; the applicant stipulates that would result in over 80% grass coverage. In addition seven access covers are proposed which would allow essential access for man entry to different parts of the pumping station. The covers would be flush with the ground surface and would be painted a suitable colour to blend in with the surrounding surfaces.

4.1.8 Temporary footpath diversions and the blocking up of existing footpaths are also proposed. The applicant states this will ensure that the construction site is secure and it is recognised that retaining access to Brixton Hill is essential for the users of the common. As such, the working area and the contractors compound have been located in order to minimise land take up. The scheme comprises two sections with an

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accessible open area and temporary diversions leading from the steps at the St Matthews Estate, retaining access through to Brixton Hill.

4.1.9 The temporary footpath diversions will be constructed from MOT Type 1 material

(100mm) with 30mm base course of asphalt and a 15mm wearing course of asphalt in order to provide a suitable temporary hard surface for pedestrians. It has been confirmed that on completion of the works the existing footpath will be reinstated. In addition four existing lampposts will be removed and re-instated following completion of the works.

4.1.10 An Arborculteral Method Statement in accordance with British Standard 5837: 2005

Tree in Relation to Construction - Recommendations has been submitted addressing the requirements and procedures in relation to the trees within and adjacent to the application site. It is proposed to fell three trees (Sycamore, Hawthorn and Alder) and under take pruning works to existing trees. These works would facilitate the construction and excavation of the proposal.

4.1.11 In addition to the proposed development, both permanent and temporary, a number of

other works will also be undertaken that do not require express planning consent and constitute permitted development. These being:

4.1.12 The Tunnel and Upgrade Pipeworks:

The works involved in order to upsize the existing network sewers and the installation of the storm storage tunnel and shafts are all below ground level and therefore would constitute Permitted Development under the Town and Country Planning (General Permitted Development) Order 1995, under Schedule 2, Part 16, Class A (a) which states;

“Permitted Development: A. Development by or on behalf of a sewerage undertaking consisting of - Development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe, sludge main or associated apparatus”

4.1.13 Temporary works compound above ground:

In order to undertake the works a temporary contractors compound and works area is required to accommodate welfare, office facilities, some storage of materials and a temporary boundary enclosure. Such temporary works constitute Permitted Development, under the GPDO 1995, under Schedule 2, Part 4, Class A which states;

“Permitted Development: A. The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.”

4.1.14 In addition the application site is located within the Rush Common and in addition to

ordinary planning controls over development, this land is also subject to the Rush Common Act. The purpose of Section 17 of this Act is to maintain the open character of by preventing building on the site. However Thames Water has legal exemption from the need to apply for Rush Common consent.

5.0 Consultations and Responses 5.1 The application has also been advertised by way of four site notices, which were

posted in the vicinity of the site on 6th June 2008. A press notice was published in the local press on 6th June 2008.

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5.1.1 Occupiers of the following properties in the neighbouring vicinity were consulted by letter (267 in total):

• All flats in Baltic House, Manor Court, Camsey House located on St Matthews Road;

• All flats in Gale House and Garland House located on Hicken Road;

• All flats in Effra Court and Arlington Lodge located in Brixton Hill;

• All flats at 4, 6, 8 St Matthews Road; 1 - 10 , 117-131 Sudbourne Road, 1-7 Baytree Road, 4-8 Hayter Road; 18 Brixton Hill, 1-8 Hicken Road.

5.1.2 The Brixton Society and Friends of Rush Common were also notified of the application

but have not responded. The observations of the Council’s internal and Statutory Consultees are reported within the relevant sections of the report.

5.1.3 Cllr Toren Smith has requested that the proposal should be heard at the Planning

Application Committee. 5.1.4 Cllr Rachel Heywood has stated that the works are welcomed at present in so far as

they are intended to provide relief for residents and business in her ward (Coldhardbour) from flooding and from the terrible damage that this can cause. It is also appreciated that Thames Water seem to have made significant efforts to mitigate against adverse effects upon the open spaces within which these works will take place and installations existing. The package of measures for local communities is welcomed.

5.1.5 The responses of the Council’s internal department’s are reported in the preceding sections of the report.

No. Letters sent No. of Objections

No. in support No. of comments

267 1 2 0

Material planning objections Response

Removal of trees. The common has lost a number of large trees in recent years; any further loss will destroy this living part of busy London.

The Council’s Parks Department and Arboricultural Officer advises that there is no in principal objection to the proposed development subject to suitable tree protection for retained trees and suitable a tree replacement scheme. The tree survey schedule contained in the submitted arboricultural report is considered a fair appraisal of the value and quality of the existing tree cover within the site. The Council’s Arboricultural Officer is in agreement with the summary of the report which states that the three trees which will be felled are generally mediocre specimens (T8, T7 and T36), that they provide no special value to the visual amenity of the surrounding area, and therefore should not be considered a material constraint on

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the development of the site. It is considered that these trees could be suitably replaced which will be secured by condition. The pruning of trees to facilitate the construction of the development is also considered acceptable and would not unduly effect the health of these retained trees subject to suitable tree protection conditions.

6.0 Planning Policy Considerations 6.1.1 National Policy

The following national policy guidance is considered relevant to the determination of the application:

PPS1- (Delivering Sustainable Development) sets out the Government's overarching planning policies on the delivery of sustainable development through the planning system. It promotes good design that ensures attractive, usable, durable and adaptable places. PPG 6 – (Archaeology and Planning) advises that archaeological remains are a finite and irreplaceable resource and that their presence should be a material planning considertaion in applications for new development PPG 9 – Biodiversity and Geological Conservation main objective is to promote sustainable development by ensuring that biological and geological diversity are conserved and enhanced. PPG 15 - (Planning and the Historic Environment) provides guidance for development that affects conservation areas. PPG 13 - (Transport) objectives are to integrate planning and transport at the national, regional, strategic and local level and to promote more sustainable transport choices both for carrying people and for moving freight. PPG 17 – (Open Space, Sport and Outdoor Recreation) seeks to protect existing recreation space and considers that the recreational quality of open spaces can be eroded by insensitive development or incremental loss of the site.

Circular 17/91 - Water Industry Investment: Planning Considerations (DoE 17/91 and WO 62/91 (7 Nov 1991)) This circular gives guidance to local authorities on the planning implications of a water industry investment programme.

6.1.2 The London Plan (as amended 2008) 6.1.3 The London Plan was consolidated in February 2008 and now includes alterations that

have been made since it was adopted in February 2004. The London Plan is the Mayor's development strategy for Greater London and provides strategic planning guidance for development and use of land and buildings within the London region.

6.1.4 It seeks to accommodate significant growth in ways that respect and improve London's

diverse heritage while delivering a sustainable world city and, proposes to achieve this through sensitive intensification of development in locations well served by public

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transport. All Borough plan policies are required to be in general conformity with the London Plan policies.

6.1.5 The key polices of the plan considered relevant in this case are:

Policy 4A.18 (Water and Sewerage infrastructure) Policy 4B.2 (Promoting world-class architecture and design) Policy 4B.3 (Enhancing the quality of the public realm)

6.1.6 Relevant Adopted Unitary Development Plan Policies

The following policies are considered relevant to this application: Policy 1: The Vision for Lambeth Policy 7: Protection of Residential Amenity Policy 9: Transport Impact Policy 31: Streets, Character and Layout Policy 32: Community Safety/designing out crime Policy 33: Building Scale and Design Policy 38: Design in Existing Residential/Mixed Use Areas. Policy 47: Conservation Areas Policy 49: Archaeology: Recording and Analysis of Buildings Policy 50: Open Space Policy 52: Protection and Enhancement of the Natural Environment Policy 53: Infrastructure and Utilities Policy 54: Pollution, public health and safety.

7.0 Planning considerations 7.1.1 Land Use; Need and impacts upon the open space:

Planning permission is sought for development to support the Coldharbour Flood Alleviation Scheme which is undertaken by the statutory undertakers Thames Water. The Coldharbour Lane Project has been established to reduce the risk of basement flooding for over 500 properties within the Brixton Area. Thames Water state that basement flooding is a longstanding problem within the area, which occurs due to a lack of capacity in the local sewer network serving the flooding area, and a limited available capacity in the trunk sewers. Thames Water has an undertaking OFWAT (the water and sewage regulator) to alleviate sewer flooding in a number of locations in its catchments area.

7.1.2 Central Government Guidance contained in Circular No. 17/91 Water Industry

Investment provides guidance to local planning authorities about investment programmes being undertaken by the water industry to meet national and European legal requirements. Paragraph 14, which may be applied to the determination of this proposal considers that:

“ Delays in obtaining planning consent for minor works can be as disruptive as those relating to major elements of a scheme. Expedited handling should be given to all proposed works, irrespective of size, which are aimed at meeting water companies obligations”

7.1.3 The London Plan 4A.18 stipulates that the Mayor expects developers and local

planning authorities to work together with water supply and sewerage companies to enable the inspection, repair or replacement of water supply and sewage infrastructure. Additionally Policy 53 of the Councils UDP considers that a number of existing services provided by the utilities (particularly sewage systems) are becoming overloaded. The policy requires the provision of infrastructure, including sewerage systems, to meet the capacity of new and existing development.

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7.1.4 It is considered that the need for the sewerage infrastructure works is of significance

and therefore is a notable material planning consideration. 7.1.5 Policy 50 Open Space and Sports Facilities states that the Council will protect Open

Space in the Borough (as identified on the Proposals Map) from inappropriate built development which would result in the loss of or damage to open space. In particular, with respect to Rush Common Protected Land, where these are subject to planning control, buildings, paving, extensions and enclosures will not be permitted. Additionally, there will be a presumption against the use of the commons other than for recreation and for short term and strictly regulated events and that commercial, industrial and transportation purposes will not be permitted unless directly required to maintain or enhance activities associated with the open space.

7.1.6 The permanent structures, which would be sited on the common itself, include a 5.5m

high cast iron ventilation column, three removable bollards and an area of ‘Eco block’ surfacing, (to include an area of 172 sqm). Additionally the enlargement of the vehicle existing access and provision of two further accesses would be temporary during the course of the works. This development would be ancillary to the function of the pumping station and tunnel, which would be sited entirely below ground and would enable successful operations.

7.1.7 Given the generally modest nature of the permanent structures, the acceptable area of

the ‘eco block’ surface, notably that it would be primarily covered in grass and the temporary nature of the access points, it is not considered that the proposal would result in any discernable loss of the open space. The pumping station would be located entirely below ground therefore would not be visible. Following completion of the temporary works, this area of the common will be re-instated to its original open appearance. It is therefore considered that the erection of the permanent minor structures and alterations to the surface material would not unduly impact upon the openness and usability of the open space and would not prejudice the aims of policy 50.

7.1.8 The Council’s Housing and Regeneration department have raised no objection to the

proposed kiosk. 7.1.9 The list of alternative sites considered includes those where for practical reasons the

sites would not be suitable. 7.1.10 Options 1.1 – 1.3: Three feasible options were developed involving the installation of a

storage tunnel from Dexter Adventure Playground (adjacent to Railton Road) to ‘High Level 1’ sewer located 1.2km north of the Railton Road area. Thames Water state during assessment, it became apparent that any solution designed to discharge to the High Level 1 sewer would impose a significant impact on the Brixton area. Principally due restricted working areas; severe disturbance to traffic movements; severe impacts on residents resulting from traffic disturbance, significant engineering and construction risk due to tunnelling operations directly beneath railways, multiple residential properties and high commercial risk and capital expenditure options which may not meet business plan targets agreed with water regulator.

7.1.11 Options 2.1 – 2.2 (with 4 sub options): Two feasible options were developed involving

the installation of a storage tunnel from Dexter Adventure Playground to the Effra Storm Relief Sewer located 500m to the south west of Railton Road. Thames Water state the environment to the south west of Railton Road is densely urbanised, therefore restricting the shaft/pumping station location of feasible options to open park/common areas.

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7.1.12 It is considered that the evidence provided establishes that the proposed site is the optimum location that can be found to enable Thames Water to undertake the sewage infrastructure works.

7.2.0 Design: 7.2.1 The site is situated in the Brixton Hill and Rush Common Conservation Area (CA49).

Policy 47 of the UDP seeks to promote high quality design that makes appropriate reference to the character and appearance of conservation areas and contributes positively to its surroundings. Additionally Policy 38 Streetscape, Landscape and Public Realm Design consider that development should provide or enhance uncluttered, consistent, simple, accessible and co-ordinated public realm, with robust and appropriate materials and landscape design. The design of public spaces and the style and siting of street furniture should relate well to the surrounding urban context and character.

7.2.2 Given the acceptable dimensions of the ventilation column at 5.5m high, its slim-line

appearance and suitable use of traditional cast iron painted black, the impact is considered acceptable. The column is very similar in appearance to surrounding street light columns and it would not appear higher than the taller retained trees in the vicinity. The installation of three retractable bollards would restrict traffic movements. Through the use of traditional cast iron which would be painted black, the limited size of the bollard and restricted numbers, they are considered to appear visually acceptable. If in the event of an approval further detailed drawings will be requested. Overall the proposal would not be out of scale and rhythm with the surrounding street furniture and trees and would not portray discernable clutter with respect to the open character of the common and the conservation area.

7.2.3 The proposed ‘Eco block’ is a permeable surface treatment allowing grass to grow in

between the spaces, the applicant stipulates that would result in over 80% grass coverage. This surface would permanently cover 172 sqm and is required to access the shaft site for maintenance and would allow vehicles to park close to the pump sump in any weather conditions. Whilst the use of such a material is not entirely desirable in such an open space, on balance, given that it would allow grass growth, its acceptable size with the respect to the size of the overall common and that it provides a important function in the operation of the pump station, its visual impact is considered acceptable.

7.2.4 With respect to the erection of the kiosk, this would be sited on a section of hard-

standing adjacent to the imposing flats of Camsey House. It would stand approx 3.3m high to the flat roof with a modest footprint of 2.7m (w) and 2.6 (d) when measured at its largest point. This particular area of the site is not within the conservation area, however it is directly adjacent. Given the change in ground levels it would stand approximately 1.85m high, beyond existing railings when viewed in the context of the common. The design and scale of the kiosk is considered suitably subservient given its modest dimensions and the use of appropriate brick and timber doors would be appropriately muted. Given this it would not unduly overwhelm surrounding development and its impact on the open nature of the common would be appropriately mitigated.

7.2.5 The temporary provision of access points and modifications to existing footpaths would

involve the removal of existing boundary enclosures. However given the temporary nature of the works and that the boundary would re-instated after completion this is considered acceptable. The Local Planning Authority has prepared a Section 106 Agreement with Thames Water, which will secure the reinstatement of the common following completion of the works.

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7.2.6 In summary it is considered that the proposal would represent an appropriate quality of design and would not harm the open nature of the common or the character or appearance of the conservation area.

8.0 Neighbour Amenity: 8.1.1 The proposal has been assessed against Policies 7, 33 and 54 of the UDP, which seek

to protect the amenity of neighbouring residents from un-neighbourly development. The design of the modest kiosk and its relationship with surrounding residential occupiers is considered acceptable. The kiosk is considered not to appear unduly dominant or overbearing and would not result in an unacceptable loss of light to nearby residential occupiers.

8.1.2 Thames Water have stated that the proposed equipment would be virtually silent. This

is due to the pumps being located below ground level at the bottom of the pumping station shaft and that they are submersible (i.e below the water). The pumps are only in use when required to pump water from the shaft back into the main system and they are not in constant use. To safeguard noise and disturbance impacts a condition will be imposed to ensure that the operation of the development does not exceed background noise levels. The applicants also state that the scheme would not cause any adverse impacts on air quality. It is affirmed that whilst the proposal deals with 'dirty water' it is surface water run off and not foul sewage in the true sense. Therefore there is no more potential for smells over and above the normal surface water sewer gullies which run along and under roads. Maintenance programmes will also monitor the situation to ensure there is no adverse impact.

8.1.3 Overall, given the relatively modest height and massing of the kiosk and nature of the

underground infrastructure works, it is considered that the scheme will not be an un-neighbourly development and would not prejudice UDP policy.

9.0 Trees: 9.1.1 The Council’s Park Department and Arboricultural Officer advises that there is no in

principal objection to the proposed development subject to suitable tree protection for retained trees and suitable a tree replacement scheme.

9.1.2 It is proposed to fell three trees (Sycamore, Hawthorn and Alder) and undertake

pruning works to existing trees. These works would facilitate the construction and excavation of the proposal. The tree survey schedule contained in the submitted arboricultural report is considered a fair appraisal of the value and quality of the existing tree cover within the site. The Council’s Arboricultural Officer is in agreement with the summary of the report which states that the three trees which will be felled are generally mediocre specimens (T8, T7 and T36), that they provide no special value to the visual amenity of the surrounding area, and therefore should not be considered a material constraint on the development of the site. It is considered that these trees could be suitably replaced which will be secured by condition. In addition no objection is raised to the pruning of the retained trees which would be accordance with British Standard 5837: 2005 Tree in Relation to Construction – Recommendations.

9.1.3 If the event of approval, tree replacement and protection conditions will be imposed

regarding the retained trees as identified on the Tree Survey. In addition a condition will secure provision of a soft landscaping scheme.

10.0 Ecology: 10.1.1 The site is classified as a Park and Site of Local Nature Conservation Importance (SLI)

which has considerable local and borough value for people’s access to nature. The Councils Project Officer for Parks and Open Spaces considers that the scheme could have potential implications on wildlife and habitats. The main issues would be the tree works that could impact bird-nesting habitats. It is considered unlikely that bats would

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use trees or other features on the actual application site, however it cannot be discounted that bats may present in other parts of Brixton Hill or use trees and buildings nearby the application site. Therefore an ecological watching brief and survey is recommended before any habitat clearance/engineering works begin. This will include surveys of bats and breeding birds and where necessary full details of measures necessary for the protection of habitats or species should be included. This will be secured via condition.

11.0 Archaeology: 11.1 The site is located within an archaeological priority area. English Heritage

Archaeology considers that the development of this site is likely to damage archaeological remains. Therefore the applicant will be required to submit detailed proposals in the form of an archaeological project design. The design should be in accordance with appropriate English Heritage guidelines. It is recommended that an enhanced programme of archaeological Observation and Recording would be appropriate in this instance. This option represents the lowest form of archaeological response that is normally considered. It is recommended that the area of ground disturbance be stripped under archaeological supervision so that any surviving archaeological evidence can be investigated, identified and recorded, prior to construction. A suitable specification will need to be submitted by the developer appointed archaeological practice and for it to be approved before any on site works can take place. The requirements of English Heritage will be secured via condition prior to the commencement of development.

12.0 Traffic and Parking 12.1.1 Policy 9 of the UDP requires that development to be assessed for contribution to traffic

generation, impact on road congestion and public transport availability. 12.1.2 Transport for London is the highway authority for Brixton Hill (A23) and it is classified

as a Priority (Red) Route and is included in the Transport for London Road Network (TLRN).

12.1.3 Transport for London does not consider that the proposal would result in an

unacceptable impact on road network provided that a Construction Logistic Plan (CLP) be submitted and approved prior to any development commencing. This is will be secured via the imposition of a condition. In addition under the Highways Act 1980, Thames Water would be required to enter into a Section 278 Agreement with TFL for works on Brixton Hill. This will be advised by way of an informative.

12.1.4 Overall, it has been demonstrated that the transport infrastructure can accommodate

the proposal, or be adopted to do so, without creating parking congestion and hazards on the road network.

13.0 Section 106 Considerations 13.1.1 The application proposes a section 106 agreement to secure the following:

The work is scheduled to take 52 weeks. Within 55 weeks of the work commencing or within 21 days of the completion of the works, whichever is the sooner the application site shall be re-instated to include:-

• The laying of all original paths in materials to match existing.

• Rationalisation post earth works of any damaged grass and vegetation.

• All planting, seeding or turfing shall be carried out in the first planting and seeding season following the completion of the development hereby permitted.

• Any trees, hedgerows, shrubs or grass forming part of the application site which within a period of 5 years from the substantial completion of the development die, are

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removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

• All levels to be re-instated as original.

• The re-building of the removed boundary wall to match existing.

• Re-instatement of railings.

• Re-instatement of all removed lampposts.

• Re-placement of three trees that will be felled. Removal of all debris, equipment and vehicles.

13.1.2 A fee is also charged to applicants for monitoring s106 agreements; a fixed fee of £250

for a s106 with a total financial contribution of below £12,500; a fee of 2.5% of the total financial contribution where it exceeds £12,500 and a fixed fee of £250 for an agreement with non-financial obligations. In this case the monitoring fee is £250.

13.1.3 The section 106 agreement is currently being prepared. 14.0 Conclusion 14.1.1 In response to the recognised need of the flood relief works, and the acceptable siting,

scale, and design of the ventilation column, bollards, kiosk, surface materials and temporary access provisions the scheme would not cause a demonstrable loss of open space, detract from the character or appearance of the conservation or unduly harm residential amenity. It is also considered that the scheme would not be prejudicial to existing highway conditions. Through the imposition of suitable safeguarding conditions the proposal is considered not to arise in unacceptable archaeological and ecological implications. Given this the scheme would comply with the aims and objectives of UDP policy.

15.0 Recommendation

That the Council should be minded to recommended the grant of conditional planning permission subject to a S106 agreement to secure the following heads of terms: The work is scheduled to take 52 weeks. Within 55 weeks of the work commencing or within 21 days of the completion of the works, whichever is the sooner the application site shall be re-instated to include:-

• The laying of all original paths in materials to match existing.

• Rationalisation post earth works of any damaged grass and vegetation.

• All planting, seeding or turfing shall be carried out in the first planting and seeding season following the completion of the development hereby permitted.

• Any trees, hedgerows, shrubs or grass forming part of the application site which within a period of 5 years from the substantial completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

• All levels to be re-instated as original.

• The re-building of the removed boundary wall to match existing.

• Re-instatement of railings.

• Re-instatement of all removed lampposts.

• Re-placement of three trees that will be felled.

• Removal of all debris, equipment and vehicles.

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Summary of the Reasons: In deciding to grant planning permission, the Council has had regard to the relevant policies of the Development Plan and all other relevant material considerations. Having weighed the merits of the proposal in the context of these issues, it is considered that planning permission should be granted subject to the conditions listed below. In reaching this decision the following policies were relevant: Unitary Development Plan (2007) Policies: Policy 1: The Vision for Lambeth, Policy 7: Protection of Residential Amenity, Policy 9: Transport Impact, Policy 14: Parking and Traffic Restraint, Policy 31: Streets, Character and Layout, Policy 32: Community Safety/Designing Out Crime, Policy 33: Building Scale and Design, Policy 38: Design in Existing Residential/Mixed Use Areas, Policy 39: Streetscape, Landscape and Public Realm Design, Policy 47: Conservation Areas, Policy 48 Archaeology: Recording and Analysis of Buildings, Policy 50: Open Space, Policy 52: Protection and Enhancement of the Natural Environment, Policy 53: Infrastructure and Utilities and Policy 54: Pollution, Public Health and Safety.

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Conditions 1. The development to which this permission relates must be begun not later than the expiration of

three years beginning from the date of this decision notice. Reason: To comply with the provisions of Section 91(1) (a) of the Town and Country Planning

Act 1990. (As amended by Section 51 of the Planning and Compulsory Purchase Act 2004) 2. No works or development shall take place until a landscaping scheme including a specification

of any new tree, hedge and shrub planting has been approved in writing by the Local Planning Authority. This specification will include details of the quantity, size, species, position and the proposed time of planting of all trees/shrub/hedge to be planted, together with an indication of how they integrate with the proposal in the long term with regard to their mature size and anticipated routine maintenance. All tree, shrub and hedge planting included within that specification shall be carried out in accordance with that specification and in accordance with BS 3936 (1992) within three months of the development.

Reason: To ensure satisfactory landscaping of the site in the interests of the surrounding

conservation area (Policies 31, 33, 39 and 47 of the Unitary Development Plan (2007) refer). 3. No trees other than those shown to be removed in accordance with the Approved Plan Drwg

No. AE08_20_TPP_NT (Tree Protection Plan) as contained in the Arboricultural Report prepared by Arborecology dated May 2008, shall be felled, pruned, uprooted, damaged or otherwise disturbed without the prior written agreement of the Local Planning Authority.

Reason(s): To ensure the retention of, and avoid damage to, the existing trees on or adjacent to

the site that represent an important visual amenity to the surrounding area (Policy 39 and 47 of the UDP refers).

4. Prior to the commencement of the development hereby permitted all Tree Protection Measures

shall be implemented in strict accordance with the approved Tree Protection Plan (Drwg No. AE08_020_TPP_NT) as contained in the Aboricultural Report prepared by Arborecology dated May 2008 and remain in place for the duration of the development. Reason(s): To ensure the retention of, and avoid damage to, the existing trees on or adjacent to the site that represent an important visual amenity to the surrounding area (Policy 39 and 47 of the UDP refers).

Reason(s): To ensure the retention of, and avoid damage to, the existing trees on or adjacent to

the site that represent an important visual amenity to the surrounding area (Policy 39 and 47 of the UDP refers).

5. All required Tree Surgery work shall be carried out in accordance with Appendix C as contained

in the Approved Document Arboricultural Report prepared by Arborecology dated May 2008. Reason(s): To ensure the retention of, and avoid damage to, the existing trees on or adjacent to

the site that represent an important visual amenity to the surrounding area (Policy 39 and 47 of the UDP refers).

6. The installation of temporary hardstanding areas around retained trees as identified on Drwg

No. AE08_20_TPP_NT shall be carried out in accordance with the specification contained in Appendix E of the Approved Document Arboricultural Report prepared by Arborecology dated May 2008 and remain in place for the duration of the development.

Reason(s): To ensure the retention of, and avoid damage to, the existing trees on or adjacent to

the site that represent an important visual amenity to the surrounding area (Policy 39 and 47 of the UDP refers).

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7. All Arboricultural Site supervision and Monitoring in relation to retained and protected trees shall be carried out in accordance with the specification contained Appendix G of the Approved Document Arboricultural Report prepared by Arborecology dated May 2008 until development is completed.

Reason(s): To ensure the retention of, and avoid damage to, the existing trees on or adjacent to

the site that represent an important visual amenity to the surrounding area (Policy 39 and 47 of the UDP refers).

8. If within a period of 5 years from the date of planting of any tree that tree, or any tree planted in

replacement for it, is removed, uprooted, destroyed or dies, (or becomes in the opinion of the Local Planning Authority seriously damaged or defective), another tree of the same species and size as originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variations.

Reason: To ensure a satisfactory and continuing standard of amenity is provided and

maintained in connection with the development (Policies 33, 39 and 47 of the Unitary Development Plan (2007)

9. Prior to the commencement of any works on site, a watching brief and wildlife surveys together

with the Potential Mitigation Measures shall be submitted to and approved in writing by the Local Planning Authority. The survey should detail those habitats and features worthy of retention and enhancement on site as well as giving an indication of what could be lost as a consequence of the development. Particular attention should be paid to habitats identified in national, regional or local Biodiversity Action Plans. The survey should also identify all protected species of fauna and flora on site, together with priority species listed in national, regional or local Biodiversity Action Plans. Where necessary full details of measures necessary for the protection of habitats or species should be included. The development shall not proceed other than in accordance with the terms of the approved brief.

Reason: To safeguard the nature conservation and biodiversity of the site (Policy 52 of the

Unitary Development Plan (2007) refer). 10. The design and type of external doors to the new kiosk and any defensive planting along the

boundaries of the site and to the flats shall meet 'Secured by Design Standards', consistent with s17 of the Crime and Disorder Act 2005.

Reason: To prevent crime and disorder occurring within and in the immediate vicinity of the site,

in the interest of public safety (Policy 32 of the Unitary Development Plan (2007) refer). 11. The development hereby permitted shall not be carried out other than wholly in accordance with

the approved drawings. Reason: To ensure a satisfactory development as indicated on the drawings (Policies 7, 36 and

47 of the Unitary Development Plan (2007) refers). 12. No development shall take place until the applicant 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 development shall only take place in accordance with the detailed scheme pursuant to this condition. The archaeological works shall be carried out by a suitably qualified investigating body acceptable to the Local Planning Authority.

Reason: To safeguard any archaeological interest of the site (Policy 48 of the UDP refer). 13. Adequate precautions shall be taken during the construction period to prevent the deposit of

mud and similar debris on the adjacent public highway.

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Reason: To minimise danger and inconvenience to highway users (Policies 9 and 31 of the

Unitary Development Plan (2007) refer). 14. No development shall take place until a Method of Construction Statement has been submitted

to and approved in writing by the Local Planning Authority and construction works, including parking, deliveries and storage, shall take place solely in accordance with the approved details.

Reason: To avoid hazard and obstruction being caused to users of the public highway and in

the interest of public safety (Policies 9 and 31 of the Unitary Development refer.) 15. Following the completion of the construction works the temporary cross over(s) hereby

permitted shall be stopped up by raising the existing dropped kerbs and reinstating the footway and highway boundary to the same line, level and detail as the adjoining footway and highway boundary unless otherwise agreed in writing by the local planning authority.

Reason: To limit the number of access points along the site boundary for the safety and

convenience of the highway users (Policies 9 and 31 of the Unitary Development Plan (2007)) 16. Noise arising from the use of the development including the kiosk and the vent column shall not

exceed the existing background noise levels during daytime and night time hours when measured outside the window of the nearest noise sensitive or residential premises.

Reason: To protect the amenities of adjoining occupiers and the surrounding area (Polices 1, 7,

33 and 54 of the Unitary Development Plan (2007) refer). Informatives 1. This decision letter does not convey an approval or consent which may be required

under any enactment, by-law, order or regulation, other than Section 57 of the Town and Country Planning Act 1990.

2. 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. The design should be in accordance with appropriate English Heritage guidelines.

3. Your attention is drawn to the provisions of the Building Regulations, and related

legislation, which must be complied with to the satisfaction of the Council's Building Control Officer.

4. Your attention is drawn to the need to comply with the requirements of the Control of Pollution

Act 1974 concerning construction site noise and in this respect you are advised to contact the Council's Environmental Health Division.