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(Item 4.3) LONDON BOROUGH OF WALTHAM FOREST Committee/Date: Planning – 6 th September 2016 Application reference: 160233 Applicant: Eastern Homes Ltd Location: Rowden Parade, Chingford Mount Road, London E4 9AG Proposed development: Residential development: Demolition of existing building and construction of 2 to 5 storey building to provide 30 residential units (14 x 1 bed, 11 x 2 bed and 5 x 3 bed). Amenity space, Provision of 20 x surface level car parking spaces, cycle and waste / refuse storage, with access on Higham Station Avenue. (Description of Revised Development) Wards affected: Larkswood Appendices: None 1 RECOMMENDATION 1.1 Planning Committee GRANT planning permission subject to conditions and completion of a s106 Agreement with the following Heads of Terms: Affordable units: The provision of 20% affordable housing units all shared ownership units. Affordable Housing Review: Re-assessment that will require the applicant to provide detailed evidence to determine whether a deferred affordable housing contribution can be provided. The timing of the re- assessment shall take place after 30% of private sales with an updated build contract. Highways: A financial contribution of £30,000.00 towards improvement of sustainable transport to and from the site and environmental improvements.

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Page 1: LONDON BOROUGH OF WALTHAM FOREST -160… · 1st March 2012. The Core Strategy contains 16 policies designed to deliver the Council’s vision for the physical, economic, environmental

(Item 4.3)

LONDON BOROUGH OF WALTHAM FOREST

Committee/Date: Planning – 6th September 2016

Application reference: 160233

Applicant: Eastern Homes Ltd

Location: Rowden Parade, Chingford Mount Road, London E4 9AG

Proposed development: Residential development: Demolition of existing building and construction of 2 to 5 storey building to provide 30 residential units (14 x 1 bed, 11 x 2 bed and 5 x 3 bed). Amenity space, Provision of 20 x surface level car parking spaces, cycle and waste / refuse storage, with access on Higham Station Avenue. (Description of Revised Development)

Wards affected: Larkswood

Appendices: None

1 RECOMMENDATION

1.1 Planning Committee GRANT planning permission subject to conditions and completion of a s106 Agreement with the following Heads of Terms:

Affordable units: The provision of 20% affordable housing units all shared ownership units.

Affordable Housing Review: Re-assessment that will require the applicant to provide detailed evidence to determine whether a deferred affordable housing contribution can be provided. The timing of the re-assessment shall take place after 30% of private sales with an updated build contract.

Highways:

A financial contribution of £30,000.00 towards improvement of sustainable transport to and from the site and environmental improvements.

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The applicant is required to enter into a S278 agreement of the Highway Act 1980 for highway works. The plan would show the public highway boundary, resurfacing of the footways fronting the site and any other highway work required. The works are to be undertaken prior to occupation.

A financial contribution of £18,000 for air quality contributions.

Sustainability:

Connection ready to any future local decentralised energy network

Legal Fees: Payment of the Council’s legal fees for the preparation and completion of the Legal Agreement.

1.2 That authority to be given to the Head of Development Management and Building Control in consultation with the Council’s Legal Services for the sealing of the s106 Agreement and to agree any minor amendments to the conditions or the legal agreement on the terms set out above.

1.3 In the event that the S106 agreement is not completed within 6 weeks following committee, the Head of Development Management and Building Control is hereby authorised to refuse the application. In the absence of this Section 106 agreement, the proposed development would not be able to secure the provision of affordable housing, review mechanism, contributions towards: air quality and transport related matters contrary to policies DM3, DM5, DM14, DM16, DM20 and DM24 of the Local Plan.

REASONS REFERRED TO COMMITTEE

1.4 The matter is of such importance that it has been referred to Committee by officers.

2 SITE AND SURROUNDINGS2.1 The application site is located on the east side of Chingford Mount

Road, just north of the A406 North Circular roundabout and the former Walthamstow dog track stadium. It has been in use since the 1960’s as a petrol filling station and a vehicle service station with flats on the upper floors. The site is two storeys in height and it has a broad frontage and a regular configuration.

2.2 The site is surrounded by residential accommodation, with a parade of commercial premises on the opposite side of the road. The existing site and the surrounding area are not subject to any specific land use designations, but the area can be best described as having a suburban character. On the northern boundary of the application site at

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Lockwood Place is Olro House, which comprises three blocks of four storey flats that was developed in the early 2000’s, having been given planning permission in 2003. On the southern boundary on Higham Station Avenue there are long terraces of late Victorian properties. The application site is not in a conservation area and it is not a listed building.

2.3 The site has a Public Transport Accessibility Level (PTAL) of 3 (Moderate). The site has access to local bus routes which are available on Chingford Mount Road and it is approximately 1 kilometre to the west of Higham Park Station, with trains running to Liverpool Street.

3 APPLICATION PROPOSAL 3.1 The current planning application proposes the construction of 2 to 5

storey buildings to provide 30 residential units (14 x 1 bed, 11 x 2 bed, 5 x 3 bed self-contained flats, along with twenty surface level car parking spaces, landscaping, cycle parking and waste/refuse and recycling storage. NB: this is an amended scheme; the original proposal comprised 33 flats and a car parking area at basement level. The reason for the amendment was to enable part of the development to be provided as affordable housing.

3.2 The proposed building would have a linear layout with the majority of the cycle parking located on the southern boundary; with the refuse storage area and the lift shaft near to the centre of the site. The vehicular access and a gated pedestrian access would also be on the southern boundary at Higham Station Avenue. Twenty parking spaces, including a disabled parking bay would be located to the rear of the site

3.3 The proposed development would provide a varied mix of units however, of these, 20% would be provided as affordable units (6) The proposed development would have a contemporary design with a vertical emphasis and it would be have a predominately brick exterior (Running Bond and Flemish Bond) with tall side hung window sections set in bronze anodised panelling. The central bay of the western façade on the principle (western) elevation on Chingford Mount Road would have concrete cladding to provide contrast and visual interest.

3.4 At roof level the communal areas of amenity space, set behind a brick parapet wall, would be formed of hard and soft landscaping to provide an additional amenity area for future residents to use. In terms of the residential units, each unit would benefit from 5sqm minimum in a form of balcony spaces. The communal amenity space at roof top level would be 233sqm. The proposed development would be adequately serviced by refuse and recycling bins.

3.5 The application proposes in total 48 cycle spaces for the residential units. In total 10% of the units would be wheelchair accessible. The application proposes 20 parking spaces.

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4 RELEVANT SITE HISTORY AND PUBLIC CONSULTATIONS4.1 670535 – Erection of petrol filling & service station with accessory sales,4

flats over on f/f & 4 garages & formation of vehicular accesses.4.2 In total 171 consultation letters were sent out to local residents and site

notices were displayed. NB: Two notifications were carried out, the second taking place in April when amended drawings were received in which the basement car parking had been removed from the proposal, to be replaced at surface level.

4.3 The following internal consultees were consulted:

Urban Design and Conservation Area Team – Have provided extensive comments on the original scheme and on the subsequent amendments, suggesting that a better layout could be provided, and that the number of single aspect units should be reduced, that more visual interest be provided and that balconies be enlarged.

Transport and Highways – No objection subject to conditions and planning obligations

Housing – No objection subject to planning obligations

Environmental Health – No objection subject to conditions

Waste – No objection

Sustainability – No objection subject to conditions

5.3 The following external consultees were consulted:

Fire Safety Regulation – No comments received to date

London Fire Brigade - No comments received to date

Thames Water – No objections raised

5.4 In total seven representations were received in relation to the original scheme and six in respect of the amended scheme. The objections are listed in the table below. These are addressed within the main body of the report.

Objection received

The scale is too great and would cause overshadowing of existing buildings nearby.

Too few parking spaces would lead to more parking stress and traffic congestion in the area

No reference is made to affordable housing in the application

Design is alien to existing character of development in the locality, which is Edwardian or inter war

The proposal would reduce levels of daylight and sunlight for

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neighbours.

The scale of development would be unacceptable.

Noise and disturbance would be created during the construction phase of the development.

The proposed development would add to the burden on the infrastructure of the area, which will deteriorate further when the Dog Track development is completed.

The proposed height, scale, bulk and massing of the development is not in keeping with the local area.

4 DEVELOPMENT PLANWaltham Forest Local Plan Core Strategy (2012)

4.1 The Waltham Forest Local Plan Core Strategy (2012) was adopted on 1st March 2012. The Core Strategy contains 16 policies designed to deliver the Council’s vision for the physical, economic, environmental and social development of the Borough. These policies will be used to direct and manage development and regeneration activity up to 2026.

4.2 The policies considered relevant to this application are as follows:

CS1: Location and Management of Growth

CS2: Improving Housing Quality and Choice

CS3: Providing Infrastructure

CS4: Minimising and Adapting to Climate Change

CS5: Enhancing Green Infrastructure and Biodiversity

CS6: Promoting Sustainable Waste Management and Recycling

CS7: Developing Sustainable Transport

CS12: Protecting and Enhancing Heritage Assets

CS13: Promoting Health and Well Being

CS15: Well Designed Buildings, Places and Spaces

CS16: Making Waltham Forest SaferThe London Plan (March 2015)

4.3 The London Plan is the overall strategic plan for London, and it sets out a fully integrated economic, environmental, transport and social framework for the development of the capital to 2031. The London Plan was formally amended in March 2015 incorporating alterations, including revised early minor alterations published in October 2013. The policies relevant to this application are considered to include but not limited to:

3.2 Improving Health and Addressing Health Inequalities

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3.3 Increasing Housing Supply

3.4 Optimising Housing Potential

3.5 Quality and Design of Housing Developments

3.6 Children and Young People’s Play and Informal Recreation Facilities

3.8 Housing Choice

3.10 Definition of Affordable Housing

3.11 Affordable Housing Targets

3.12 Negotiating Affordable Housing on Individual Private Residential and Mixed Use Schemes

3.13 Affordable Housing Thresholds

3.16 Protection and Enhancement of Social Infrastructure

5.1 Climate Change Mitigation

5.2 Minimising Carbon Dioxide Emissions

5.3 Sustainable Design and Construction

5.7 Renewable Energy

5.10 Urban Greening

5.11 Green Roofs and Development Site Environs

5.13 Sustainable Drainage

5.14 Water Quality and Wastewater Infrastructure

5.15 Water Use and Supplies

5.17 Waste Capacity

5.18 Construction, Excavation and Demolition Waste

5.21 Contaminated Land

6.3 Assessing Effects of Development on Transport Capacity

6.9 Cycling

6.13 Parking

7.2 An Inclusive Environment

7.3 Designing Out Crime

7.4 Local Character

7.6 Architecture

7.14 Improving Air Quality

7.15 Reducing and Managing Noise

7.21 Trees and Woodlands

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8.2 Planning Obligations

8.3 Community Infrastructure Levy

London Housing Supplementary Planning Guidance (SPG) (2016)

Waltham Forest Local Plan Development Management Policies (2013)4.4 The document was adopted on 1st November 2013. Relevant policies:

DM1 Sustainable Development and Mixed Use Development

DM2 Meeting Housing Targets

DM3 Affordable Housing Provision

DM5 Housing Mix

DM7 External Amenity and Internal Space Standards

DM10 Resource Efficiency and High Environmental Standards

DM11 Decentralised and Renewable Energy

DM13 Co-ordinating Land Use and Transport

DM14 Sustainable Transport Network

DM16 Parking

DM17 Social and Physical Infrastructure

DM20 Non Designated Employment Areas

DM23 Health and Well Being

DM24 Environmental Protection

DM28 Heritage Assets

DM29 Design Principles, Standards and Local Distinctiveness

DM30 Inclusive Design and the Built Environment

DM32 Managing Impact of Development on Occupiers and Neighbours

DM33 Improving Community Safety

DM35 Biodiversity and Geodiversity

DM36 Working with Partners and Infrastructure

Appendix 4 – Parking Standards

National Planning Policy Framework (2012)4.4.1 The National Planning Policy Framework [NPPF] (2012) sets out the

Government’s planning policies for England and how these are expected to be applied. It is a material consideration in planning decisions. It contains a presumption in favour of sustainable

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development, described as “a golden thread running through both plan-making and decision-taking”.

4.4.2 For decision-taking the NPPF (2012) states that the presumption means “approving development proposals that accord with the development plan without delay” and where the Development Plan is “absent, silent or relevant policies are out-of-date, granting permission unless adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole”.

4.4.3 The whole of the NPPF (2012) is potentially material to this application, but the specific policy areas considered directly relevant are as follows:

Delivering sustainable development

Promoting sustainable transport

Delivering a wide choice of high quality homes

Requiring good design

Promoting healthy communities

Meeting the challenge of climate change, flooding and coastal change

Waltham Forest Sustainable Community Strategy (2008)4.5 The Waltham Forest Sustainable Community Strategy (2008) is a

collective, long standing set of ambitions and priorities for the Borough and its position within London. The strategy identifies what the Council and partner organisations, such as the Police and health services will build as a more sustainable, prosperous and integrated community. Various priorities and commitments are identified including improving housing quality and choice with the right kind of homes in the right places.

Urban Design SPD (2010)4.6 This document has the aim of raising the quality of design within the

Borough.4.7 Northern Olympic Fringe Area Action Plan (January 2011

Inclusive Housing Design SPD (2011)4.8 The core principles underlying the advice in the SPD are Inclusive

Design and the social model of disability. Planning Obligations SPD (2014)

4.9 This document seeks to provide transparent, clear and consistent information for the negotiation of planning contributions. Local Finance Considerations

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4.10 Local finance considerations are a material consideration in the determination of all planning applications. Local finance considerations can include either a grant that has been or would be given to the Council from central government or money that the Council has received or will or could receive in terms of the Community Infrastructure Levy (CIL).

5 ASSESSMENT5.1 The main issues which shall be addressed within this report relate to

the following:

The acceptability of introducing residential accommodation on the site including the proposed mix and standard of accommodation;

The acceptability of the level of affordable housing on the site including the proposed tenure;

The acceptability of the scheme in terms of the overall, bulk, character, massing, location, design and materials;

The amenity impact the development would give rise to in relation to daylight, sunlight, privacy, sense of enclosure (outlook), noise and the acceptability of the scheme in terms of secure by design.

The acceptability of the scheme in terms of the environmental impacts;

The transport implications the development may give rise to in relation to the local highway network surrounding the site and

The acceptability of the scheme in terms sustainable design and construction.

PRINCIPLE OF DEVELOPMENTThe site is in use as a garage and as an MOT testing centre, therefore the question of the loss of employment needs to be considered, even though the site is not designated as employment land. Policy DM20 states that in accordance with the overarching policy CS8 (Making Efficient Use of Employment Land) applications for more productive land uses in non-designated employment areas such as the application, provided that there are clear barriers to the future use of the site for employment related purposes, for example the physical shortcomings of inadequate floor to ceiling heights, inadequate loading capacity or a poor state of repair. Policy DM20 goes on to say that this can also be encouraged if there is no likelihood of an employment use being viable on the site following an extensive marketing process and that the proposed use would not be more suitable located in a town or district centre. In this instance the existing site is under used and it would not be a suitable use in a town or district centre location. Furthermore, the

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proposed use is well designed and suitable to its surroundings, which is predominantly a suburban, residential environment. This is another prerequisite of Policy DM20. Therefore it is concluded that a residential use in principle would be an appropriate form of development in the area.Residential Use including Housing Mix, Density and Affordable HousingHousing Mix

5.2 London Plan Policy 3.3 recognises the pressing need for new homes in London and Table 3.1 of the London Plan 2015 gives an annual monitoring target of 862 new homes per year in Waltham Forest between 2015 and 2025.

5.3 National Planning Policy contained within the Framework requires new development to deliver sustainable, inclusive and mixed communities in accessible locations. To achieve mixed communities, the Framework advises that a variety of housing should be provided in terms of size, type, tenure and price and also a mix of different households such as families with children, single-person households, people with disabilities, service families and older people.

5.4 Policy 3.8 (Housing Choice) of the London Plan seeks to ensure that new residential developments comprise a mix of unit sizes to address the housing needs of the local area. The policy does not, however, specify a precise mix of housing types.

5.5 Part C of Core Strategy Policy CS2 states that the Council will prioritise the need for larger homes (3 bedroom or more) in new developments. Table 6.1 (Preferred housing mix) of the Development Management Policies Document states that the preferred housing mix for market housing is 1b2p (20%); 2b4p (30%); 3b5/6p (40%) and 4+b7/8p (10%).

5.6 Paragraph 6.6 of the same policy document recognises that the proposed housing mix of new development should be considered on a site by site basis, and that LBWF take a flexible approach when applying the preferred housing mix outlined above.

5.7 LBWF will consider site specific aspects such as:

the character and context of the site and surrounding area, the size of the site and constraints; and financial viability.

5.8 The proposed mixed of the housing within the development are outlined within the below table:

Unit mix Number of units proposed

% of Total

1 bed units 14 46.6

2 bed units 11 36.6

3 bed units 5 16.6

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Total 30 100

5.9 The unit mix has been carefully designed to optimise housing delivery on the site whilst taking account of the specific locational characteristics of the surrounding area. The mix also identifies the Council’s aspiration to secure an element of much needed family housing.

5.10 The amount of family housing has also been informed by the viability of the development in addition to market demand. On this basis the housing mix proposed is considered to accord with the relevant policies of the development plan. Density

5.11 The proposed development would provide in total 30 residential units. The proposed PTAL for the site is 3 and is located within a suburban area. The area is 0.1512ha in size and the London Plan specifies a density range of 200-450 habitable room per hectare. The proposed density would be approximately 496 habitable rooms per hectare. Or 198 dwellings per hectare. Whilst this slightly exceeds the London Plan density range, it is important to note that this range should not be used prescriptively to restrict the scale of development.

5.12 Paragraph 3.28 of the London Plan confirms that Table 3.2 (the density matrix) should not be applied mechanistically. Density is simply one test of residential quality, and other factors such as local context, design quality and transport accessibility need to be considered as part of the planning balance.

5.13 Whilst the density of development exceeds the London Plan density matrix the density of development is considered to be acceptable when balanced against other material considerations including:

London’s pressing housing need; The accessible nature of the site; The emerging scale of development proposed for this area; The residential design quality offered by the scheme; and public realm enhancements. Section 106 contributions being secured

5.14 The proposed scheme has been designed sensitively to respect the scale and amenities of the local area and as such the proposed density is considered suitable.

5.15 The proposed development would not be regarded as unduly dense. It would provide a sizable quantum of new housing that is spacious and well designed with access to private and semi-private amenity space. The ratio of buildings to amenity space is considered to be satisfactory It will also be shown that the proposal would not have an adverse impact on the living conditions of neighbouring residents on either side of the application site. It is also demonstrated that the amenity of

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existing residents would not be impacted to such a degree that the development could be considered to be unacceptable.It is concluded that the proposal would be an enhancement of the locality, in which an unprepossessing utility building would be replaced by a sensitively designed contemporary residential building that would provide a gentle transition between the essentially post-modern design of the three blocks of flats in Lockwood Place and the more traditional design of properties in Higham Station Avenue. It is further concluded that the enhancement of the local townscape coupled with the wider regeneration benefits brought by the proposal and the high design standards that will be achieved, outweigh the high residential density level that is proposed. Affordable Housing

5.16 The London Plan states at Policy 3.11 that boroughs should set an overall target for the amount of affordable housing provision in their area based on an assessment of all housing needs and a realistic assessment of supply. In setting targets, boroughs are to take account of regional and local need assessment.

5.17 Policy 3.12 notes that boroughs should seek the “maximum reasonable amount of affordable housing” when negotiating on individual private residential and mixed use schemes, having regard to their affordable housing targets, and the need to encourage rather than restrain residential development, and the individual circumstances of the site. The policy notes that targets should be applied flexibly taking account of:

Development viability; Availability of public subsidy; and Other scheme requirements.

5.18 Policy 3.12 also reaffirms that boroughs should seek the maximum reasonable amount having regard to issues including:

The need to encourage rather than restrain development (Policy 3.3);

The size and type of affordable housing needed in particular locations; and

The specific circumstances of the site.

5.19 The London Plan policies are taken through into the adopted LBWF Local Plan Core Strategy, with Policy CS2 seeking to secure a provision of 50% affordable housing on all new residential schemes coming forward within the Borough (subject to viability), with a split of 40% shared ownership and 60% affordable rented.

5.20 Policy DM3 of the LBWF Development Management Policies Document states that in accordance with Policy CS2, the Council aims to provide 50% of new housing to be affordable by outlining a number

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of measures. These measures include LBWF firstly seeking an affordable housing provision on site and secondly on a nearby site. Where this cannot practicably be achieved, the Council may accept an off-site payment in lieu.

5.21 The Financial Viability Report was submitted in respect of this application and was reviewed by BPS.

5.22 The proposed development would provide in total 6 affordable units on a shared ownership basis that equates to 20% of the overall 30 units being provided. It will be noted that scheme viability and the affordable housing offer has been improved due in the main to the removal of the basement car park as was originally proposed. The affordable housing offer has been checked and verified by BPS and agreed by officers as the maximum viable quantum of affordable housing that can be secured in this case.

5.23 Further to this offer a viability re-appraisal is included in the agreed terms and will form part of the Section 106 agreement. The applicant would need to resubmit the viability assessment after 30% sales of the units with an updated build contract for the scheme. This will require a full open book assessment, with potentially a financial contribution being payable towards delivery of affordable housing in the Borough or further units provided onsite, should viability improve.

5.24 In conclusion, officers are satisfied with the level of affordable housing that would be provided on site along with a viability re-appraisal to be carried out at a later date to establish whether a deferred contribution will be payable. This approach is consonant with the objectives of Waltham Forest Local Plan Core Strategy (2012) policy CS2 and Development Management Polices (2013) policy DM3. Residential Amenity within the proposed development

5.25 London Plan Policy 3.5 (Quality and Design of Housing Developments) states that housing developments should be of the highest quality internally, externally and in relation to their context and to the wider environment. The policy also states that LDFs should incorporate minimum space standards that generally conform to Table 3.3 of the London Plan.

5.26 Supporting text for this policy also notes that new housing development should take account of the London Plan’s more general design principles (Policies 7.2 – 7.12), and those on neighbourhoods (Policy 3.8), sustainable design and construction (Policy 5.3), as well as those on climate change (Chapter 5), play provision (Policy 3.6), biodiversity (Policy 7.19), and flood risk (Policy 5.12).

5.27 LBWF Development Plan Policy DM7 requires all new residential development to aim to ensure that minimum internal and external amenity spaces outlined in Tables 8.1, 8.2 and 8.3 within the Plan, London Plan Housing SPG and the emerging Housing SPG are met.

5.28 The new National Technical Space Standards were introduced on 1 October 2015. The National Technical Space Standards have new

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minimum space standards relating to the size of residential units and bedrooms, and the minimum space standards for living/dining/kitchen areas have been removed. The minimum standards for unit sizes remain identical to the London Plan. It is noted that all units meet the required internal space standards.

5.29 Within the development there are in total 12 single aspect units; however, they have been designed so that they provide adequate levels of daylight and sunlight into living rooms. Careful consideration has been taken to ensure that each of these units benefits from generous openings and full height glazing so that good quality living environment is provided that provides adequate standards of outlook and ventilation. Moreover, the configuration of the development also ensures that there are no north facing single aspect units.

5.30 Furthermore, as depicted on the proposed floor plans, all of the single aspect units benefit from an integral terrace and all units, both single and dual aspect meet or exceed the requirement in policy DM7 for balconies to have a minimum area of 5m2.

5.31 The application has been accompanied by a daylight and sunlight report, which assesses the internal standards of the proposed units. In summary the development would provide an acceptable level of daylight and sunlight internally within the units.

5.32 It is noted the GLA’s Housing SPG does not preclude the provision of single-aspect units, but that they should be avoided where possible. The quality of amenity to be enjoyed by the residents of the 12 units has been maximised by virtue of generous gross internal floor areas very generous floor to ceiling heights and a good ratio of fenestration per solid form. As such, it is concluded that the overall quality of these single aspect units is acceptable.

5.33 All the residential units would have access to private amenity space in the form of outside balconies. It is noted that due to the close proximity of these balconies, a perception of overlooking and loss of privacy could arise. It is recommended therefore that a condition requiring that privacy screens be provided at each balcony is included in the planning permission, to ensure that privacy is maintained for each dwelling.

5.34 Policy DM30 explains that the Council will seek to ensure that any new development, including alterations of existing buildings, will be designed so that everyone, including disabled people can conveniently reach, enter and use it. This is further extended to policy CS2 (Improving Housing Quality and Choice) of the Core Strategy. The submitted planning statement, states that all the units would be built to comply with Building Regulations M4 (2) and M4 (3), whilst 10% of the units would be wheelchair accessible and they will all be located on the ground floor. One of the car parking spaces is also designed to meet wheelchair standards.

5.35 Policy DM5 (Housing Mix) includes new minimum space requirements for private amenity space, including a requirement that private amenity space for each unit should be at least 10sqm. The private balconies

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and terraces within this scheme have been designed to be compliant with the minimum standards contained within the Mayor’s Housing SPG (2016) which states that a minimum of 5sqm of private outdoor space is required for all 2 person dwellings and an extra 1sqm should be provided for each additional occupant. In this regard the development would comply.

5.36 In summary the scheme is compliant with these National Standards, the London Plan and the policies within the Housing SPG. Communal Amenity Space

5.37 For developments comprising flats, Policy DM7 of the Waltham Forest Local Plan Development Management Policies (2013) requires a minimum of 10 sqm amenity space to be provided per bedroom for flatted developments. In addition, each of these flats should provide an element of private amenity space. However, Table 8.3 states that the overall provision can be provided in the form of both private amenity space and communal amenity space.

5.38 The proposed development provides a total of 356.5 sqm of private amenity space, and 233 sqm of communal space which exceeds the thresholds set out in policy DM7, as the mix of units would require a total requirement of private/communal space of 510 sqm.

5.39 It is concluded that the development provides ample community space (589.5 sqm). This would also be in accordance with adopted London Plan policies.Play Space Provision

5.40 Policy 3.5 of the London Plan (2015) seeks to enhance the quality of local places by ensuring that new housing developments take into account the provision of public, communal and open spaces. Policy 3.6 sets strategic guidance stating that the “Mayor and appropriate organisations should ensure that all children and young people have safe access to good quality, well-designed, secure and stimulating play and informal recreation provision, incorporating trees and greenery”.

5.41 The Mayor’s ‘Shaping Neighbourhoods: Play and Informal Recreation SPG’ (September 2012) states that children’s play space should be provided in new developments with a standard target of 10 sqm per child. The SPG further recommends the following accessibility requirements for children’s play space:

100 metres maximum walking distance from a residential unit for under 5s;

400 metres maximum walking distance from a residential unit for 5-11 year olds; and

800 metres maximum walking distance from a residential unit for 12+ year olds.

5.42 Policy DM7 of the Waltham Forest Local Plan Development Management Policies (2013) refers to the Greater London Authority’s

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child play space requirement of 10 sqm per child for developments containing 10 or more child bed-spaces, as summarised above.

5.43 The development does not provide dedicated play areas as defined by relevant policy and the green recreational areas that are near to the site would not be suitable as children’s play space. Salisbury Hall playing fields is just to the south west of the application site, but is in use as football pitches and is on the opposite side of Chingford Mount Avenue, while Rolls park Sports Ground is at the eastern end of Higham Station Avenue, but it does not have any children’s play equipment.

5.44 However, given that there is a surplus of amenity space within the proposed development albeit at upper floor level the scheme is capable of being used by a variety of age groups including children. DESIGN

5.45 Policy DM29 (Design Principles, Standards and Local Distinctiveness) states that the Council will expect a high standard of urban and architectural design for all the new development.

5.46 London Plan Policy 7.4(Local Character) states that new buildings should respect the character and existing grain of the area.

5.47 Paragraphs 56 and 57 of the NPPF requires good design within developments which would should be of a high quality and design due to the contribution towards making better places for people.

Bulk, Height, Scale and Design5.48 The proposed development would be two to five storeys in height, with

the part fifth storey section of the building stepping back from the northern frontage on Lockwood Place by 9m and on the southern boundary with Higham Station Avenue by approximately 10.2 sqm, as it is in this area that the off street parking spaces are to be provided. The building also steps down to three storeys at the rear of the application site, while at the front of the site on the principle elevation, the building is set back by approximately 2.7m.

5.49 The surrounding area is predominantly residential, with largely two storey terraced housing extending eastwards and southwards, while to the north of the application site is the four storey complex of Olro House. On the west side of Chingford Mount Road, directly opposite to the application site, is a short terrace of what appear to be inter war houses, next to which is a parade of shops and commercial premises that have flats above them.

5.50 The immediate setting for the existing site, at the junction of Chingord Mount Road, Higham Station Avenue and Morrison Avenue is characterised by weak urban edges in contrast to the regular terraced streetscape of the wider area, that are then book-ended to present a strong urban edge where the transition between public and private spaces is well defined. A good example of this is the end of terrace

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treatment on the northern end of Higham Station Avenue provided by the gable end flank wall and the tall chimney stack. This in sharp contrast to the arrangement on the southern side of the road, which terminates with a long brick boundary wall that relates poorly to the streetscene.

5.51 The proposed development has a bold, rotund design with a well-articulated frontage that stands proud of the remainder of the building and turns the corner successfully. This strong feature would compensate for the rather weak edges of the existing junction and would be an enhancement of the local townscape. Materials

5.52 The materials have been chosen with the architectural typology of the local townscape in mind, but also to promote a strong contemporary design approach. Brick, metal and a mixture of anodised gold and light bronze has been chosen for the external fabric. Anodised basalt window frames and cills are proposed, with bronze handrails and concrete panelled balconies. The overall impression is on of solidity with a strong vertical emphasis that would give the building identity and character.

5.53 The proposed brickwork exterior with bronze and concrete panelling for the balconies prides visual interest and articulation for the building.

5.54 It should be noted that the proposed development is supported by the Urban Design team.

5.55 In conclusion the proposed development would be an acceptable addition to the townscape of the area in terms of its height, scale, bulk, design, layout and materials on the principle Chingford Mount Road frontage and the Lockwood Place and Higham Station Avenue frontages.

6 RESIDENTIAL AMENITYDaylight Assessment

6.1 A daylight / sunlight report has been completed by Brooke Vincent and partners which accompanies this application. The report analysed the effect of the redevelopment of the site on the daylight and sunlight amenity to the neighbouring residential properties.

6.2 LBWF policy DM33 states that the when considering the impact of a new development on neighbouring amenity, the Council will have regard to (among other aspects) access to daylight and sunlight. LBWF will only find development acceptable where it would not cause an unacceptable loss of amenity to adjoining or future occupiers of the development.

6.3 The following methodology has been used:

Levels of Vertical Sky Component (VSC) – A measure of the skylight reaching a point from an overcast sky. The BRE guidelines state that if the VSC at a point at the centre of a

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window is less than 27%, and it is less than 0.8 times its former value, the levels of daylight may be adversely affected;

No-Sky Line (NSL) – A measure of the distribution of daylight within a room. The BRE suggest the area of the working plane within a room that can receive direct skylight should not be reduced to less than 0.8 times its former value; and

Average Daylight Factor (ADF) – A measure of daylight within a room. The BRE guidelines recommend that acceptable ADF values are 1.0% for a bedroom, 1.5% for a living room and 2.0% for a kitchen.

6.4 In relation to sunlight, analysis centres on Annual Probable Sunlight Hours (APSH) and Overshadowing. In terms of APSH, the BRE guidelines recommend that levels should be at least 25% of the total available. The applicant has submitted a daylight and sunlight report assessing the impact that the proposed development would have on the living conditions of neighbouring properties. The report concludes that the windows in the rear elevation of 1 Higham Station Avenue, on the eastern boundary of the application suite, would benefit from the demolition of the part of the garage nearest to the property and that the VSC would remain above the BRE’s benchmark figure of 27%. On the southern boundary of the application site the nearest property is 2 Higham Station Avenue. The VSC test concluded that the angle of obstruction from the closest window is below 25 degrees. On the western boundary, the nearest houses are at 1-6 Chingford Mount Road. The VSC test showed that even in the few instances are below 27% of the existing 27% benchmark, the VSC value would not fall below 0.8 of its former (existing) value. With regard to Olro House on the northern boundary of the application site, the report found that all windows that could be affected by the development would meet BRE criterion. The only shortcoming would be a deficiency in winter sunlight to bedrooms on the ground and first floors of the property. However the BRE guidelines do not have any specific standards for bedrooms and this small winter loss is not considered to be significant.The report found that most of the habitable accommodation in the proposed development has an east/west orientation and all flats would therefore meet the London Plan HSPG baseline standard that no single aspect dwelling should be within an angle of 45 degrees of north. The proposed development is also consistent with the good practice standard that all dwellings should be able to provide direct sunlight for at least one habitable room for part of the day; this will occur for 33 out of a total of 35 living rooms, which is considered to be a very good outcome. Privacy - Overlooking

6.4.1 The only properties that could suffer a degree of impact from the proposed development are the three blocks of flats on the northern

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boundary at Olro House, Lockwood Place and the terraced properties of Higham Station Avenue on the southern boundary. In the former case, the three blocks of flats have a courtyard layout with the principal elevations having an east/west orientation that looks on to the courtyards. Therefore the flank walls of these buildings are at right angles to the proposed development and habitable rooms would be unaffected by the proposal as they would not be directly overlooked. There are windows in the northern wall of the proposed development, to enable some of the flats to be dual aspect, but they would be over 8m from the flank wall from the southern boundary of Olro House and they would not therefore give rise to concerns for loss of privacy.

6.5 Likewise, on the eastern and southern boundaries of the application site, the principle elevations of the terraced properties of Higham Station Avenue have a north/south orientation that would be at right angles to the eastern façade of the proposed development. In such circumstances, these properties would not suffer unduly from overlooking and loss of privacy. Either. For example, 1 Higham Station Avenue, the end of terrace property on the north side of the road, has a blank gable end wall that faces the rear of the proposed development. So it would not suffer overlooking and loss of privacy, while the front façade of 2 Higham Station Avenue, the end of terrace property on the south side of the road, would be within 3m of the southern wall of the proposed development, but there would be no flats proposed along this elevation.

6.6 Instead, this is the proposed location for the bicycle storage unit, the pedestrian and vehicular entrance and the southern edge of the car parking area. Therefore, this property would also be unaffected by the proposal. The Housing SPG states that within developments there should be adequate levels of privacy in relation to neighbouring properties, the street and other public places. The SPD states the development should maintain a distance of about 18-21m between habitable windows. This can be a useful yardstick for visual privacy. However, in this instance the advice is not applicable and the proposed development would merely be replicating the layout and street pattern of the surrounding area, where rows of houses face each other and are only separated by the road width. In summary the development would be acceptable in terms and would not give rise to overlooking of neighbouring residential properties near to the application site.

7 HIGHWAYS 7.1 Policy DM14 (Sustainable Transport Network) states that the Council

will actively encourage sustainable travel. Major developments should be developed and contribute to, a well-connected network of streets that optimises permeability and legibility. Developments should not have a harmful impact on the walking and cycling environment.Proposed Car Parking and Cycle Parking

7.2 The site is within an area with a PTAL rating of 3. The site is not in ` a CPZ, The development is to be classified as car-capped.

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7.3 The proposed development provides twenty off street car parking spaces, which is just short of the maximum standard of 24 for a development of this scale, as set out in Appendix 4 of Policy DM16. However, this is considered to be a reasonable quantum and it must be recognised that this is a more satisfactory arrangement than in the existing wider area, where, due to the age of the buildings, off street parking is not available.

7.4 A parking management condition has been imposed in relation to the disabled parking bay (parking bay No 20 DDA) because it is too close to the vehicular access and drivers would have limited mobility to manoeuvre. An adequate level of cycle parking would be provided on the site.Road Safety

7.5 A S106 contribution of £30,000 is requested for sustainable transport schemes in the area.

7.6 There have been several objections have been received regarding construction traffic in relation to the proposed development. A construction management plan condition has been imposed which would secure this through the build phase of the development.Refuse and Recycling

7.7 Servicing and refuse collection would take place on Higham Station Avenue. This is considered to be acceptable, however, a waste and refuse management plan shall be secured as a planning condition as part of the development.Proposed Highway Works

7.8 A S278 agreement is required for highways works involving the resurfacing of the footways serving the site along Chingford Mount Road, Lockwood Place and Higham Station Avenue. A full S278 design plan is to be submitted for approval and an estimate will be provided once the plan is agreed. Existing street furniture, including street lights, traffic lights and feed pillars have not been shown on the drawings that have been submitted. Therefore they will need to be included in the plan. The plan would show the public highway boundary, resurfacing of the footways fronting the site and any other highway work required. The works are to be undertaken prior to occupation.

7.9 Construction of commercial crossover and temporary parking restrictions are required to be implemented prior to construction works.

7.10 A site condition survey is required to be carried out prior to commencement of works, and submitted to the Council for records. Repairs of damages to the public highway due to construction works will be required to be paid for by the developer;

7.11 In summary the proposed development would not give rise to any transport safety or highway concerns and it is concluded that the arrangements are acceptable.

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8 ENERGY EFFICIENCY AND RENEWABLE RESOURCES8.1 The energy strategy report has been submitted to incorporate the

sustainability requirements for the proposed development. The Local Policy states that the scheme must comply with the London Plan which requires meeting the London Plan Part 5.2, i.e. 40% reduction in CO2 emissions under Building Regulations Part L 2010 or 35% reduction 2014 Building Regulations.

8.2 The approach outlined above demonstrates the scheme adopts the London Plan energy hierarchy of "Be Lean, Be Clean, Be Green", by the Lean design of the building to incorporate passive design feature such as orientation, natural ventilation and thermal performance beyond Part L2A requirements. Furthermore the scheme is Clean by specifying efficient, lower energy usage building services. Finally the scheme is adopting the Be Green approach through the inclusion of renewable energy.

8.3 The application has also been reviewed by the Sustainability team who supports the application subject to conditions to comply with sustainable development objectives and meet “Very Good” BREEAM standards and 35% Carbon reduction targets, the required quantity of PVs will also be included to meet London Plan Policy 5.2. Various conditions have been attached requesting further information. However, the application complies with adopted policies. LOCAL ENVIRONMENTA) Air Quality

8.4 Local Plan policy DM24 states new development should neither contribute to, nor suffer from acceptable levels of air pollution, measured having regard to DEFRA’s Local Air Management Technical Guidance and London Council’s Air Quality and Planning Guidance or successor documents. On major applications, this should be demonstrated through an air quality assessment and, if necessary, proposed mitigation measures.

8.5 The submitted air quality report has been assessed by officers. The report concludes that future users would not be exposed to pollution level above the air quality objectives. In this instance no objection would be raised.

8.6 However, because the air quality neutral assessment concluded that the application will not be air quality neutral for transport NOx and PM10 emissions, which would be contrary to the requirements of Policy 7.14 of the London Plan for all development to be at least air quality neutral, a s106 contribution of £3355.81 will be sought for marginal abatement costs associated an air quality neutral environment..B) Flooding

8.7 The application is not located within a flood zone.8.8 The development would incorporate SUDS into the scheme. Further

details of this have been conditioned as part of the application.

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8.9 Thames Water were consulted in relation to the proposed development no objection has been raised. C) ContaminationThe previous land contamination reports for this site are twelve years old. The site did not re-develop from a petrol filling station (pfs) to residential in 2004. A further contaminative land-use has been introduced to the site in the form of a tyre and car workshop with a MOT testing station. Sampling from boreholes reported in March 2004 appears to have only considered the forecourt area of the pfs and site perimeter alongside Higham Station Avenue.Given the use of the site and the longevity of that use, in this instance a comprehensive contamination condition is recommended before any development takes place. LANDSCAPE AND TREES

8.10 Policy DM35 of the Development Management Policies “Biodiversity and Geodiversity” requires an Arboricultural Study which has been submitted in support of the application.

8.11 The site would be fully landscaped and a condition has been imposed to this effect as part of the application.PERSONAL SAFETY AND SECURITY

8.12 The safety and security measures, including the identified boundary treatments, as illustrated in the submitted plans and supporting documentation are acceptable. In addition, to this they would be need to ensure that there is provision of sufficient lighting around the site, which will be sought by a planning condition.

9 CONCLUSION9.1 The proposed development of the site to provide a residential

development would be supported.9.2 The proposed level of affordable housing would be acceptable, 9.3 The proposed development has regard to the scale and massing,

pattern and form of development in the area, and would result in an appropriate scale on this prominent site. This would be enhanced through the use of high quality materials

9.4 The proposed development would have minimal impact on the living conditions of neighbouring residential development.

9.5 The scheme would provide an acceptable residential environment 9.6 The proposed development would have an acceptable impact on

highway safety and would not have an unduly harmful impact on neighbouring residential amenity.

9.7 The highest environmental standards would also be met. 9.8 The conditions recommended and S.106 obligations agreed would

ensure that any adverse impacts of the scheme are mitigated against

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and the positive aspects of the proposal advanced by the applicant are carried through to implementation.

9.9 All material considerations have been taken into account, including responses to consultation, and it is not considered that there are any material planning considerations in this case that would warrant a refusal of this application.

9.10 Taking into account the consistency of the scheme with the Development Plan and weighing this against all other material planning considerations, the proposal is considered to be acceptable in planning policy terms.

10 ADDITIONAL CONSIDERATIONSPublic Sector Equality Duty

10.1 In making your decision you must have regard to the public sector equality duty (PSED) under s.149 of the Equalities Act. This means that the Council must have due regard to the need (in discharging its functions) to:A. Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the ActB. Advance equality of opportunity between people who share a protected characteristic and those who do not. This may include removing or minimising disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; taking steps to meet the special needs of those with a protected characteristic; encouraging participation in public life (or other areas where they are underrepresented) of people with a protected characteristic(s).C. Foster good relations between people who share a protected characteristic and those who do not including tackling prejudice and promoting understanding.

10.2 The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

10.3 The PSED must be considered as a relevant factor in making this decision but does not impose a duty to achieve the outcomes in s.149 is only one factor that needs to be considered, and may be balance against other relevant factors.

10.4 It is not considered that the recommendation to grant permission in this case will have a disproportionately adverse impact on a protected characteristic.Human Rights

10.5 In making your decision, you should be aware of and take into account any implications that may arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as the London

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Borough of Waltham Forest to act in a manner that is incompatible with the European Convention on Human Rights.

10.6 You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation to grant permission in this case interferes with local residents' right to respect for their private and family life, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case, the rights of the applicant). The Council is also permitted to control the use of property in accordance with the general interest and the recommendation to grant permission is considered to be a proportionate response to the submitted application based on the considerations set out in this report.

11 RECOMMENDATION 13.1 The Planning Committee is requested to grant planning permission in

principle subject to conditions and the signing of a s106 legal agreement in respect of the items listed in the Heads of Terms at Section 1 of the report.

11.1 The following conditions to be imposed on the planning permission:1. The development hereby permitted shall be begun before the

expiration of three years from the date of this permission.

2. The development hereby approved shall be carried out in accordance with the following drawings and documents;

B2-00-1000 REV 4

B2-00-1001 REV 4

B2-02-2200 REV 5

B2-02-2201 REV 5

B1-02-2202 REV5

B2-02-2203 REV 5

B2-02-2204 REV5

B2-02-2205 REV5

B2-04-2201- REV4

B2-04-2204 REV4

Design and Access Statement by 5 Plus Architects Energy/ Sustainability Assessment by Energist UK Transport Statement by WYG Air Quality Assessment by Hawkins Environmental Daylight / Sunlight Analysis by Brooke Vincent and Partners Noise Impact Assessment by Hawkins Environmental

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o Contamination Reports by Arcadis Geraghty and Miller International Ltd (Includes Environmental Assessment , Pathway Specific Risk Assessment and Site Remediation)

Affordable Housing Statement by Jones Lang La Salle

Materials

3. Notwithstanding any indications shown on the submitted plans, samples and a schedule of materials to be used in the external surfaces of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The development shall thereafter be carried out in accordance with the details unless otherwise approved in writing by the Local Planning Authority.

4. Prior to the commencement of the development, details indicating the positions, design, materials and type of boundary treatment and other means of enclosure (including privacy screens, obscured glazing and positioning) to be erected shall been submitted to, and approved in writing by the Local Planning Authority. The boundary treatments shall be completed in accordance with the approved details prior to occupation of any of the units hereby permitted and thereafter permanently retained.

5. Prior to the commencement of development details recording the internal fabric of the existing building shall be submitted to the Council.

6. Prior to the commencement of the development, details relating to the siting, design and height, colour and finish of all new walls, fencing, railings and other means of enclosure (including all balcony/terrace railings/balustrades) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out solely in accordance with the approved details, prior to the first occupation of the use and dwellings hereby approved, and thereafter shall be fully retained and maintained accordingly.Highways

7. Prior to the commencement of the development hereby approved, a Code of Construction Conduct (Construction Environmental Management Plan) for that development should be submitted to and approved in writing by the Local Planning Authority. Construction of the development shall only take place in accordance with the agreed code of conduct for that development, which shall comprise:

a. A construction method statement.

b. A Construction Logistics Plan stating;

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i. Method of access and parking of construction vehicles

ii. Measures to prevent deposition of mud on the highway

iii. Dust mitigation and suppression measures to control the spread of dust from demolition, disposal and construction

c. Measures to minimise the impact of construction activities

d. Details of construction lighting together with measures to minimise light pollution from construction lights

e. Identification of areas intended for the placing of contractor’s accommodation, open storage and employee vehicle parking.

f. Details of site security

8. Prior to the commencement of development on the site, a highway condition survey shall be carried out and submitted to the Local Planning Authority. The adequacy of the survey shall be agreed in writing prior to commencement of works on site. Any damage to the highways, incurred as a result of the construction works, will have to be reinstated by the Council but funded by the developer.

9. Prior to commencement of development, a construction logistic plan is required to be submitted for consideration prior to commencement of works and it must allow for the following:

Journey planning, highlighting access routes;

Site operation times;

Loading and unloading locations, taking into consideration existing parking restrictions.

10.Notwithstanding the information shown on approved drawing Number B2-02-2200 REV5, Prior to commencement of development details of disabled car parking bay that is compliant with the requirements of the Disabled Discrimination Act shall be submitted to and approved in writing by the Local Planning Authority. The details so approved shall be retained thereafter.

Demolition

11.Prior to commencement of development, a Construction and Demolition Method Statement shall be submitted to and approved in writing by the Local Planning Authority for a management scheme whose purpose shall be to control and minimise emissions of pollutants from and attributable to the demolition and / or construction

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of the development. This should include a risk assessment and a method statement in accordance with the control of dust and emissions from construction and demolition Best Practice Guidance published by London Councils and the Greater London Authority. The scheme shall set out the secure measures, which can, and will, be put in place.

Air Quality and Noise

12.Prior to installation, details of the boilers shall be forwarded to the Local Planning Authority for approval. The boilers shall have dry NOx emissions not exceeding 40 mg/kWh (0%).

13.A method statement shall be submitted to, and approved by, the Local Planning Authority, before the development commences for a management scheme whose purpose shall be to control and minimise emissions attributable to the demolition and/or construction of the development. Reference shall be made to the Mayor of London’s Control of Dust and Emissions from Construction and Demolition Best Practice Guidance. The scheme shall set out the secure measures which can, and will, be put in place.

14.Within the proposed residential units (with the windows closed) the following internal noise levels shall be achieved; 35dB(A) Leq 16 hours 07.00hrs -23.00hrs in Living rooms, while 30dB(A) Leq 8 hours in Bedrooms and no individual noise event to exceed 45dB(A) max (measured with F time weighting) 23.00hrs - 07.00hrs. External noise affecting gardens, balconies or amenity spaces shall not exceed 55dBLAeqt. A scheme of sound insulation shall be submitted to the Local Planning Authority for approval before the commencement of works.

15.The noise of all new plant shall be 10dB(A) below the underlying background noise level (LA90) during the time of plant operation at a position one metre external to the nearest noise sensitive premises. The underlying background LA90 shall be determined in the absence of the new plant noise. This assessment must be completed in accordance with BS4142: 2014 Method for rating industrial noise affecting mixed residential and industrial areas.

16.Before the development commences all flats will be serviced by filtered mechanical ventilation which will filter out the pollutant of nitrogen oxide. The air inlets will be situated at roof level at the furthest distance from Chingford Mount Road

17.Before development commences, a detailed air quality assessment

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report, written in accordance with the relevant current guidance, for the existing site and proposed development shall be submitted to and approved by the Local Planning Authority.

Landscaping

18.Prior to the commencement of the development, a scheme of hard and soft landscape works which shall include a survey of all existing trees and hedgerows on the land, indicating those to be retained and those to be lost shall be submitted to and approved in writing by the Local Planning Authority. Details of those to be retained, together with measures for their protection in the course of the development, shall also be submitted and approved, and carried out in accordance with such approval, prior to any demolition or any other site works, and retained until the development is completed. Soft landscape works shall include: planting plans, and schedules of plants, noting species, plant sizes and proposed numbers/densities within a planting schedule, also the method of planting including soil composition, tying and staking, a maintenance care regime including mulching and watering and the replacement of any species that die within 5 years of planting.

19.All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out not later than the first planting and seeding seasons prior to the first occupation of any of the residential units, or the completion of the development, whichever is the sooner. Any new trees or shrubs which, within a period of 5 years from the completion of the development, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season, with others of a similar size and species, unless the Local Planning Authority agrees any variation in writing

Cycle Store/ Waste Storage

20.Notwithstanding the indications on the plans hereby approved, prior to the occupation of the development hereby permitted, details of policy compliant cycle storage provision, including details of cycle stands and enclosures, shall be submitted to, and approved in writing by, the Local Planning Authority. The development shall be implemented in accordance with the approved details and the cycle stores brought into use prior to the occupation of the dwellings hereby permitted.

21.Notwithstanding the indications on the plans hereby approved, prior to the occupation of the development hereby permitted, a scheme for the storage and disposal of waste and recycling, including details of methods for collection and enclosures, shall be submitted to, and approved in writing by, the Local Planning Authority. The development

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shall be implemented in accordance with the approved details and the refuse stores brought into use prior to the occupation of the dwellings hereby permitted.

Carbon emission reductions

22.Prior to the occupation of any part of the development hereby permitted, a report demonstrating how the scheme reduces the carbon dioxide emissions of the development by at least 35% compared to the 2013 Building Regulations shall be submitted to, and approved in writing by, the Local Planning Authority. The report shall reference the measures set out in the Energy Statement accompanying the planning application, but shall explain what measures have been implemented in the construction of the development. The development and energy efficiency measures shall thereafter be retained.

Water condition

23.Prior to the commencement of development, a scheme detailing measures to reduce water use within the development, to meet a target water use of 105 litres or less per person, per day, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved scheme and thereafter retained.

Contamination

24. a) Desk Study (Phase 1)

An outline Conceptual Site Model (CSM) to determine the relevant pollutant linkages shall be submitted for approval by the LPA.

b) Site Investigation (Phase 2)

Based on the findings of the Desk Study and outline CSM, a suitable and sufficient site investigation to determine the presence of contaminants, shall be undertaken. The full methodology and detailed results of the investigation shall be provided to the LPA. An appraisal of proposed remedial actions shall be submitted to and approved in writing by the LPA.

(c) Remediation Strategy (Phase 3)

Where contamination is found which poses unacceptable risks, no development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use has been submitted to and approved in writing by the LPA. The scheme must include proposed remediation objectives and remediation criteria.

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(d) Reporting of Unexpected Contamination

During the course of the construction and carrying out of the approved development, access shall be provided to Council officers and their agents. If any unforeseen contamination not previously identified is found at any time during clearance or construction works, it must be reported without delay to the LPA. The development shall not proceed further until an assessment of that contamination and the preferred remedial measure to remove or break the relevant pollutant linkage has been submitted to and approved in writing by the Local Planning Authority.

(e) Verification (Phase 4)

Where required, the contamination shall be fully treated and completed wholly in accordance with the approved measures in the remediation strategy. A verification report (that demonstrates the effectiveness of the remediation carried out) must be submitted to and approved in writing by the LPA before the development is occupied or brought into use.

Thames Water

25.No 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.

26.Development should not be commenced until: Impact studies of the existing water supply infrastructure have been submitted to, and approved in writing by, the local planning authority (in consultation with Thames Water). The studies should determine the magnitude of any new additional capacity required in the system and a suitable connection point.

Drainage

27.Prior to commencement of the development specifications of a surface water drainage system based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be subsequently implemented in accordance with the approved details before the development is completed.

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Other

28.Prior to occupation, details of any form of external illumination and / or external lighting on the buildings and around the site shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented prior to the first occupation of any of the residential units hereby permitted.

29.Prior to occupation of the development, details of measures for that development, to minimise the risk of crime and accessibility in a visually acceptable manner and meet the specific security needs of the application site/development (as informed by the principles of Secured by Design), shall be carried out in accordance with details that shall be submitted to and approved in writing by the local planning authority. The approved measures shall thereafter be maintained unless otherwise agreed in writing by the local planning authority.

Reasons:

1. Reason: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 (as amended).

2. Reason: For the avoidance of doubt and in the interests of proper planning.

3. Reason: To ensure a satisfactory appearance in accordance with Policy CS15 of the Waltham Forest Local Plan Core Strategy (2012).

4. Reason: To ensure a satisfactory appearance in accordance with Policy CS15 of the Waltham Forest Local Plan Core Strategy (2012).

5. Reason: To retain a record of the internal fabric of the building in accordance with Policy CS15 of the Waltham Forest Local Plan Core Strategy (2012)

6. In the interest of general visual amenity, and amenity of neighbouring occupants, in accordance with Policies CS13 and CS15 of the Waltham Forest Local Plan Core Strategy (2012) and Policies DM29 and DM32 of the Waltham Forest Local Plan Development Management Policies (2013).

7. Reason: In the interests of highway and pedestrian safety in accordance with policies CS7 and CS15 of the Waltham Forest Local Plan Core Strategy (2012).

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8. Reason: In the interests of highway and pedestrian safety in accordance with policies CS7 and CS15 of the Waltham Forest Local Plan Core Strategy (2012).

9. Reason: In the interests of highway and pedestrian safety in accordance with policies CS7 and CS15 of the Waltham Forest Local Plan Core Strategy (2012).

10.Reason: In the interests of highway and pedestrian safety in accordance with policies CS7 and CS15 of the Waltham Forest Local Plan Core Strategy (2012) and Policy DM16 of the Waltham Forest Development management Policies Local Plan (2013).

11.Reason: In the interests of highway and pedestrian safety in accordance with policies CS7 and CS15 of the Waltham Forest Local Plan Core Strategy (2012).

12.Reason: In the interest of health and to protect the living conditions of existing and future residents in the locality in accordance with Policy CS13 of the Waltham Forest Local Plan Core Strategy [2012].

13.Reason: To comply with the London Plan’s SPG on Sustainable Design and Construction and Policy 7.14 of the London Plan in relation to air quality.

14.Reason: Reason: To comply with the London Plan’s SPG on Sustainable Design and Construction and Policy 7.14 of the London Plan in relation to air quality.

15.Reason: Dust and other air pollution from demolition and construction can impact greatly on the health and quality of life of people working on and living close to these sites if they are badly managed Informative in relation to the above condition

16.Reason: In the interests of the future health of the occupiers of the development in accordance with Policy CS13 of the Waltham Forest Local Plan Core Strategy (2012) and policy DM24 of the Waltham Forest Local Plan - Development Management Policies (2013).

17.Reason: To ensure that the amenities of occupiers are protected from the poor air quality in the vicinity. In the interests of the future health of the occupiers of the development in accordance with Policy CS13 of the Waltham Forest Local Plan Core Strategy (2012) and policy DM24 of the Waltham Forest Local Plan - Development Management Policies (2013).

18.Reason: To ensure a satisfactory appearance and in the interest of local amenity and biodiversity in accordance with Policies CS15 of the Waltham Forest Local Plan Core Strategy (2012), and Policies DM23,

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DM32, DM35 of the Waltham Forest Local Plan Development Management Policies (2013).

19.To ensure that the amenities of occupiers are protected from the poor air quality Policy CS13 of the Waltham Forest Local Plan Core Strategy (2012) and policy DM24 of the Waltham Forest Local Plan - Development Management Policies (2013).

20.Reason: To ensure a satisfactory appearance and in the interest of local amenity and biodiversity in accordance with Policies CS15 of the Waltham Forest Local Plan Core Strategy (2012), and Policies DM23, DM32, DM35 of the Waltham Forest Local Plan Development Management Policies (2013).

21.Reason: In the interests of highway and pedestrian safety in accordance with policies CS7 and CS15 of the Waltham Forest Local Plan Core Strategy (2012).

22.Reason: In the interests of the future health of the occupiers of the development in accordance with Policy CS13 of the Waltham Forest Local Plan Core Strategy (2012) and policy DM24 of the Waltham Forest Local Plan - Development Management Policies (2013).

23.Reason: In the interests of the sustainability and energy efficiency of the development and to meet the requirements of policy 5.2 of the London Plan (2015). In the interest of sustainability, energy efficiency and to provide a high quality development in accordance with Policy CS4 of the Waltham Forest Local Plan Core Strategy (2012) Policy DM10 of the Waltham Forest Local Plan Development Management Policies (2013).

24 Reason: In the interests of future health of occupiers of the development and to protect pollution of groundwater, in accordance with policies CS4 and CS13 of the adopted Waltham Forest Local Plan - Core Strategy (2012) and policies DM23, DM24 and DM34 of the adopted Waltham Forest Local Plan Development Management Policies (Oct 2013)

25 Reason: To minimise the water use of the development, in accordance with the requirements of policy 5.15 of the London Plan (2015).

26 Reason: In the interests of future health of occupiers of the development and to protect pollution of groundwater, in accordance with policies CS4 and CS13 of the adopted Waltham Forest Local Plan - Core Strategy (2012) and policies DM23, DM24 and DM34 of the adopted Waltham Forest Local Plan Development Management Policies (Oct 2013)

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27 Reason: The proposed works will be in close proximity to underground sewerage utility infrastructure. Piling has the potential to impact on local underground sewerage utility infrastructure. The applicant is advised to contact Thames Water Developer Services on 0800 009 3921 to discuss the details of the piling method statement.

28 Reason: To ensure that the water supply infrastructure has sufficient capacity to cope with the/this additional demand.

29 Reason: To ensure adequate security arrangements are implemented and to comply with Policy CS16 of the Waltham Forest Local Plan Core Strategy (2012) and Policy DM33 of the Waltham Forest Local Plan Development Management Policies (2013).

Informative

1. To assist applicants the Local Planning Authority has produced policies and written guidance, all of which is available on the Council’s website and which offers a pre planning application advice service. The scheme was submitted in accordance with guidance following pre application discussions and the decision was delivered in a timely manner.

2. Construction and demolition works audible beyond the boundary of the site should only be carried out between the hours of 0800 and 1800 hours Mondays to Fridays and 0800 and 1300 hours on Saturdays, and not at all on Sundays or Public/Bank Holidays.

Construction Management Statement condition:

The submitted method statement shall include details of:

1. Site hoarding

2. Wheel washing

3. Dust suppression methods and kit to be used

4. Bonfire policy

5. Confirmation that all Non Road Mobile Machinery (NRMM) comply with the Non Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999

6. Confirmation if a mobile crusher will be used on site and if so, a copy of the permit and indented dates of operation

7. Site plan identifying location of site entrance, exit, wheel washing, hoarding, dust suppression, location of water supplies and location of nearest neighbouring receptors

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8. Copy of an asbestos survey

Thames Water:

3. A Trade Effluent Consent will be required for any Effluent discharge other than a 'Domestic Discharge'. Any discharge without this consent is illegal and may result in prosecution. (Domestic usage for example includes - toilets, showers, washbasins, baths, private swimming pools and canteens). Typical Trade Effluent processes include: - Laundrette/Laundry, PCB manufacture, commercial swimming pools, photographic/printing, food preparation, abattoir, farm wastes, vehicle washing, metal plating/finishing, cattle market wash down, chemical manufacture, treated cooling water and any other process which produces contaminated water. Pre-treatment, separate metering, sampling access etc, may be required before the Company can give its consent. Applications should be made at http://www.thameswater.co.uk/business/9993.htm or alternatively to Waste Water Quality, Crossness STW, Belvedere Road, Abbeywood, London. SE2 9AQ. Telephone: 020 3577 9200.

Thames Water would advise that with regard to sewerage infrastructure capacity, we would not have any objection to the above planning application.

4. The application is subject to both the Mayoral and the Waltham Forest Council Community Infrastructure Levy.