Document Index

Section 1 Site location map Section 2 Application Summary Section 3 Officer report

Stakeholders

Planning Case Officer Ms Astra Spyrou Applicant Mr Lello Nicolaou Agent. Mr Saad Hindosh

50 Kingston Road Surrey KT3 3LZ

Application Reference 08/02907/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

Officer Report For Planning Committee

Section 1 – Site Location Map

Section 2 – Application Summary

Location 2-6 Weir Road London SW12 0NA

Ward Thornton

Proposal Application Demolition of existing buildings and erection of part 1/part 2 storey warehouse building to include ancillary bulk timber store, sawmill and showroom with associated landscaping, alterations to existing crossovers and provision for 11 car/light goods vehicle parking spaces and 1 disabled parking space.

Applicant

Mr Lello Nicolaou

Agent Mr Saad Hindosh 50 Kingston Road Surrey KT3 3LZ

Date valid

29 July 2008

Case Officer

Ms Astra Spyrou

Application Reference

08/02907/FUL

Recommendation(s) Grant Planning Permission

Constraints

Advert Publication Date

15th August 2008

Site Notice posted on 15th August 2008

1. Summary of Main Issues 1.1. The acceptability of the proposed employment uses on the site and its intensification; 1.2. The design of the new building and the visual impact upon the setting of the adjacent

conservation area; 1.3. Impact on the amenity of neighbouring residents; 1.4. Transport implications of the proposal and if it has overcome previous concerns; 1.5. Sustainability and renewable energy issues and; 1.6. Planning Obligations. 2. Site Description: 2.1. The application site is located on the southern side of Weir Road at its western end

and is in close proximity to the junction on Zennor Road and beyond Cavendish Road. It is triangular in shape and narrows from a 57m (north-facing) frontage to the rear boundary (south facing), which is approximately 24m in width. The site comprises 0.3412 hectares in total. It has been developed incrementally over time and a range of buildings occupies the site that are between one and three stories in height. Both vehicular and pedestrian access is from Weir Road which serves a car park sited at the front of the buildings.

2.2. The site is currently vacant and was last occupied by a variety of employment uses

including a catering suppliers (with trade counter), a vehicle repair and MOT test centre, a garage door repair service and a private hire taxi firm and associated off street car parking. Prior to this, evidence from a Planning Inspector's report in 2000 indicates that the site has supported a range of other uses that includes a petrol filling station, offices and a printing company.

2.3. A mixture of uses characterise the surrounding locale including industrial, warehousing

and residential. The Zennor Road industrial estate is located immediately to the west and south of the site boundaries and comprises single storey light industrial units. To the east, adjacent to the site is a large warehouse building occupied by a cash and carry catering business and beyond is the office building of Standwood House. To the immediate north, across Weir Road is a recently constructed self storage building and associated car parking operating as the Big Yellow self storage company. To the west of this is the Memon Community Centre comprising a large three storey building and to the east is No.9 Weir Road a three storey residential property. Towards the junction of Cavendish Road and Radbourne Road, the character is predominantly residential.

2.4. The site is designated as a Key Industrial and Business Area (KIBA) under the

Council's Unitary Development Plan (UDP) Proposals Map and is not subject to any further designations. However it does fall within the setting of the La Retraite Conservation Area (CA36) which lies to north west and north east, on the opposite side of Weir Road.

2.5. Weir Road is a local distributor road which connects Cavendish Road to the west with

Atkins Road to the east. The site has a Public Transport Accessibility Level (PTAL) of three which indicates moderate access to public transport, it is also located within a Controlled Parking Zone (CPZ).

3. Planning History: 3.1. In 2000 the Local Planning Authority were minded to refuse a planning application for

the demolition of part of the existing buildings to provide for a new building containing 14 self contained flats, B1 floorspace (1336 sqm) and alterations to the retained building to provide for 1133 sqm of B1 use class including provision for car parking.

(00/01220FUL). 3.2. This scheme was appealed under the grounds of non-determination and was

subsequently dismissed by the Planning Inspectorate in 2001. In dismissing the appeal the Inspector considered that:

• The introduction of residential onto the site would threaten the long term prosperity of the employment uses in the vicinity, since the continuing business uses would be likely to be subject to complaints regarding noise and disturbance even if the B1 uses within the site were compatible with residential amenity.

• It was not considered that that the scheme was compliant with UDP employment policy, the Inspector disagreed that there was no effective demand for the land or buildings for employment generating activities.

• The design, height, bulk and scale of the scheme would be over dominant and would therefore harm the character and appearance of the street scene.

• The proposal did not provide a satisfactory mix of dwellings.

• Unacceptable standard of living accommodation for potential occupiers. 3.3. In June 2005 planning permission was granted under delegated powers for the

retention of the frontage building in office use and forecourt parking and the re-development of the rear of the site to include the erection of a single storey building (8m high) for warehouse use (B8 use class). (ref:05/01312/FUL).

3.4. In April 2007 planning permission was refused under delegated powers for the

demolition of the existing buildings and the erection of part 1/part 2 storey warehouse building with associated landscaping, alterations to existing crossover and provision for 11 car parking spaces and 1 goods vehicle space. (ref:07/04844/FUL). The scheme was refused in terms of:

• Highway and pedestrian safety in relation to a failure to demonstrate that the development would not result in an unacceptable increase in road traffic within the vicinity which would unduly affect road safety and the free flow of traffic and that the proposal would be contrary to the aims of encouraging sustainable modes of transport.

• Over provision of car parking. Through the absence of a satisfactory justification the proposal would conflict with the aims of UDP policy, particularly with respect to managing traffic, restraining demand, improving road safety and minimising environmental impact.

• Failure to provide an adequate Travel Plan which would satisfactory mitigate the potential transport impacts of the proposal.

3.5. The principle of the demolition of the buildings on site, the retention of the site for

employment purposes and increase in floor space did not raise objection. Neither did the design nor massing of the scheme that was considered to result in an acceptable relationship with the surrounding street-scene and conservation area and the amenities of nearby occupiers.

4. Current Proposal Details: 4.1. This scheme currently under review is essentially a re-submission of the refused

scheme (07/04844/FUL). As before it is proposed to demolish all of the existing buildings and erect a part one and part two storey warehouse building to include ancillary bulk timber store, sawmill and showroom (Sui-Generis use class). The proposal would also include landscaping, alterations to the existing access and the provision of eleven car parking spaces and 1 disabled parking space and refuse and recycling storage.

4.2. The design of the scheme proposes a modern utilitarian warehouse building at a

predominant height of two stories to a maximum height of 9.9m to the flat roof. A single storey showroom with glass frontage would be sited near the eastern boundary at the front of the site. The footprint of the building is guided by the shape of the site and would include a wide frontage tapering in width towards the southern boundary. The building footprint would be in the form of an irregular u shape and would include a servicing area in the central section accessed from Weir Road along the western boundary. Twelve car parking spaces would be provided that will be accessed from two points on Weir Road. Soft landscaping would be included at the front of the site a brick and railing boundary treatment would enclose the frontage.

4.3. The proposed building would be occupied by a timber merchant/manufacturer that

processes sawn timber into moldings, all round timber and joinery works including the making of doors and windows. In addition, it will also operate as a timber merchant that allows visiting members of the public to buy timber from the site. The company currently operates from an existing site at Acre Lane, Brixton. The proposed floor area is almost identical to the existing site in Acre Lane, however the applicant has stated that whist it is virtually the same, the new site will be purpose built with a modern warehouse and mill with modern machinery and will enable more efficient operations. Further, that the existing operations at Acre Lane have been fitted into existing old buildings resulting in an inefficient use of resources and machinery.

4.4. The main differences and similarities between the current and refused scheme

(07/04844/FUL) are:

• A revised Transport Assessment and draft Travel Plan has been submitted.

• The amount of employment floor space is similar to the refused scheme however has slightly reduced from 2,479 to 2449 sqm.

• As before it is stated that 44 members of staff will be employed.

• The design, height and floor area of the building is broadly similar to the refused scheme, however would include additional fenestration and enlarged roller shutter door on the Weir Road elevation.

• The ground floor footprint is similar however the showroom would be sited approximately 2m from the eastern side boundary.

• The disabled parking space is now located closer to the entrance of the building.

• As before, sustainable design has been incorporated into the scheme in the form of a biomass boiler to reduce the developments carbon emissions.

5. Consultations and Responses

Consultations

5.1. Two site notices were posted in the vicinity of the site on the 14th August 2008 and an advert published in the local press on 15th August 2008. The occupiers of the following neighbouring properties, including all flats, were consulted by letter: 1-8 Charlwood Mansions, Memon Centre, 7-13 Weir Road (odds), 2-64 Weir Road (evens), 1-8 Benjamin Mews, 1-6 and 28 Zennor Road and 245 and 267 Cavendish Road.

5.2. The Streatham Society were also notified of the proposal however have not

responded.

Responses

5.3. Three letters of representation have been received objecting on the following grounds:

Material planning objections Response

The proposal will increase congestion, traffic, traffic noise and hazards. Weir Road is a residential road and there is already too much traffic and heavy goods vehicles. This has been compounded by the recently opened Big Yellow self storage business. The proposal will make an existing problem even worse. The scheme is not in keeping with the surrounding development in design terms.

The Council's Transport Officer has commented that the existing traffic flows at the Acre Lane site are likely to be similar to the application site. A survey has been undertaken at the existing site in Acre Lane which demonstrates that there is unlikely to be significant impacts regarding the free flow of traffic and capacity on adjoining roads if the level experienced was replicated at the application site. In addition with respect to the traffic generation levels that could be experienced at the existing site in Weir Road, it is assumed that a catering supplier and garage door repair service would generate light goods vehicles such as vans. Whilst the above has been taken into account it is likely that future traffic generation would be larger vans and lorries. In this instance, in order to mitigate the impacts of the proposal it is reasonable to request a S106 contribution towards improving road safety in the vicinity of the site. This is to ensure that other road users; particularly pedestrians and cyclists are not prejudiced by the proposed use. A road safety scheme is currently proposed for Cavendish Road which includes works to improve the junction with Weir Road and a contribution of £20,000 is considered acceptable. These particular junction works will allow articulated lorries to turn in and out of Weir Road. In addition a route management plan for deliveries is recommended that can be secured via condition. The car-parking layout is considered acceptable and would reduce the number of car parking spaces over the existing situation. Given this, the limited size of the car park and separation distances involved to residential occupiers, it is considered that it would not result in a measurable increase in noise and disturbance. The overall design of the scheme is considered to be a product of the uses within it and therefore the utilitarian design approach adopted is considered appropriate, particularly in respect to this mainly commercial area. It is considered that the design, scale, massing, siting and treatment

The planning contribution secured by the Big Yellow self storage business has not been utilised for road safety measure to date.

of the front facade is acceptable and would be in keeping with the immediate commercial character of the locale. Given the suitable design of the scheme, the proposal would not harm the setting of the nearby conservation area or harm views into or from the area. This is not a material planning consideration with respect to the determination of the current scheme.

5.4. The following consultees within the Council were consulted: Conservation and Design;

Transport and Highways; Planning Policy and Regulatory Services. No objections have been raised and their comments, were appropriate are included in the preceding sections of the report.

6. Planning Considerations 6.1. Relevant Policies

National and Regional Guidance 6.1.1. Central Government advice is contained in a range of Government Circulars, or

Planning Policy Statements (PPS) and/or Planning Policy Guidance Notes. These contain general policies which aim to guide the local planning authority in securing good local planning policies based on real and sound objectives and the need to provide high quality, well thought out and sustainable developments, which make a positive contribution to the locality and which help to protect or enhance the environment.

6.1.2. The following national guidance is considered particularly relevant to this application:

PPS 1 (Delivering Sustainable Development) PPS 22 (Renewable Energy) PPG 4 (Industrial, Commercial Development and Small Firms) PPG 13 (Transport) PPG15 (Planning and the Historic Environment) PPG 24 (Planning and Noise)

The London Plan (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 transport.

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

policies. 6.1.6. The key polices of the plan considered relevant in this case are:

Policy 3B.1 (Developing London’s economy) Policy 3B.4 (Industrial Locations) Policy 3C.2 (Matching development to transport capacity) Policy 4A.1 (Tackling climate change) Policy 4A.3 (Sustainable design and construction) Policy 4A.7 (Renewable Energy) Policy 4B.2 (Promoting world-class architecture and design) Policy 4B.3 (Enhancing the quality of the realm)

Unitary Development Plan (August 2007):

6.1.7. The following policies of the Lambeth Unitary Development Plan (August 2007) are

considered relevant to this application: - Policy 1 The vision for Lambeth - Policy 5 The Sequential Approach to Uses which Attract a lot of People. - Policy 6 Development of Brownfield Sites - Policy 7 Protection of residential amenity - Policy 8 Accessible Development/Integrated Transport - Policy 9 Transport Impact - Policy 14 Parking and traffic restraint - Policy 22 Key Industrial and Business Areas - Policy 31 Streets, character and layout - Policy 32 Community safety/Designing out crime - Policy 33 Building scale and design - Policy 34 Renewable Energy in Major Development - Policy 35 Sustainable Design and Construction - Policy 39 Streetscape, Landscape and Public Realm Design - Policy 47 Conservation Areas - Policy 53 Infrastructure and Utilities - Policy 54 Pollution, public health and safety - Policy 56 Waste - Policy 57 Planning Obligations

Adopted Supplementary Planning Guidance: 6.1.8 The following Supplementary Planning Documents are considered relevant to the this

application: Supplementary Planning Document titled ‘Sustainable Design and Construction’ and the Supplementary Planning Document titled ‘Section 106 Planning Obligations’.

6.2. Land use 6.2.1. The application site is currently vacant and has a long established history of

employment use comprising a variety of BI, B8 and Sui-Generis use classes and is designated as a KIBA under the UDP proposals map. KIBA’s are Lambeth’s “Locally Significant Industrial Sites” as defined in the London Plan. Policy 3B.4 (Industrial Locations) of the London Plan states that boroughs should identify and develop local policies and criteria to manage Locally Significant and other, smaller industrial sites.

6.2.2. Under Policy 22 of the UDP (Key Industrial and Business Areas) paragraph 4.11.114

affirms that in these areas there has been little difficulty in attracting such uses, where sites have been properly marketed. They are needed partly to safeguard employment, but also:

• to maintain a balanced distribution of land uses in the borough available to differing skill levels;

• to maintain a full range of unit and site sizes to aid inward investment and firm retention;

• to reduce commuting for borough residents who can often more easily access employment in such uses (especially men);

• and to reduce social exclusion and the need to travel by providing/maintaining incubator sites.

6.2.3. To this end Policy 22 of the UDP states that KIBAs are safeguarded for Class B uses

incorporating business, industrial, warehousing and other employment generating uses that are commonly found in industrial areas. The policy further considers that development in these areas, which protects and improves land in employment uses and increases employment levels will be encouraged, as will measures to improve access to employment.

6.2.4. The existing buildings have been developed over time in a somewhat ad-hoc manner

and are of minimal architectural merit and accordingly there is no objection to their demolition. In any case they would not afford any statuary protection. The proposal results in the intensification of the land for employment use and would provide an additional 1419 sqm of additional commercial floor space. The total floor area of 2,449 sqm would comprise of 383 sqm of A1 retail showroom on the ground floor, and 2066 sqm of B8 warehouse, B2 saw/joinery mill and B1 office accommodation and storage on the ground and first floors. It is anticipated that 44 members of staff will be employed.

6.2.5. The provision of a timber merchant would maintain and increase the employment use

on this site and is supported in policy terms. Policy 22 safeguards KIBAs for B use classes (business, industrial and warehousing) and other uses falling outside a use class that are commonly found in industrial areas. Whilst the provision of 383sqm of A1 retail is proposed on the ground floor, given this relatively moderate amount in comparison with the total floor area and that this use would support and maintain the predominate B use classes on the site, in this instance it is considered acceptable. This small amount of retail floor space is considered to maintain and complement the primary function of the site as employment. Given the overall modest size of the retail floor area and that it would provide an ancillary function to the main use of the site, whilst it is located outside of a town centre the scheme is not considered to prejudice the aims of Policy 5.

6.2.6 Overall, the scheme would be compatible with the area in land use terms and would

not prejudice the aims of Policy 22. However, this would only be the case if the design of the scheme has an acceptable impact on the quality, character and amenity of the area and adjacent conservation area, the amenity of neighbouring residents and the functioning of the local road network.

6.3. Design and Conservation Considerations 6.3.1. To secure a building of appropriate design, scale, massing, height and bulk reference

must be made to Policy 33 (Building, Scale and Design), which requires high quality design that positively contributes to the surrounding area. In particular Policy 33 states that infill development should be compatible with:

(i) The site, context and historic development of the area; (ii) Existing topology, landscape and boundary treatment; (iii) Prevailing building lines and plot sizes; (iv) The height, massing and scale of neighbouring buildings; (v) Roof profiles and silhouettes of adjoining buildings; (vi) Colour, type, source and texture of local materials; (vii) Architectural compositions including patterns and rhythms and set pieces of

townscape and; (viii) Established gaps and open spaces, views and skylines.

6.3.2. Policy 47 of the UDP states that development outside conservation areas should not

harm the setting of the area or harm views into or from the area. 6.3.3. The frontage of the proposal would be two stories in height to a maximum height of

9.9m and a single storey fully glazed addition would be located near the eastern boundary. This element would project further forward of the main building line and the adjacent neighbour to the east. The principle front building line of the scheme would be inline with that of the adjacent neighbour, which will ensure a consistent appearance within the street-scene and would retain a suitable relationship between the adjacent properties to the east and west. The single storey element would project further forward of the established building of this part of the street. However, this is considered acceptable given its generally modest form and that its fully glazed exterior would render a modern lightweight appearance, which would not compete with the proposed host building or the neighbouring development.

6.3.4. The overall design of the scheme is considered to be a product of the uses within it

and therefore the utilitarian design approach adopted is considered appropriate, particularly in respect to this mainly commercial area. The front elevation has been broken up into two main elements, one with a vertical emphasis towards the eastern boundary and one with a horizontal focus including composite cladding panels to the west. These two contrasting elements would sit either side of a full height shutter door. This approach, combined with the acceptable height of the building is considered to reduce the appearance of bulk and mass within the street-scene and would introduce visual interest, which is further enhanced through the inclusion of fenestration details. In addition the fully glazed addition provides an active frontage onto Weir Road, which would ensure an approachable humane scale within this commercial locale. The use of materials and notably their colour would be suitably appropriate and discreet and therefore would not appear unduly prominent.

6.3.5. It is considered that the proposed boundary treatment is in keeping with the

development and the surrounding commercial buildings and would provide a context within which the host building is seen. Landscaping is proposed on the site consisting of different surfacing treatments and planting will add interest to external areas and will soften the car parking area. Overall the forecourt treatment is considered an improvement upon the existing situation which is entirely dominated by vehicle hard standing.

6.3.6. In summary it is considered that the design, scale, massing, siting and treatment of the

front facade is acceptable and would in keeping with the immediate commercial character of the locale. Given the suitable design of the scheme, the proposal would not harm the setting of the nearby conservation area or harm views into or from the area. The Councils Conservation Officer concurs with this view.

Compliance with the Disability Discrimination Act

6.3.7. The submitted plans indicate that there would be level access to the ground floor showroom and a ramp has been provided. In addition a disabled parking space is included. The development would have to meet Part M of the Building Regulations, which deals with aspects of the Disability Discrimination Act 2005 (DDA) including width of doors and corridors, level thresholds, toilet facilities, stairs etc. It is considered that the scheme complies with the aims of the disability and discrimination legislation and Policy 31 (Streets, Character and Layout).

Secured by Design

6.3.8 The application has been assessed having regard to Policy 32, which requires

developments should enhance community safety. The policy states that development will not be permitted where opportunities for crime are created or where it results in an increased risk of public disorder. This requirement is contained within Section 17 of The Crime and Disorder Act 1998 which imposes an obligation on the Local Planning Authority to consider crime and disorder reduction in the assessment of planning applications.

6.3.9 The application was referred to the Metropolitan Police Crime Prevention Design

adviser for assessment of whether it complies with the Secured by Design Standards. Although formal comments have not been forthcoming, in order to ensure that the development is secured by design and would meet the purposes of s17 of the Crime and Disorder Act a condition requiring the scheme to incorporate these and other security measures is recommended.

6.4. Amenity Impact 6.4.1. Under Policy 33 (Building Scale and Design), development should not unacceptably

harm residential amenity. The Council will ensure that due consideration is given to protecting neighbouring residents in terms of visual intrusion, overbearing impact, loss of light, privacy and noise and disturbance. Additionally Policy 7 (Protection of Residential Amenity) states that the right of people to the quiet enjoyment of their homes will be respected.

6.4.2. The existing building stands approximately 10.2m high to the apex of the roof and is

set back from Weir Road for a distance of 15.5m and observes an ‘L’ shaped footprint. An expanse of hard-standing is observed at the front and rear of the site and towards the western site boundary. The proposal would maintain similar building line in terms of the front elevation and would stand at an overall uniform height of 9.9m, however the proposal would incorporate new built development in the rear section of the site.

6.4.3. The proposal site is surrounded on all sides by commercial uses and is within a

designated KIBA which is specifically set aside for the promotion and retention of employment use and job creation within the Borough. The adjoining neighbour to the east comprises a cash and carry premises and a side flank wall to an approx height of 5.4m is located on the eastern boundary. Beyond the wall is the flank elevation of a two storey building on this boundary. The wall is absent of any principle side windows which face the site. However there are windows located on the rear building of this neighbour facing north. To the west are the industrial units located on Zennor Road which are sited on lower ground beyond existing boundary treatment and vegetation. Given the commercial nature of the adjoining sites, the suitable design of the scheme and resultant relationship, whilst it would introduce new development to the rear of the site and additional bulk, it is considered there will be no undue impact on the amenities of these existing commercial properties.

6.4.4. The closest residential occupiers are located on the opposite side of Weir Road and

include the flats of no.9 Weir Road to the north east and Charlewood Mansions to the north west. The separation distances involved from the principle building line would be approximately 45m when measured from the closest point. The existing building line would be maintained and as existing the scheme would be set back from the pavement for a distance of approximately 15m. In comparison to the existing building, the scheme would not stand higher than roof apex, which is 10.2m high. When viewed from Weir Road, the scheme would stand 8m high gently sloping to the highest point at 9.9m. The retail showroom would be sited near the north eastern boundary and would project approximately 13.4 further forward than the principle building line and would stand 3.6m high.

6.4.5. Given that the main bulk of the building would, as existing be set back from Weir Road,

the separation distances involved across Weir Road, the acceptable height and roof form (moderately pitched) and the current buildings on the site; it is considered that the relationship to the nearest residential occupiers across Weir Road is acceptable. The scheme is considered not to appear unduly intrusive or overbearing and will not appear overly dominant within the street-scene. Whilst fenestration is proposed to the upper floors facing onto Weir Road, the number of windows would be less than the existing situation in this position, therefore no new increased levels of significant overlooking would be introduced. In any case, the distance of around 45m to the residential properties opposite would ensure that there would be no undue privacy impacts.

6.4.6. The proposal passes the Building Research sunlight/daylight test and would not result

in a significant loss of light to neighbouring properties. 6.4.7. Noise and disturbance: 6.4.8. Recent planning history infers that there is no hour’s restriction related to the site and

the lawful use of the site comprises a range of B use classes. This is reflected by its designation as a KIBA that permits the full range of B use classes including B2 General Industrial. The proposed hours of use would be 7.00am - 5.30pm Monday to Friday and 8.00am – 4.00pm, the premises will be closed on Sundays. The use of the building as a joinery workshop and sawmill is envisaged to generate noise, however this is to be expected within a designated industrial area. Given the suitable hours of operation, which will be secured via condition; that the industrial processes will be contained within the confines of the building; the separation distances to the nearest noise sensitive occupiers and conforming uses adjacent to the site it is considered that the proposal would not incur unacceptable impacts in terms of noise and disturbance. The Council’s Environmental Heath Officer has raised no objections to the proposal.

6.4.9. The car parking layout is considered acceptable and would reduce the number of car

parking spaces over the existing situation. The number of existing parking spaces are estimated to at least 18 parking spaces at the front of the site in addition to at least 14 spaces at the rear. The proposal includes 12 spaces at the front of the site. Given this, the limited size of the car park and separation distances involved to residential occupiers, it is considered that it would not result a measurable increase in noise and disturbance.

6.4.10. In summary, given the designation of the site which is safeguarded for industry; the

suitable design of the scheme; the adjacent conforming uses and the separation distances involved to residential occupiers, it is considered that the proposal will not represent an un-neighbourly form of development.

6.5. Highways and Transportation Issues 6.5.1 Policy 9 of the UDP states that planning applications will be assessed for their

transport impact, including cumulative impacts on highway safety; on the environment and the road network; and on all transport modes, including public transport (in particular, the impact on demand for and the operation of public transport), walking and cycling. The policy goes on to state that any increase in traffic generated by development, should not increase levels of traffic congestion, lead to a situation where the condition of highway safety is reduced, cause material harm to the speed and/or reliability of bus and other public transport services or undermine traffic reduction and/or management measures.

6.5.2. The site is located within a Controlled Parking Zone and has a moderate Public

Accessibility level of 3. The London Plan Policy 3C.2 (matching development to transport capacity) seeks to ensure that on site car parking at new developments is the minimum necessary and that there is no over provision that could undermine the use of more sustainable non car modes of travel. The scheme would provide a total of 12 parking spaces with 4 of these allocated as staff parking and the remaining eight spaces will be used as visitor customer parking. It is anticipated that there will be 44 staff employed on the site. In respect to off street parking provision the relevant policy is 14, which refers to maximum standards being set for all types of development. The maximum standards for the combination of proposed uses for a scheme of this size equates to nine spaces and the scheme provides four more than the UDP standard.

6.5.3. Under the refused scheme (07/04844/FUL) twelve off street car parking spaces were

proposed and objection was raised given that the submission failed to provide satisfactory justification for this overprovision. A revised Transport Statement has been produced following discussions with the Council's Transport Department. In this case the number of proposed parking spaces is considered appropriate given the nature of the use of the site. The Council's parking standards for A1 retail applies to general retail units which can be considered, in the main, to be visited by a significant number of the public using public transport. In this particular circumstance, the scheme would provide a showroom/sales area for timber merchants which, as the transport statement outlines, by its nature would generally sell bulky items. In addition, it is further outlined that a high proportion of visitors would be tradesmen acquiring building materials who would also rely on their own vehicles rather than public transport. As result the applicant has stated that it is imperative that in order to operate the business efficiently sufficient parking is provided for customers. In the event of approval a condition can be imposed that secures a parking management place and signage denoting car parking spaces for employees and visitors. Given the justification provided and that the parking on the site would be reduced in terms of the existing situation the Council's Transport Officer confirms that 12 spaces are acceptable in this instance.

6.5.4. Under the refused scheme it was considered that the applicant had failed to

satisfactorily demonstrate that an unacceptable increase in road traffic within the vicinity would not occur and that the scheme would not prejudice highway safety and the free flow of traffic. The revised submission includes a revised traffic generation study and plans of the existing site in Acre Lane, which is similar in size to the proposal. The Council's Transport Officer has commented that the existing traffic flows at the Acre Lane site are likely to be similar to the application site. A survey has been undertaken at the existing site in Acre Lane which demonstrates that there is unlikely to be significant impacts regarding the free flow of traffic and capacity on adjoining roads if the level experienced at the Acre Lane site were to be replicated at the application site. In addition with respect to the traffic generation levels that could be experienced at the existing site in Weir Road, it is assumed that a catering supplier and garage door repair service would generate light goods vehicles such as vans. Only peak hour traffic generation has been supplied for the existing site at Acre Lane and the previous use of the application site. Whilst this is considered sufficient enough information, which is comparable to that of the proposal, it is likely that future traffic generation would be larger vans and lorries. In this instance, in order to mitigate the

impacts of the proposal it is considered reasonable to request a S106 contribution towards improving road safety in the vicinity of the site. This is to ensure that other road users, particularly pedestrian and cyclist highway safety is not prejudiced by the proposed use. A road safety scheme is currently proposed for Cavendish Road, which includes works to improve the junction with Weir Road, and a contribution of £20,000 is considered acceptable. These particular junction works will allow articulated lorries to turn in and out of Weir Road. In addition a route management plan for deliveries is recommended that can be secured via condition.

6.5.5. Given the provision of additional information in the form of a revised Transport

Statement incorporating a study of the existing site and current operations at Acre Lane, through the impositions of condition and the provision of a planning contribution to mitigate the impacts of the development it is considered that the scheme has overcome previous concerns.

6.5.6. In terms of access, vans and lorries visiting the site to collect timber would enter via

the western access off Weir Road, pass along the access road to the west of the building and turn within the yard to the southern end of the site before leaving the site by passing through the warehouse to load or unload as necessary before exiting the site using the eastern access. This has been demonstrated by swept path diagrams. In addition it has also been established that articulated lorries could adequately access the site and that the site layout allows cars and lorries to queue within the site. The Transport Study outlines that such large vehicles would access the site on average once per day. The Council’s Transport Officer has raised no objections to servicing and access arrangements.

6.5.7. A revised Travel Plan has been submitted with objectives to reduce the percentage of

staff travelling to/from work by car through healthy and sustainable travel and to increase the choice of travel options. It is considered that the Travel Plan provides a genuine commitment towards reducing the percentage of staff travelling to and from work by car by encouraging alternative modes of transport and would now therefore be acceptable and overcomes previous concerns. An annual report will be secured by planning condition.

6.5.8. The proposal would generate the requirement for 20 cycle spaces as per Policy 14

Parking and Traffic Restraint. Given the nature of the business it is unlikely that customers would be travelling to and from site by bicycle. The travel plan states that staff will be encouraged to cycle and use public transport to and from work. It is intended that that cycle parking for employees will be provided within the building. In addition a staff shower will be provided which is welcomed. In the event of an approval a condition requiring details to show the provision of covered and secure cycle storage for 20 cycle spaces is recommended.

6.5.9. Refuse storage is proposed at the rear of the site. A condition is recommended

indicating further details of this. 6.5.10. In summary it is therefore considered that, through the provision of additional

information in the form of the revised Transport Assessment and draft Travel Plan, the scheme has satisfactorily overcome previous concerns and the development will not prejudice the free flow of traffic in the area and highway safety and complies with UDP transport policies.

6.6. Sustainability and Renewable Energy Issues 6.6.1. The previous application was submitted prior to the introduction of the adoption of the

Supplementary Planning Document on Sustainable Design and Construction. The document is now adopted and as such applies to the proposal. The development is

required to incorporate sustainable design measures and the building must achieve a BREEM rating of ‘Very Good’ at minimum. In addition, at least 10% of the carbon emissions produced from the development must be met by renewable energy measures on site.

6.6.2. The carbon emissions of the development have been modelled by assessing the

amount of energy used in Fulham Timber Yard in Acre Lane, which has a similar floor-space to the proposed scheme. The carbon emissions per year is 9321 Kg of Carbon and 10% of this figure would be required to be provided by renewable energy sources on site.

6.6.3. It is proposed to install a biomass boiler, which would provide heating and hot water

production. The existing timber yard generates large volumes of sawdust, however the applicant states that there are issues surrounding the direct burning of this material. Therefore a wood pellet plant is proposed on site and the sawdust will be turned into pellets. The pellets would be used as a fuel for the biomass boiler. This would reduce the amount of CO2 emissions to 4791 KgC and would equate to a 49% reduction in emissions.

6.6.4. The utilisation of surplus materials on site for the biomass boiler would reduce the

need to deliver wood fuel from outside the site therefore removing any highway implications that otherwise may result. The applicant has confirmed that the biomass boiler would be clean air compliant.

6.6.5. In the event of approval, details of the biomass heating system including manufacture's

details specifications and the associated extract flue will be requested prior to the first occupation of the development in order to ensure that the scheme would appear visually acceptable and would not adversely effect air quality.

6.6.6. There has been no submission by way of a pre assessment of whether the

development would meet the minimum standard of ‘Very Good’ in accordance the BREEAM rating. In the event of approval a condition is recommended requiring the applicant to provide details of how the scheme would achieve the prescribed minimum ‘Very Good’ criteria. The condition will also need to ensure that these measures are subsequently implemented.

6.7. Contamination 6.7.1 The site was previously occupied as a petrol filing station and has a long history of

commercial use. In view of the change in use of the site to a more sensitive end use and the likelihood of contamination having arisen form the former use of the site, whilst a site investigation report has been supplied, it is considered that a further environmental assessment is warranted to assess the degree and nature of the contamination present and suitable remediation if necessary. In the event of an approval this can be secured via condition.

6.8. Planning Obligations

6.8.1. Under Policy 57 (Planning Obligations) of the UDP and the adopted Supplementary Planning Document titled Section 106 Planning Obligations, the Council will, where appropriate, enter into legal agreements with developers, and seek the attainment of planning obligations.

6.8.2. As the scheme provides additional commercial floor-space (1410 sqm) the SPD for

Section 106 Planning Obligations applies in terms of library and indoor sports facilities, open space improvements, local training in construction and employment and training. 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.

6.8.3. In order to mitigate localised impacts of the development, financial contributions

towards the following are considered necessary, having regard to the SPD for Section 106 Planning Obligations:

(1) A payment of £20k to finance road safety works in the vicinity of the site to ensure that

other road users, particularly pedestrians and cyclists, are not put a risk by the traffic generated from the proposed use. A road safety scheme is currently proposed for Cavendish Road which includes works to improve the junction at Weir Road. The junction works will allow articulated lorries to turn in and out of Weir Road.

(2) A contribution of £1,623.79 to finance library facilities (3) A contribution of £6,055.95 to finance indoor sports facilities (4) A contribution of £11,068.50 to finance Open Space improvements in the area (5) A contribution of £3,359.68 to finance local training in construction (6) A contribution of £19,443.90 to finance employment and training. (7) S106 monitoring and programme costs £1,038.80

The above contributions come to a total of £62,590.63 6.8.4. It is considered that the obligations secured to mitigate the development’s impact on

the area under the Heads of Terms listed above, meet all of the tests for seeking planning obligations outlined in Government Circular 05/2005 and, render this development acceptable in planning terms.

6.8.5 In the event of the applicant’s failure to complete the agreement within the statutory

period of the application, Officers recommend the application to be refuse on grounds of failure to mitigate the development’s impact on local infrastructure.

1. Conclusion

1.1. The provision of a timber merchant would maintain and increase the employment use on this site, which is in accordance with current Government guidelines, London Plan and Unitary Development Plan policies.

1.2. The scheme is considered an acceptable response to the context of the site in terms

of its layout, massing and design. The buildings would complement the built form in the immediate and wider street-scene, without harming the setting of the nearby conservation area.

1.3. The proposal would not have an undue impact on the amenity of neighbouring

residents given the suitable design of the scheme and separation distances involved by reason of loss of privacy, light, outlook and noise and disturbance nor would the building appear visually intrusive.

1.4. The proposal has overcome previous concerns and would not unacceptably

increase parking pressure or generate significant extraneous vehicular traffic within surrounding highways. The proposal would encourage the use of a more sustainable means of travel through the proviso of a travel plan.

1.5. The provision of s106 agreement securing contributions regarding transport and

local infrastructure would render the development acceptable. 2. Recommendation

Recommendation 1 Subject to recommendation 2, grant conditional planning permission subject to a S106 agreement to secure the heads of terms outlined above.

Recommendation 2

That if the Section 106 Agreement is not signed by the 28 October 2008, the Head of Development Control is given the authority to refuse the application on the grounds of lack of mitigation for the following reasons:

1) The proposed development, in the absence of a legal agreement to secure a contribution to mitigate the impacts of the development would place undue stress on local infrastructure and the local road network which would be contrary to Policy 57 (Planning Obligations) of the UDP and the adopted Supplementary Planning Document titled Section 106 Planning Obligations,

2) The proposed development, in the absence of a legal agreement to secure the

charge payable for monitoring the s106 agreement would be contrary to Policy 57 of Unitary Development Plan (2007) and the adopted Supplementary Planning Document titled Section 106 Planning Obligations.

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) and Section 51 of the Town and Country Planning and Compulsory Purchase Act 2004. 2 Samples and a schedule of materials to be used in the elevations, including windows and doors of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before any building work commences and this condition shall apply notwithstanding any indications as to these matters which have been given in the application. The development shall thereafter be carried out solely in accordance with the approved details. Reason: To safeguard and enhance the visual amenities of the locality. (Policies 31, 33, 39 and 47 of the Unitary Development Plan, 2007.) 3 Details of a scheme of the hard landscaping including boundary treatments shall be submitted to and approved in writing by the Local Planning Authority before any building work commences and this condition shall apply notwithstanding any indications as to these matters which have been given in the application. The development shall thereafter be carried out solely in accordance with the approved details. Reason: To safeguard and enhance the visual amenities of the locality. (Policies 31, 33, 39 and 47 of the Unitary Development Plan, 2007.) 4 Prior to the commencement of the development hereby permitted detailed drawings, samples and/or a specification of all finishing materials to be used in any hardsurfacing of the car parking area and the treatment of all other parts of the site not covered by the new buildings including external lighting shall be submitted to and approved in writing by the Local Planning Authority. All hard-

surfacing on the site and installation of any lighting and other external fittings shall thereafter be carried out solely in accordance with the approved details. Reason: To ensure that such works do not detract from the development itself or from the appearance of the locality in general. (Policies 31, 33, 39 and 47 of the Unitary Development Plan (2007) refer). 5 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). Reason: To ensure satisfactory landscaping of the site in the interests of visual amenity. (Policies 31, 33, 39 and 47 of the Unitary Development Plan (2007) refer.) 6 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) refer.) 7 Details of the siting and design of all walls and/or fencing including all boundary treatments shall be submitted to and approved by the Local Planning Authority in writing prior to the commencement of each of the phases of development agreed in writing by the local planning authority. Such walls or fencing as may be approved shall be erected before the initial occupation of the buildings unless the prior written approval of the Local Planning authority to any variation has been obtained. Reason: To ensure a satisfactory resultant appearance and standard of amenity of the site. (Policies 31, 33, 39 and 47 of the Unitary Development Plan (2007).) 8 Details of the biomass boiler including manufacturer's details, a certification of clean air act compliance and details of the location and dimensions of the extraction flue and hopper shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. Reason: In the interests of sustainable development and in order to protect the amenities of future residents (Policies 7, 31, 33, 34, 37 and 47 of the Unitary Development Plan (2007) refer and the adopted Supplementary Planning Document for Sustainable Design and Construction 2007).) 9 The Biomass boiler shall be installed, operated and permanently maintained so as to achieve a reduction in carbon dioxide emissions of 20% from on site renewable energy generation in accordance with Policy 4A.7 of the London Plan. Reason: In the interests of sustainable development(Policy 4A.7 of the London Plan and Policy 34 of the Unitary Development Plan (2007) and the Council's adopted Supplementary Planning Document for Sustainable Design and Construction 2007). 10 The building hereby approved shall be constructed to achieve a minimum criterion of 'Very Good' for the BREEAM Industrial standard. A BREEAM estimator assessment, indicating credits that

are expected and how this will be achieved, shall be submitted for the Local Planning Authority's approval prior to the commencement of works on site. The development shall thereafter be completed in accordance with measures set out in the estimator assessment approved. Further to this, a post construction review shall be undertaken and a BREEAM certificate demonstrating that the development has achieved the prescribed minimum 'Very Good' standard (or above) shall be submitted to the Local Planning Authority prior to the occupation of the development. Reason: In the interests of securing a sustainable development (Policy 35 of the Unitary Development Plan (2007)) and the adopted Supplementary Planning Document for Sustainable Design and Construction 2007). 12 The opening hours of the premises shall not exceed the following: 7.00am - 5.30pm Mondays to Fridays. 8.00am - 4.00pm Saturdays. Sundays closed at all times including Bank Holidays and Public Holidays. Reason: In order to protect the residential amenity of the locality in accordance with Policy 7 of the Unitary Development Plan (2007). 13 No more than 2449.8 sqm of internal gross floor area shall be provided in the building herby approved. Reason: To ensure that the development does not prejudice the free Flow of traffic and highway and pedestrian safety. (Policies 9 and 31 of the Unitary Development Plan (2007)) 14 Prior to the initial occupation of the approved development, a Route Management Plan for deliveries shall be submitted to and approved by the Local Planning Authority. The development shall be implemented and maintain in accordance with the approved Route Management Plan. Reason: To ensure that the development does not prejudice the free flow of traffic and highway and pedestrian safety. (Policies 9 and 31 of the Unitary Development Plan (2007)) 15 Within 6 months of the new access being brought into use (or in any event prior to first occupation of the buildings) all other existing access points not incorporated in the development 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 The access to the site authorise by this permission shall not commence until the details of the highways works shown of the approved plans have been agreed in writing with and implemented in full to the satisfaction of the Council as the Local Planning Authority. 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.) 17 Adequate precautions shall be taken during the construction period to prevent the deposit of mud and similar debris on the adjacent public highways in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the relevant part of development commencing. Reason: To minimise danger and inconvenience to highway users. (Policy 9 of the Unitary Development Plan (2007))

18 Refuse storage and recycling facilities for the development hereby permitted shall be provided in accordance with the requirements of the London Borough of Lambeth's 'Waste and Recycling Storage and Collection Requirements: Guidance for Architects and Developers' (May 2006) to the residential the building hereby approved and shall thereafter be retained as such for the duration of the permitted use, unless the prior written approval is obtained from the Local Planning Authority for any variations. Reason: To ensure that adequate provision is made for the storage of refuse and recycling on the site, in the interests of the amenities of the area (Policies 9, 33 and 56 of the Unitary Development Plan (2007) refers). 19 Notwithstanding the illustrations shown on the drawings already submitted, further details of the provision to be made for cycle parking in accordance with the requirements of the Council's UDP shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking shall be provided in accordance with the approved details before the buildings hereby permitted are occupied/ the uses hereby permitted commence and shall thereafter being retained solely for its designated uses. Reason: To ensure adequate cycle parking is available on site and to promote sustainable modes of transport. (Policies 9, 10 and 14 of the Unitary Development Plan (2007).) 20 A sign advising staff and visitors to the site to park in designated parking bays only shall be erected in a prominent position in the car park before the first occupation of any of the building hereby permitted and shall thereafter be retained in the approved position for the duration of the use, unless the prior written approval of the Local Planning Authority is obtained to any variation. Reason: To avoid overspill parking occurring within the site and minimise obstruction and inconvenience to users of the car park (Policies 9 and 31 of the adopted Unitary Development Plan (2007) refer.) 21 The measures set in the Travel Plan as received on 29 July 2008 shall be implemented in their entirety on the occupation of the development herby approved, and continued for the duration of the use. An annual report shall be prepared and submitted to the Local Planning Authority for assessment and approval for 3 years. Details of further measures will be required if the targets are not met in agreement with the Local Planning Authority. Reason: In order to comply with the objectives of national and local planning policies which promote sustainable development with regard to transport ((Policies 9 and 14 of the Unitary Development Plan (2007)) 22 Before the development commences a detailed site investigation shall be carried out to establish if the site is contaminated, to assess the degree and nature of the contamination present and to determine its potential for the pollution of the water environment. The method and extent of this investigation shall be agreed with the Local Planning Authority prior to the commencement of the work. Details of appropriate measures to prevent pollution of groundwater and surface water, including provision for monitoring, shall then be submitted to and approved in writing by the Local Planning Authority before development commences. The development shall then proceed in strict accordance with the measures approved unless otherwise agreed in writing by the local planning authority. . Reason: In order to ensure that the development does not pose an unacceptable risk to the quality of the groundwater. (Policies 53 and 54 of the Adopted Unitary Development Plan (2007))

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 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. 3 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. 4 You are advised of the necessity to consult the Council's Street Care team within the Public Protection Division with regard to the provision of refuse storage and collection facilities. 5 It is current Council policy for the Council's contractor to construct new vehicular accesses and to reinstate the footway across redundant accesses. The developer is to contact the Council's Highways team on 020 7926 9000, prior to the commencement of construction, to arrange for any such work to be done. If the developer wishes to undertake this work the Council will require a deposit and the developer will need to cover all the Council's costs (including supervision of the works). If the works are of a significant nature, a Section 278 Agreement (Highways Act 1980) will be required and the works must be carried out to the Council's specification. 6 You are advised of the necessity to consult the Principal Highways Engineer of the Highways team on 020 7926 2620 or 079 0411 9517 in order to obtain necessary prior approval for undertaking any works within the Public Highway including Scaffold, Temporary/Permanent Crossovers, Oversailing/Undersailing of the Highway, Drainage/Sewer Connections and Repairs on the Highways, Hoarding, Excavations, Temporary Full/Part Road Closures, Craneage Licences etc. 7 With regard to the Surface Water Drainage you are reminded that it is the developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water Thames Water recommends that the developer must ensure that storm water flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the he final manhole nearest the boundary. Connections are not permitted for the removal of Ground water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contact on tel. 08450850 2777. 8 As soon as building work starts on the development, you must contact the Street Naming and Numbering Officer if you need to do the following - name a new street - name a new or existing building - apply new street numbers to a new or existing building This will ensure that any changes are agreed with Lambeth Council before use, in accordance with the London Buildings Acts (Amendment) Act 1939 and the Local Government Act 1985. Although it is not essential, we also advise you to contact the Street Naming and Numbering Officer before applying new names or numbers to internal flats or units. Contact details are listed below.

Street Naming and Numbering Officer e-mail: streetnn@lambeth.gov.uk tel: 020 7926 2283 fax: 020 7926 9104