PLANNING COMMITTEE 5 July 2018

Melek Ergen melek.ergen@hounslow.gov.uk

References: P/2018/0922 00543/R/P11

Address: Goddards, The Ham, Brentford TW8 8HQ

Proposal: Erection of a three storey self-storage unit with associated access, parking and landscaping following the demolition of the existing site.

Drawing numbers: P001 A; P002 A; P320 A; P120 A; P220 A; B003 A; 002/001; Energy Statement; Design and Access Statement; Structural Feasibility Report; Statement of Community Involvement; Sustainability Statement; Air Quality Assessment; Transport Statement; Planning Statement; Received 05/03/2018; Flood Risk Assessment; SUDS Maintenance Schedule; Indicative Surface Water Drainage Layout; Drainage Assessment Form; Received 11/05/2018; Preliminary Ecological Appraisal; Archaeological Desk-based Assessment; Received 18/05/2018; Letter from XCO2 dated 23/03/2018; P101 B; P102 B; P103 B; P104 A; P105 A; P201 B; P202 B; P601 A; P301 B; P302 B; Design and Access Statement (Amended second part); Received 19/05/2018; Flood Defences Strategy; Received 01/06/2018.

This application is being taken to Planning Committee as a Major Scheme with a Legal Agreement

1.0 SUMMARY

1.1 The existing site contains buildings with no importance: sheds and warehouses which would be demolished. Existing stored materials and cars would be removed from the site to redevelop for a three-storey self-storage facility with ancillary office and associated parking.

1.2 The proposal is aimed at small businesses and individuals. The size of the storage unit varies from 1 square metres to 23 square metres and is intended to appeal to individuals and small businesses.

1.3 The proposal offers an opportunity to improve the existing situation and deliver a commercial development in an established and historical industrial location and making efficient use of the site. The current scheme’s design reflects the large industrial type buildings and creates landscaped ‘pocket park’ along the river.

1.4 The current proposal would improve the appearance of the land to enhance the quality and character of the area. It would be complementary to its surroundings and suitable in use and character for the area.

1.5 The application is recommended for approval.

2.0 SITE DESCRIPTION

2.1 The site is to the south west of Brentford High Street, on the western side of The Ham.

2.2 The site sits on the northern bank of the Grand Union Canal adjacent to the canal towpath. The site is approximately 0.28 hectars and raised some 1.8 metres above the towpath.

2.3 The existing buildings on site are mix of sheds and warehouses with no particular architectural merit and mostly used for open storage and car repairs (B2/B8) uses.

2.4 The site has a public transport accessibility (PTAL) rating 2 and 3 which is categorised as ‘poor’ and ‘moderate’.

2.5 The Ham consists of a mix of industrial buildings, leisure, community and residential uses.

2.6 The site is bounded to the south and west by a canalised stretch of the River Brent, to the north by ‘Teddies’ children’s nursery, which is a locally

listed building and to the east by the Brentwater Business Park.

2.7 The site designations are: Grand Union Canal & Boston Manor Conservation Area, Thames Policy Area, Archaeological Priority Area, Industrial History Zone and Flood Zone 3

3.0 HISTORY

None.

4.0 DETAILS OF PROPOSAL

4.1 The proposal is to redevelop the site to provide a self-storage facility (B8).

4.2 The proposed building would be 1,747 square metres at ground floor with two mezzanine floors providing a further 3,164 square metres floor space. The mezzanine floors would be free-standing and flexible.

4.3 The unit sizes vary from 1 square metre to 23 square metres to meet the requirements of small business and local residents.

4.4 The proposal also includes a reception area, toilets, staff kitchen and an office on the ground floor.

4.5 There would be six parking spaces, including two drive-up bays, one disabled bay and one electric charging bay.

4.6 There would be 15 cycle parking spaces for staff and customers within the building.

4.7 The proposal would have a lift and stairs to upper levels. All other storage floors would be demountable mezzanine floors.

4.8 The building height would be maximum 14.72 AOD and three storeys.

4.9 The proposed design echoes historic references from the canal.

4.10 The building would be set in along the canal and provide potential ‘pocket parks’ with an access opportunity from the towpath for the public. The long elevation is serrated on the riverside elevation.

4.11 There are three principal materials proposed: a brick for the lower storey; metal screen panel above and translucent panels to the upper part.

4.12 The wall to the nursery courtyard would follow the roofline with white stained timber cladding and opaque panels.

5.0 CONSULTATIONS

5.1 Three site notices were posted on 16/03/2018, and the application was advertised in the local press on 16/03/2018.

5.2 One hundred and thirty two neighbours were notified on 05/03/2018 and further ninety one neighbours on 29/03/2018. there were eight objections:

Comment Response

Design is not in keeping with the area and surrounding, the outside façade (at least along the canal side) should look like traditional wharf buildings.

See paragraphs 7.6 to 7.18

Over-development in terms of height and scale, would not preserve and enhance the canal frontage.

See paragraphs 7.6 to 7.18

Why not a creation of a Wharf Style residential here and locate storage business to less desirable areas?

The site is an established industrial use and not designated as housing. The use is appropriate for the site.

Our business must have continued and uninterrupted use of building and the security of the children, staff and visitors should not be compromised.

The Council can use planning conditions in terms of construction hours and management to help secure this.

Prior to the works all the necessary reports should be in place to minimise disruption such as demolition and construction.

Agreed- see planning conditions.

The building would harm the operation of surrounding uses by increased traffic and noise in the vicinity and insufficient parking with an unknown number of storage units.

See paragraphs 7.29 to 7.48

Inclusion of steps up over the flood defence wall is unsafe and unnecessary, would collect rubbish, steps and ‘garden’ would lead nowhere but generate nuisance and antisocial behaviour and harm the security and privacy of adjacent houseboats.

See paragraph 7.27

The current building is unsightly and ill-maintained, there is a constant stream of removal vehicles. They have shown no care for local community, caused rodents in the area, and obstructions to streets. Facts should be taken into account and the application should be refused.

The proposed development would clean up this site and remove an unattractive operation. The proposal would improve the area. The application has been assessed on the current situation and is considered in line with planning policies.

Loss of light, outlook, overlooking and loss of greenery.

There would be no loss of greenery due to the proposal - see paragraphs 7.19 to 7.28

There are many storage facilities already in Brentford.

The premises are an established brownfield site and already operating as an industrial/storage use. Therefore the proposed self-storage facility would be acceptable in this location

No creation of employment which is a missed opportunity.

The proposal would provide some employment and there would be s106 agreement for training in line with the Planning Obligations SPD.

The proposed 24 hours operation would not be in keeping with the local area.

The existing site has 24 hours access for recovery vehicles as part of the removal operation so the proposal would be an improvement as fewer heavy vehicles are likely to access the site.

The outside landscaping is uninspired. A condition (18) would require further details to ensure satisfactory landscaping.

Surface water and sewerage in the area for the proposal needs to be taken into account.

Agreed. Proposed conditions deal with this.

No disability access onto and off the canal path. Raised footpath for easy access to public with disabilities should be paid for.

The flood defence wall is part of the EA flood protection and would be maintained as currently. The access off the towpath is not part of the application and is not within the applicant’s demise.

6.0 POLICY

Determining applications for full or outline planning permission

6.1 The determination must be made in accordance with the development plan unless material considerations indicate otherwise. Local finance considerations must also be assessed.

The National Planning Policy Framework

6.2 The National Planning Policy Framework (NPPF) came into force on 27 March 2012 and has replaced national policies and guidance formerly contained in Planning Policy Statements and Planning Policy Guidance notes and some other documents. The Local Planning Authority (LPA) considers that, where pertinent, the NPPF is a material consideration and as such, it will be taken into account in decision-making as appropriate.

The Development Plan

6.3 The Development Plan for the Borough comprises the Council's Local Plan

(adopted by the Council on 15 September 2015), the West London Waste Plan and the London Plan Consolidated with Alterations since 2011.

6.4 The Local Plan documents can be viewed on the Hounslow website.

6.5 Relevant London Plan Policies

5.2 Minimising Carbon Dioxide Emissions

5.3 Sustainable Design and Construction

5.7 Renewable Energy

5.9 Overheating and Cooling

5.11 Green roofs and development site environs

5.12 Flood risk management

5.13 Sustainable drainage

5.15 Water use and supplies

5.21 Contaminated Land

6.3 Assessing effects of development on transport capacity

6.9 Cycling

6.10 Walking

6.13 Parking

7.2 An Inclusive Environment

7.4 Local Character

7.6 Architecture

7.8 Heritage Assets and Archaeology

8.2 Planning Obligations

8.3 Community Infrastructure Levy

6.6 Local Plan

CC1 Context and Character

CC2 Urban Design and Architecture

CC4 Heritage

ED1 Promoting Employment Growth and Development

ED2 Maintaining the borough’s employment land supply

ED4 Enhancing local skills

EQ1 Energy and Carbon Reduction

EQ2 Sustainable Design and Construction

EQ3 Flood risk and surface water management

EQ4 Air Quality

EQ5 Noise

EQ7 Sustainable waste management

EQ8 Contamination

GB7 Biodiversity

EC1 Strategic transport connections

EC2 Developing a sustainable local transport network

IMP1 Sustainable development

IMP3 Implementing and monitoring the Local Plan

7.0 PLANNING ISSUES

The principle of development

7.1 The National Planning Policy Framework (NPPF) states that applications should be considered in the context of a presumption in favour of sustainable development.

7.2 The premises are an established brownfield site and already operating as an industrial use. Therefore the proposed self-storage facility would be acceptable in this location.

7.3 Policy ED1 (Promoting Employment Growth and Development) of the Local Plan Part 1 aims to secure business opportunities and it states that new industrial/warehousing and related development should be directed to the borough’s Strategic Industrial Sites, Locally Significant Industrial sites and other existing industrial sites, such as this.

7.4 Policy GWC1 (Employment Growth) of the Local Plan Review Document (October 2017) states that the Council will seek to provide a mix of employment spaces that are attractive for the entire business community. The policy supports proposals for intensification of employment sites.

7.5 The proposal would provide an accessible and needed storage facility where there is a demand and would provide some employment and support the local businesses in line with relevant policies.

Design and Heritage

7.6 The National Planning Policy Framework (NPPF) requires that development should achieve good design, respond to local character and history, and reflect the identity of local surroundings, including materials, and prevent harm or loss to designated heritage assets, while not preventing or discouraging appropriate innovation.

7.7 The NPPF states that good quality design is an integral part of sustainable development and that decision takers should always seek high quality design. It states that achieving good design is about creating places, buildings or spaces that work well for everyone, look good, will last well, and adapt for the needs of future generations, with good design responding in a practical and creative way to both the function and identity of a place, putting land, water, drainage, energy, community, economic, infrastructure and other such resources to the best possible use. The NPPF also says permission should be refused for development of poor design that fails to

take the opportunities available for improving the character and quality of an area and the way it functions. It says that it is proper to seek to promote or reinforce local distinctiveness.

7.8 However it makes clear that planning permission should not be refused for buildings and infrastructure that promote high levels of sustainability because of concern about incompatibility with an existing townscape, provided it is of good design (unless the concern relates to a designated heritage asset where the development’s impact would cause material harm to the asset or its setting, which is not outweighed by the proposal’s economic, social and environmental benefits).

7.9 The degree to which new development reflects and responds to the character and history of its surrounds is a key element of good design as defined in the NPPF. This relationship should be considered throughout the design process, and should inform the positioning, massing, height, and materiality of development proposals. Developing a design solution that works with its surrounding context should not prevent or discourage appropriate innovation.

7.10 London Plan policy 7.4 (Local Character)says that buildings should provide a high quality design response to the area’s urban grain, street pattern, natural features and human scale and the historic environment and is supported by Policy 7.6 (Architecture) which seeks to promote high architectural and design quality appropriate to its context.

7.11 Local Plan Policies CC1 (Context and Character) and CC2 (Urban Design and Architecture) reinforce these policies at a local level.

7.12 Local Policy CC4 (Heritage) seeks to conserve and enhance the character of conservation areas. The site is in the Grand Union Canal & Boston Manor Conservation Area and therefore the effect of the development on the setting of the Conservation Area must be considered.

7.13 The current and appearance of the site is very unattractive and its use cause local problems. The redevelopment of this site would remove unsightly building and storages(indoor and outdoor) and the proposal would improve the site and locality. The proposals would enhance the site’s appearance of the site, providing quality design and a positive addition in the vicinity.

7.14 As a result of negotiations between the council and the developer and in response to objections, the scheme’s design has been altered to reflect the large industrial type buildings and boat building and repair sheds along the river and canal frontages. The site coverage has been reduced to 60% and

the building is set-back along the canal frontage creating a larger landscaped ‘pocket park’ than had been proposed at the outset. Whilst the public access to these areas are not secured with this application, as access ramp and stairs would be on the Canal and River Trust land, the areas are ready for the use in the future.

7.15 The proposed set-back of the building along the canal and landscaping enhancements which would be required by the recommended condition, as suggested by the River and Canal Trust, so as to secure the most suitable type of planting for this location and to allow officers to agree further details relating to access arrangements from the towpath.

7.16 The building is less than 16 metres above the sea level and would not be considered as a tall building as defined by Policy CC3. Taking account of the several similar height buildings along The Ham, the proposal’s height would be suitable.

7.17 The proposal would improve the site’s appearance to enhance the quality and character of the area. The building would be complementary to its surrounding and suitable in use and character for the area.

7.18 It is considered that the proposal would deliver a high quality, well-designed development, which would respond to and reflect the local context and character of the locality as well as enhancing the storage facilities in the area. Despite their large scale, it is considered that the proposal’s form and massing are appropriate and that its scale and design would avoid unacceptable impact on existing streetscape and the canal towpath. The landscaping would combine well with the architectural detailing, bringing together a scheme of the highest quality which is considered to accord with the NPPF, the London Plan and Local Plan Policies.

Impact on the neighbours

7.19 The NPPF requires sustainable development and, as part of this, development should aim to avoid adverse effects on the local environment, which includes neighbouring properties.

7.20 London Plan policy 7.6 states that buildings should not unacceptably affect surrounding land and buildings, particularly residential buildings in relation to privacy, overshadowing, wind and microclimate.

7.21 London Plan Policy 7.15 states that development proposals should seek to limit noise to ensure that existing and potential adverse impacts of noise on, from, within, or in the vicinity of development proposals are at acceptable levels.

7.22 Local Plan Policy CC2 (Urban design and architecture) states that new development should protect neighbours’ living conditions.

7.23 Local Plan Policy EQ5 seeks assessment of the potential noise impacts of development proposals where they are located near to noise-sensitive uses (such as housing).

7.24 The site is not bounded the residential properties. The building would remove unsightly material and storages and replace them with a comprehensive development. The neighbours’ outlook and street scene would be improved and softened. The proposal would result in no loss of light or outlook to the nearby dwellings.

7.25 Whilst there are no adjoining homes, there are several dwellings nearby in the form of house boats. Residents of Bordeston Court (35 metres away) and Shire Place (75 metres away) are concerned that the proposal’s operation would harm their living conditions.

7.26 The existing site has 24-hours access for recovery vehicles as part of the removal operation, considering this existing situation the proposed storage use attracting only smaller vehicles would generate lower levels of operation than the existing although a 24-hours drop-off facilities would exist on the site.

7.27 There is a concern from the boat owners about the proposed ‘pocket parks’ and placed benches due to the privacy. The possible towpath access and the ‘pocket park’ would improve the walkway along the river and the Council has aspiration for ease of access and different uses as part of regeneration of the canal. If the ‘pocket parks’ are put in place there would be secure and

accessible access and CCTV in operation (secured by condition and legal agreement). Whilst the distance of those areas to the boats would remain as existing, these ‘pocket park’ areas are further away and higher than the existing towpath where there is already constant activity and people passing by.

7.28 Therefore, it is considered that the proposal would have an acceptable effect on neighbours and, considering the existing use and the location of residential dwellings, the proposal would be acceptable.

Parking, servicing and access

7.29 Local Plan policy EC2 seeks to promote a more sustainable local travel network and maximise opportunities for walking, cycling and using public transport. It seeks to ensure that developments provide at least a minimum number of cycle parking spaces and an appropriate maximum number of car parking spaces consistent with London Plan standards.

7.30 The site has access to The Ham, which in turn has good access to Brentford High Street to the north then to the main road network. The site access is on the apex of a bend with good visibility.

7.31 The site is within PTAL 2 and 3. The Ham serves a mix of uses comprising residential and a number of small to medium business units.

7.32 On-street parking is controlled by single and double yellow lines. There is also unrestricted parking across this section of the highway. There is a high degree of on-street parking, resulting in indiscriminate parking along part of the footway, which tends to be more prevalent to the north of The Ham.

7.33 The pedestrian facilities are quite poor and a number of businesses supported by wide vehicular accesses, further constrains pedestrian movement along The Ham.

7.34 The nearest bus stop, serving four routes is approximately 300 metres from the site.

7.35 The proposal provides six spaces including one accessible parking space and one electric charging point. Of the six spaces provided two are for commercial vehicles associated with the nature of the development.

7.36 According to the London Plan, parking for commercial vehicles should be provided at a maximum standard of one space 500 square metres of the gross floor space. Therefore, the proposal generates a demand for ten spaces. While the parking provision is below the current maximum standard, the London Plan also states that ‘standards for B2 and B8 employment uses should have regard to the B1 standards, although a degree of flexibility maybe required to reflect different trip-generating characteristics’.

7.37 The proposal is aimed at small businesses and individuals and the size of the storage unit varies from one square metre to 23 square metres. Therefore, the proposal is likely to appeal to individuals and small businesses, with visits by commercial vehicles not greater than a 7.5 tonne box van.

7.38 Therefore the proposal is unlikely to increase the demand for parking in the surrounding area, due to the need to transport items to the storage units and parking provison is considered to be in compliance with policies in this case.

7.39 The proposed scheme would provide 15 cycle parking spaces in the building. Further details would be required via condition (13) for separate short-term cycle parking to ensure proposal meets London Plan policy 6.3.

7.40 The development proposes reconfiguring the site access by closing the existing western access and retaining and modifying the eastern access. Due to the narrow footway width it is considered that widening the footway in association with the access changes would improve pedestrian safety and also ensure that adequate pedestrian and vehicular visibility splays can be provided. . The site entrance would be accessible by customers or staff with mobility impairment.

7.41 A transport statement submitted with the application states that the likely trip rates for the site were analysed with the results suggesting that the self-storage could lead to 14 vehicle movements during the busiest period (13:00 – 14:00).

7.42 The transport statement compares the development to a similar unit in Bromley, which also employs three staff and generates on average 12 customer visits per day, despite having a gross floor area of 9,398 square metres. Therefore, it is not considered that the traffic generation due to the proposal would harm the local road network or the immediate area.

7.43 The proposal has indicated/suggested the installation of stairs and a ramp on the towpath to access pocket park. The Council encourages the park and other uses along the canal and it would be in line with the regeneration ideas for the area, however the towpath, although it is a public highway, is owned by the River and Canal Trust and installation of stairs and a ramp would raise maintenance issues and a Stopping Up Order would be required to remove the public right of way over the area that the stair would occupy and CCTV for the pocket parks are needed.

7.44 However the opportunity is here to improve the canal walkway and the Council asked the River and Canal Trust to look into this.

7.45 The negotiations were continuing and the final comments would be reported to the Planning Committee.

Conclusion

7.46 The proposed construction of a self-storage unit and proposed change of use from B2/B8 to B8 storage raises no highway concerns.

7.47 The development provides 6 car parking spaces as oppose to the maximum ten space requirement. Whilst officers acknowledge the concerns expressed about parking in the area, as well as the site’s parking provision, members should note that the Borough has introduced a controlled parking zone (CPZ) along The Ham and the neighbouring roads, which will significantly reduce indiscriminate parking in the area.

7.48 Due to the size of the individual units, the development is likely to attract local residents and small business whose typical mode of transport varies from a car to a 7.5 tonne box van. Furthermore, the size and nature of the business is unlikely to lead to a significant impact on vehicular activity on the highway network.

Sustainability

7.49 London Plan Policy 5.2 seeks to ensure reduction in CO2 emissions. Local Plan policy EC1 supports this and seeks to minimise the demand for energy and to promote renewable and low-carbon technologies. Local Plan policy EC2 seeks to promote the highest standards of sustainable design and construction in development to mitigate and adapt to climate change. The Local Plan seeks to ensure that refurbishments meet a BREEAM rating of ‘Excellent’.

7.50 An Energy Statement has been submitted. This sets out how energy efficiency has been incorporated into the design of the development in order to achieve a cumulative carbon dioxide emissions reduction below Building Regulations Part L (2013). The information is generally considered acceptable to comply with the Local Plan requirements. A condition (7) would ensure the development is constructed in accordance with the submitted Energy Strategy.

7.51 A BREEAM preliminary assessment has been provided. This confirms that the development could achieve a BREEAM rating of Excellent in line with Local Plan requirements. A condition (8) is recommended to ensure that this ‘excellent’ rating would be carried forward and achieved at design stage and post construction.

Flooding and surface water management

7.52 Local Plan policy EQ3 requires developments adjacent to the River Thames to demonstrate that they will not preclude future raising or set back of the defence as identified in the Thames Estuary 2100 plan. Policy GB5 also requires developments to be set back by 16 metres along the tidal Thames.

7.53 The Flood Risk Assessment (FRA) has been amended to overcome Environment Agency concerns and demonstrates that the development would not increase risk elsewhere and where possible would reduce flood risk overall.

7.54 There remains a concern on how maintenance / repairs and future raising of the floor defence wall can be undertaken given the limited space. This will be dealt with further in an addendum report.

7.55 The Council’s flooding consultant has advised that reduction in the surface water runoff rate from the site need to be achieved and calculations need to be submitted to demonstrate a certain level of betterment in surface water runoff rates. The applicant has shown that the London Plan Policy 5.13 drainage hierarchy has been applied and rainwater harvesting has been considered.

Contaminated land

7.56 Owing to the history of the site, there may be some contamination present. The NPPF advises that where there is suspicion, or where evidence suggests that there may be some contamination, planning permission may be granted subject to conditions that development may not start before site investigation and assessment have been done and that the development itself will incorporate any remedial measures necessary. London Plan Policy 5.21 (Contaminated Land) and Local Plan Policy EQ8 (Contamination) provide a policy context for this matter. A condition (4) is proposed to ensure that, provided the appropriate mitigation measures are implemented, there would be no risk of contamination.

Trees

7.57 There is a row of existing conifer trees along the boundary with the nursery. The submission does not include an Arboricultural or Method Statement to ensure the health of these trees. However there would be a condition (10) to ensure they are protected and the method of construction is not harmful.

Ecology

7.58 Due to the location of the site between the Brent and The Ham, an ecology report has been submitted which concludes that the proposed development would not represent a constraint. However there are recommendations in the report to encourage wildlife and keep ecological intrusion to a minimum. A condition (9) would require this to be followed.

Legal Agreement (s106)

7.59 Local Plan Policy IMP3 seeks to ensure that development proposals fully mitigate the impacts of development on the area through a Section 106 agreement, where necessary or appropriate, having regard to supplementary planning document and that they provide the Community Infrastructure Levy (CIL) payments required by any charging schedule, including the Mayor of London’s CIL. A payment or other benefit offered in a Section 106 agreement is not material to a decision to grant planning permission and cannot be required unless it complies with the provisions of the Community Infrastructure Levy Regulations 2010 (regulation 122), which provide that the planning obligation must be:

necessary to make the development acceptable in planning terms

directly related to the development; and

fairly and reasonably related in scale and kind to the development.

7.60 The National Planning Policy Guidance (NPPG) provides guidance on use of planning obligations, which may impose a restriction or requirement, or provide for payment to make acceptable development proposals that might otherwise not be acceptable in planning terms. The Council’s Supplementary Planning Document on Planning Obligations (adopted March 2008) contains guidance on imposition of planning obligations in compliance with such guidance. These obligations may offset shortfalls in the scheme or mitigate a development’s impacts.

7.61 The following draft Heads of Terms are likely to form the basis of the Section 106 agreement, all of which are considered to satisfy one or more of the three Regulation 122 tests referred to above:

i) Considerate Contractors Scheme

It is appropriate that the developer registers with the Considerate Contractors Scheme. All sites registered with the Scheme are monitored by an experienced industry professional to assess their performance against the eight point Code of Considerate Practice which includes the categories Considerate, Environment, Cleanliness, Good Neighbour, Respectful, Safe, Responsible and Accountable.

ii) Construction training

In accordance with the Council’s Planning Obligations & CIL SPD.

iii) End user training

In accordance with the Council’s Planning Obligations & CIL SPD.

8.0 EQUALITIES DUTIES IMPLICATIONS

8.1 In response to its Equalities Duties and the Equality Act 2010 it is considered that there are no relevant implications that the Council needs to assess further in this case and that, in determining this application, the Council has complied with its duties.

9.0 COMMUNITY INFRASTRUCTURE LEVY

9.1 Some new developments granted planning permission will be liable to pay Community Infrastructure Levy (CIL) to the Mayor of London and Hounslow.

9.2 CIL is payable on new floor space or where a new dwelling is created or the net floor area increase exceeds 100 square metres. Although the proposal includes two storeys of mezzanine floors, the mezzanine floors forming part of a new development will be taken into account when calculating CIL.

Mayor’s £35 per square metre (m2)

Hounslow: Housing:

East £200/m2

Central £110/m2

West £70/m2

Supermarkets, superstores and retail warehousing: £155/m2

Health care, education and emergency services facilities: £0

All other uses: £20/m2

9.3 The proposal, subject to the above will create a CIL charge for 7582 square metres (8075 minus existing buildings’ area of 493 square metres). £265,730 for the Mayor and £151,640 for Hounslow.

10.0 RECOMMENDATION: APPROVAL with legal agreement

1. That planning permission be granted subject to the following conditions and securing the abovementioned planning obligations by the prior completion of a satisfactory legal agreement or unilateral undertaking made under Section 106 of the Town and Country Planning Act 1990 and or other appropriate legislation, the exact terms of which shall be

negotiated by appropriate officers within the Housing, Planning and Communities Department on the advice of the Assistant Director Corporate Governance.

2. The satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 07/09/2018 or such extended period as may be agreed in writing by appropriate officers within the Housing, Planning and Communities Department or within Legal Services.

3. If the legal agreement or unilateral undertaking is not completed by the date specified above (or any agreed extended period), then the Chief Planning Officer or Head of Development Management is hereby authorised to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010, development plan policies and the Planning Obligations SPD, as described in this Report.

4. Following the grant of planning permission, where (a) requested to enter into a deed of variation or legal agreement in connection with the planning permission hereby approved and by the person(s) bound by the legal agreement authorised in paragraph 1 above, and (b) to make minor variation to wording of conditions, and (c) where the planning obligations are not materially affected, and (d) there is no monetary cost to the Council, (e) make minor variation to wording of conditions, the Chief Planning Officer or Head of Development Management is hereby authorised (in consultation with the Chair of the Planning Committee and upon the advice of the Assistant Director Corporate Governance) to enter into a legal agreement(s) (deed of variation) made under Sections 106 and/or 106A of the Town and Country Planning Act 1990 and or other appropriate legislation.

5. If planning permission is refused, the Chief Planning Officer or Head of Development Management (in consultation with the Chair of the Planning Committee) is hereby authorised to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it (a) duplicates the planning application, and (b) that there has not been any material change in circumstances in the relevant planning considerations, and (c) that a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time.

Conditions:

1 A1A Time Limit

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990.

2 B5 Detailed Applications

The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans submitted therewith (P001 A; P002 A; P320 A; P120 A; P220 A; B003 A; 002/001; Energy Statement; Design and Access Statement; Structural Feasibility Report; Statement of Community Involvement; Sustainability Statement; Air Quality Assessment; Transport Statement; Planning Statement; Received 05/03/2018; Flood Risk Assessment; SUDS Maintenance Schedule; Indicative Surface Water Drainage Layout; Drainage Assessment Form; Received 11/05/2018; Preliminary Ecological Appraisal; Archaeological Desk-based Assessment; Received 18/05/2018; Letter from XCO2 dated 23/03/2018; P101 B; P102 B; P103 B; P104 A; P105 A; P201 B; P202 B; P601 A; P301 B; P302 B; Design and Access Statement (Amended second part); Received 19/05/2018; Flood Defences Strategy; Received 01/06/2018.) and approved by the Local Planning Authority, or as shall have been otherwise agreed in writing by the Local Planning Authority before the building is used.

Reason: To ensure the development is carried out in accordance with the planning permission.

3 B4 Materials - SamplesPrior to the completion of substructure samples of the materials to be used in the construction of the external surfaces of the hereby permitted shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

Reason: In order that the Council may be satisfied as to the details of the development in the interests of the visual amenity of the area and to satisfy the requirements of policy CC1 (Context and Character).

4 J12 Contamination

"Before the development hereby permitted commences:

a. A contaminated land Phase 1 desk study report shall be submitted to, and approved in writing by the Local Planning Authority. Should the Phase 1 report recommend that a Phase 2 site investigation is required, then this shall be carried out and submitted to, and approved in writing by the Local Planning Authority. The site shall be investigated by a competent person to identify the extent and nature of contamination. The report should include a tiered risk assessment of the contamination based on the proposed end use of the site. Additional investigation may be required where it is deemed necessary.

b. If required, a scheme for decontamination of the site shall be submitted to the Local Planning Authority, for written approval. The scheme shall account for any comments made

by the Local Planning Authority before the development hereby permitted is first occupied.

During the course of the development:

c. The Local Planning Authority shall be notified immediately if additional contamination is discovered during the course of the development. A competent person shall assess the additional contamination, and shall submit appropriate amendments to the scheme for decontamination in writing to the Local Planning Authority for approval before any work on that aspect of development continues.

Before the development is first brought into use:

d. The agreed scheme for decontamination referred to in clauses b) and c) above, including amendments, shall be fully implemented and a written validation (closure) report submitted to the Local Planning Authority for approval.

Reason: Contamination is known or suspected on the site due to a former land use. The Local Planning Authority (LPA) therefore wishes to ensure that the development can be implemented and occupied with adequate regard for public and environmental safety in accordance with policy EQ8 of the of the adopted Local Plan.

Supporting notes:

a. An initial phase 1 desk study must be submitted with the original application and will include the aims and objectives, data collection, site reconnaissance (walk over survey), and development of the initial Conceptual Model (CM), which identifies all potential pollutant linkages on the site. The report should also make recommendations for the further gathering of information and or intrusive investigation. The full site investigation must include intrusive testing for soil and groundwater contamination, soil gasses, and leachate. The investigation shall be carried out at such points and at such depths as the LPA may stipulate. Risk assessments must adhere to current UK guidance and best practice.

b. The scheme for decontamination shall provide details of how each potential pollutant linkage, as identified in the conceptual model, will be made safe.

c. In some instances the LPA may require work on site to be ceased whilst the nature of additional contamination is investigated fully.

d. The validation report shall revisit the site conceptual model, and provide evidence that each aspect of the decontamination scheme was carried out correctly and successfully. This report shall prove that the development is suitable for its new use.

e. We request that site investigation reports or site plans be sent electronically to landquality@hounslow.gov.uk or by post on a cd or dvd wherever possible

5 C29 Hours of demolition and construction

No demolition or construction work shall take place on the site except between the hours of 8am to 6pm on Mondays to Friday and 9am to 1pm on Saturdays and none shall take place on Sundays and Public Holidays without the prior agreement of the Local Planning Authority.

Reason: To protect neighbours’ living conditions in accordance with adopted Local Plan policy EQ5.

6 Construction Logistics Plan

No development shall take place, including any works of demolition, until a Construction Logistics Plan that conforms to current TfL guidance has been submitted to, and approved in writing by, the local planning authority. The approved Plan shall be adhered to throughout the construction period. The Plan shall include:

i. a site plan (showing the areas set out below)

ii. confirmation that a pre-start record of site conditions on the adjoining public highway will be undertaken with Hounslow Highways and a commitment to repair any damage caused by construction activity

iii. provision for the parking of vehicles of site operatives and visitors

iv. provisions for loading, unloading and storage of plant and materials within the site

v. details of access to the site, including means to control and manage access and egress of vehicles to and from the site for the duration of construction including phasing arrangements

vi. details of vehicle routeing from the site to the wider strategic road network

vii. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

viii. provision of wheel washing facilities at the site exit and a commitment to sweep adjacent roads when required and at the request of the council

ix. a scheme for recycling/disposing of waste resulting from demolition and construction works

x. measures to ensure the safety of all users of the public highway especially cyclists and pedestrians in the vicinity of the site and especially at the access

xi. commitment to liaise with other contractors in the vicinity of the site to maximise the potential for consolidation and to minimise traffic impacts.

xii. avoidance of peak hours for deliveries and details of a booking system to avoid vehicles waiting on the public highway xiii. all necessary traffic orders and other permissions required to allow safe access to the site to be secured and implemented prior to commencement of construction

xiv. details of the construction programme and a schedule of traffic movements

xv. the use of operators that are members of TfL’s Freight Operator

Recognition Scheme (FORS)

Reason: To ensure highway safety is maintained and preserved in accordance with policy EC2 of the Local Plan.

7 Energy Strategy The development hereby permitted shall not commence until an overheating assessment (demonstrating how the Mayor’s cooling hierarchy has been applied to reduce risk of overheating) has been submitted to and approved in writing by the Local planning Authority. The development hereby permitted shall not commence until a finalised Energy Strategy (demonstrating how the 35% target for carbon dioxide emissions reduction are to be met in line with the Mayor’s energy hierarchy, and details of the proposed PV array) has been submitted to and approved in writing by the Local planning Authority. The development shall be implemented in accordance with the approved Energy Strategy and shall not commence above ground until full Design Stage calculations under the National Calculation Method have been submitted to and approved in writing by the Local planning Authority to show that the development will be constructed in accordance with the approved Energy Strategy, and any subsequent approved revisions. Prior to first occupation of the building(s) evidence (e.g. photographs, installation contracts and As-Built certificates under the National Calculation Method) should be submitted to the Local Planning Authority and approved in writing to show that the development has been constructed in accordance with the approved Energy Strategy, and any subsequent approved revisions. Upon final commencement of operation of the solar PV panels, suitable devices for the monitoring of the solar PV panels shall have been installed, and the monitored data shall be submitted automatically to a monitoring web-platform at daily intervals for a period of three years from the point of full operation. Upon final commencement of operation of the ASHPs, suitable devices for the monitoring of the ASHPs shall have been installed, and the monitored data shall be submitted automatically to a monitoring web-platform at daily intervals for a period of three years from the point of full operation. Reason: To ensure that the development makes the fullest contribution to minimising carbon dioxide emissions in accordance with London Plan Policy 5.2 and the London Borough of Hounslow Local Plan Policy EQ1.

8 BREEAM

Within three months of work starting on site a BREEAM New Construction 2014 Shell and Core Design Stage certificate and summary score sheet (or such equivalent standard that replaces this) must be submitted to and approved in writing by the Local Planning Authority to show that an ‘Excellent’ (minimum score 70%) rating will be achieved. Prior to first occupation of the building(s) a BREEAM New Construction 2014 Shell and Core Post-Construction Review certificate and summary score sheet (or such equivalent standard that replaces this) must be submitted to and approved in writing by the Local Planning Authority to show that an ‘Excellent’ (minimum score 70%) rating has been achieved. Prior to commencement of the fit-out of the building(s) a BREEAM Refurbishment and Fit-out Parts 3 & 4 assessment Design Stage certificate and summary score sheet (or such equivalent standard that replaces this) must be submitted to and approved in writing by the Local Planning Authority to show that an ‘Excellent’ (minimum score 70%) rating has been achieved. Within three months of occupation of the building(s) a BREEAM Refurbishment and Fit-out Parts 3 & 4 assessment Post-Construction Review certificate and summary score sheet (or such equivalent standard that replaces this) must be submitted to and approved in writing by the Local Planning Authority to show that an ‘Excellent’ (minimum score 70%) rating has been achieved. Reason: To ensure that the development has an acceptable level of sustainability in accordance with the London Borough of Hounslow Local Plan Policy EQ2.

9 Ecology report

The development hereby permitted shall follow the recommendations stated within Preliminary Ecological Appraisal; Received 18/05/2018 and implement into development procedures.

Reason: In order to ensure the development makes an important contribution to the ecology of the area in line with NPPF.

10 Arboricultural and Method Statement

Before the development hereby permitted commences at the site an Arboricultural and Method Statement showing tree protection measures, hard surfacing and construction methods complying with the requirements specified in BS 5837. The details as approved shall be put into effect for the duration of all works on site.

Reason: In order to maintain the existing vegetation at the site, and to accord with Local Plan Policies CC1 and GB7.

11 Footway details

Prior to the completion of substructure, the details of footway across the site frontage shall be submitted to and approved in writing by the Local Planning Authority. The building hereby permitted shall not be occupied until these works have been completed in accordance with the approved details.

Reason: To ensure that all road works associated with the proposed development are to a standard approved by the Local Planning Authority and are completed before occupation in accordance with Local Plan policies CC1 and EC2.

12 Vehicular Access Prior to the completion of substructure, full details of the proposed vehicular access including pedestrian and vehicular visibility splays shall be submitted to and approved in writing by the Local Planning Authority. The access shall be constructed in accordance with the approved details before the development hereby permitted is first occupied or brought into use. Reason: To safeguard the amenities of the area and in the interests of highway safety; in accordance with Local Plan policies CC1, CC2 & EC2.

13 Cycle parking

Notwithstanding with the approved plans, prior to the occupation of the development hereby approved, details of proposed cycle parking facilities in accordance with minimum London Plan standards with staff cycle parking separate from short-term cycle parking shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before first occupation and retained during the lifetime of the development.

Reason: To ensure adequate cycle parking is available on site and to promote sustainable modes of transport in accordance with the London Plan policy 6.9 and Local Plan policy EC2.

14 Parking

Before the development commences above the ground level, details of car parking (including spaces for people with disabilities and any vehicle charging points) shall be submitted to and approved by the Local Planning Authority and the spaces shown on the approved drawing shall be available for use before first occupation of any part of the development.

Reason: In order that the Local Planning Authority may be satisfied as to the details of the development and to ensure that parking spaces are available in accordance with policy 6.13 of London Plan and policies CC1 (Context and Character), CC2 (Urban Design and Architecture) and EC2 (Car and Cycle Parking and Servicing Facilities for Developments) of the Local Plan.

15 Construction environmental management plan Prior to the commencement of development hereby approved, a construction environmental management plan which includes details of measures to prevent pollution of the nearby waterway, either from surface water or ground water pollution or from windblown pollution shall be submitted and approved by the Local Planning Authority. The plan so approved shall be put into effect for the duration of all works on site.

Reason: To comply with paragraph 109 of the National Planning Policy Framework as the ecological environment in this location is sensitive and should be protected from disturbance, dust, run off, waste etc entering the waterway.

16 Excavations and foundations Prior to the commencement of development, details of the proposed excavations and foundations to be undertaken shall be submitted to and agreed in writing by the Local Planning Authority and thereafter implemented in accordance with the approved details.

Reason: To comply with paragraph 120 of the National Planning Policy Framework as excavation, earth removal and/or construction of foundations have the potential to adversely impact on the integrity of the waterway infrastructure.

17 Landscape design proposals Prior to the completion of substructure, full details of soft landscape works shall have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include: planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme and maintenance schedule. Any such planting which within a period of five years of implementation of the landscaping dies, is removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size or species. The approved scheme shall be fully implemented prior to the first use of the building and the maintenance schedule adhered to thereafter.

Reason: In the interest of biodiversity, sustainability, and to ensure that a satisfactory standard of visual amenity is provided and maintained in accordance with policies CC1 Context and character and CC2 Urban design and architecture of the adopted Local Plan.

18 Closure of Existing Vehicular Access Before the development hereby permitted is first occupied or brought into use, the existing vehicular accesses to site shall be permanently closed and kerbs and footway reinstated and raised so that it cannot be used as an access across the pavement. Reason: To confine vehicular access to the permitted points in order to ensure that the development does not prejudice the free flow of traffic or highway safety along the adjacent highway and to enhance the pedestrian environment; in accordance with Local Plan policies EC1 & EC2.

19 Parking Management Plan

Prior to the first use of the building hereby permitted, a Car Park Management Plan shall be submitted to and approved in writing by the Local Planning Authority that sets out how the site will be managed. The details shall ensure that no staff parking occurs on the site and that no vehicles larger than a 7.5 Tonne box van (as shown in the swept paths) is allowed to access the site. The building shall thereafter operate in accordance with the approved details.

Reason: In order that the Local Planning Authority may be satisfied as to the details of the development and to ensure that parking spaces are available in accordance with policy 6.13 of London Plan and policies CC1 (Context and Character), CC2 (Urban Design and Architecture) and EC2 (Car and Cycle Parking and Servicing Facilities for Developments) of the Local Plan.

Informatives:

1 To assist applicants, the London Borough of Hounslow has produced planning policies and written guidance, which are available on the Council’s website. The Council also offers a pre-application advice service. In this case, the Council’s suggested improvements were adopted by the applicant.

2 Highways

- The developer has to contact Hounslow Highway for a joint survey before start of the work to record an existing condition of the public highway.

- The works on the public highway to be carried out by Hounslow Highways or under 278 agreement

- The construction vehicular route to be provided to Hounslow Highway to monitor the condition of the network.

- The developer to provide programme of works to Hounslow Highways to monitor future planned work in the vicinity.

3 We collect the Mayor of London’s Community Infrastructure Levy (CIL) at the rate of £35 per square metre of new floor space. Hounslow’s Community Infrastructure Levy (CIL) has been adopted. For details of the rates please refer to our web page: http://www.hounslow.gov.uk/community_infrastructure_levy_preliminary_draft_charging_schedule_march_2013.pdf

This development is liable for CIL. A Liability Notice will follow shortly. For further information please contact the CIL team on 020 8583 4898/4895 or view our web page: http://www.hounslow.gov.uk/index/environment_and_planning/planning.htm or the planning portal web page: http://www.planningportal.gov.uk/wps/portal

4 The applicant is advised to contact the Canal & River Trusts Works Engineer, Osi Ivowi, on 01908 302 591 (osi.ivowi@canalrivertrust.org.uk) to ensure that the relevant licenses are in place and the proposal complies with the Trust’s Code of Practice for Works adjacent to a waterway’.