received: accepted: expiry: final revisions: recommendation area... · the site is the car park...

LOCATION:

Car Park between Writtle House and Platt Halls, Chancellor Place, London, NW9 5HA

REFERENCE: H/05003/10 Received: 14 December 2010 Accepted: 10 January 2011 WARD(S): Colindale

Expiry: 07 March 2011

Final Revisions: APPLICANT: Viridian Housing PROPOSAL: Installation of 15 single storey Portakabins to be used as

classrooms and canteen accommodation for a Summer School for a period of 12 weeks every year for 3 years, including the loss of 102 parking spaces during the 12 week period.

RECOMMENDATION: Approve Subject to Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans: GE0001 Revision X, HD/8248/01 Proposed Plan (Received 22/03/2011), TS/GH/HFA0349374/EXIST, TS/GH/HFA0349374 Revision A, Design and Access Statement. Reason: For the avoidance of doubt and in the interests of proper planning.

2 This permission shall be for a limited period only, expiring on 30/09/2014 when the use shall be discontinued and the building(s) and works carried out under this permission shall be removed and the land reinstated in accordance with details approved by the Local Planning Authority in writing before that date. Reason: To protect the amenities of the area.

3 The use shall not operate, and the demountable buildings approved under this permission shall be removed from the site between the 1st September and 31st May each year. Reason: To protect the amenities of the area and neighbouring residential properties; and to safeguard highway safety.

4 Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced. Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

5 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8.00 am or after 1.00 pm on Saturdays, or before 8.00 am or after 6.00pm on other days unless previously approved in writing by the Local Planning Authority. Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties.

7 Provisions shall be made within the site to ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. Reason: To ensure that the development does not cause danger and inconvenience to

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users of the adjoining pavement and highway. 8 Before development hereby permitted is occupied, turning space and parking

spaces shall be provided and marked out within the site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority and that area shall not thereafter be used for any purpose other than the parking and turning of vehicles. Reason: To ensure that parking and associated works are provided in accordance with the council's standards in the interests of pedestrian and highway safety and the free flow of traffic.

9 The level of noise emitted from the mechanical plant and ventilation systems hereby approved shall be at least 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room of a neighbouring residential property. If the noise emitted has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and/or distinct impulse (bangs, clicks, clatters, thumps), then it shall be at least 10dB(A) below the background level, as measured from any point 1 metre outside the window of any room of a neighbouring residential property. Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of neighbouring properties.

10 The 'Portakabins' shall only be used by residents of the summer school and associated teaching staff, and shall not be used for external students or the general public. Reason: To safeguard local amenity and highway safety.

11 The proposed development shall not commence until a site management scheme including details of refuse collection arrangements, supervision arrangements, the safeguarding of trees on site during the delivery and removal of the 'Portakabins', how deliveries would be managed, how noise during works would be minimised, and who would be responsible for on site management shall be submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved scheme. Reason: To safeguard local amenity, highway safety and the health of protected trees on site.

12 The proposed canteen structure shall not be open to students before 8am or after 8pm on any day. Reason: To safeguard the amenities of occupiers of adjoining residential properties.

INFORMATIVE(S): 1 The reasons for this grant of planning permission or other planning related

decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in the consultation draft replacement London Plan 2009 and the Adopted Barnet Unitary Development Plan (2006). In particular the following polices are relevant: Adopted Barnet Unitary Development Plan (2006): GSD, GBEnv1, GBEnv2, GBEnv3, GParking, ENV12, D1, D2, D3, D4, D5, D6, D9, D10, D11, D12, D13, M11, M12, M14, GCS1, CS4, CS5. National Planning Policy Guidance/ Statements:

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PPS1 - Delivering Sustainable Development PPS5 - Planning for the Historic Environment. PPG13 - Transport The Mayor's London Plan (consolidated with alterations since 2004): 4B.1, 4B.2. Core Strategy (Publication Stage) 2010: CS5, CS10 ii) The proposal is acceptable for the following reason(s): - The proposal would help provide courses on site for students that currently reside on site in the summer months. It would not cause significant harm to neighbouring amenity, highway safety or the appearance of the locality.

2 Please supply the following information for all extraction units (including air conditioning, refrigeration): 1. The proposed hours of use of the equipment. 2. The sound pressure levels of the ventilation/ extraction system to be installed in decibels dB(A) at a specified distance from the equipment. 3. Details of where the equipment will be placed i.e. within or outside of the building, marked on to a scale map.f transport: Calculation of railway noise (1995); 7) Department of transport : Railway Noise and insulation of dwellings.

1. MATERIAL CONSIDERATIONS National Planning Policy Guidance/ Statements: PPS1 - Delivering Sustainable Development PPS5 - Planning for the Historic Environment. PPG13 - Transport The Mayor's London Plan (consolidated with alterations since 2004): 4B.1, 4B.2. Relevant Unitary Development Plan Policies: Adopted Barnet Unitary Development Plan 2006: GSD, GBEnv1, GBEnv2, GBEnv3, GParking, ENV12, D1, D2, D3, D4, D5, D6, D9, D10, D11, D12, D13, M11, M12, M14, GCS1, CS4, CS5.

Barnet Core Strategy

The Planning and Compulsory Purchase Act 2004 reformed the development plan system replacing the Unitary Development Plan (UDP) with the Local Development Framework (LDF). The LDF will be made up of a suite of documents including the

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Core Strategy and Development Management Policies DPD. Until the LDF is complete policies within the adopted UDP have been saved for a period of three years.

The Core Strategy will contribute to achieving the vision and objectives of Barnet’s Sustainable Community Strategy and will help our partners and other organisations to deliver relevant parts of their programmes. It will cover the physical aspects of location and land use traditionally covered by planning. It also addresses other factors that make places attractive and distinctive as well as sustainable and successful.

The Council published its LDF Core Strategy Publication Stage document in September 2010. The document has been subject to three rounds of public consultation and is in general conformity with the London Plan therefore weight can be given to it as a material consideration in the determination of planning applications.

Relevant policies: Policy CS5, CS10.

Relevant Planning History: W02612J - Erection of three storey and four storey/three storey buildings containing 540 student bedrooms and use of listed building as 39 bedrooms and ancillary student accommodation. - Approved Consultations and Views Expressed: Neighbours Consulted: 247 Replies: 29 Neighbours Wishing To Speak 1 The objections raised may be summarised as follows: increased pressure on local services impact on local parking increased noise and odour pollution environmental pollution and litter increase in antisocial behaviour noise from deliveries Letter of support from Middlesex University minimise travel and improve safety Internal /Other Consultations: Environmental Health - Acceptable subject to conditions requiring details of flues

and extractor equipment Traffic and Development - No objection subject to conditions Conservation and Design - Raise no objection. The use is for a temporary period

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and the impact on the setting of the listed building will be minimal. A condition should, however, be attached to ensure the period of installation does not exceed the 12 weeks specified in the application.

Date of Site Notice: 17 February 2011 2. PLANNING APPRAISAL Site Description and Surroundings: The site is the car park between Writtle House and Platt Halls accessed from Chancellor Place. The site contains a number of modern 3 and 4 storey buildings known as Platt Halls, and also a part two/part three storey building known as Writtle House (Former RAF East Camp Officer's Mess) that are currently used as student accommodation. The site has a car parking area enclosed within the centre of the site, and a number of trees in the vicinity are protected by Tree Preservation Order. The site locality is mixed in character with residential development at the Grahame Park Estate to the north and Beaufort Park to the east, and the Metropolitan Police Training Centre to the south. Proposal: The proposal is for the installation of 15 single storey 'Portakabins' to be used as classrooms and canteen accommodation for a Summer School for a period of 12 weeks every year for 3 years, including the loss of 102 Parking spaces during the 12 week period. 10 no. 'Portakabins' would be sited to the east of the site located towards Platt Halls. These would each be 3.8m by 9.6m in area and 3m overall height. There would be 5no. 'Portakabins' to the west of the site opposite Writtle House. These would include a larger canteen 'Portakabin' 10m x 29m, one 3.8m x 9.6m 'Portakabin', and 2.no 3m x 7.8m 'Portakabins' for food preparation, and a 3m x 4.6m 'Portakabin'.

The site already has existing separate foul and surface drainage systems that the applicant intends to connect to. This existing system has sufficient capacity for the proposed installation, and the applicants consider that the installation of new drainage systems will not be required.

The site currently has 228 parking bays. The proposed layouts include for a pedestrian area around the classrooms and canteen area which will be restricted to access for emergency vehicles only. This will leave 126 car parking spaces and an area for around 24 cycles. There will be 126 spaces left for parking, with a maximum of 25 space usage over the summer as the students occupying the halls of residence will not be driving. At present, the students stay in the halls of residence on this location and walk to the local college.

During the annual 12 weeks of the application period the student resident group will be aged around 12 years to 16 years and of overseas origin arriving in the UK by air.

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As such they are not of driving age and will not have vehicles that require parking. Colindale Station is within walking distance and children would be accompanied by chaperones on trips and any excursions.

The site will be manned by hall management, security and maintenance staff as required. During the summer school period, management will be by teachers, of which there will be 25. The amount of cars on site at any time will not exceed 25 in number. These will be parked on site in the bays to the area to the front of Writtle House.

The site that comprises of Platt Halls and Writtle House is made up of several buildings that form a halls of residence for 576 students during a 40 week term whilst attending Middlesex University.

Platt Halls comprises of 90 cluster flats each containing 6 en suite rooms and a shared kitchen.

Writtle house , which was the airport hotel in the 1930s, comprises 36 student bedrooms with shared bathrooms and kitchens, various common rooms and site accommodation office.

The Middlesex University students vacate site at the end of the academic year ( June at the latest ). These rooms are then occupied by the summer school students until the start of the new academic year in September when a new intake of Middlesex students arrive.

The site has been used for summer school accommodation as well as academic year accommodation since the construction of the Platt Halls buildings around 15 years ago.

Planning Considerations:

The main issues are considered to be: a) Whether the principle of the development is acceptable b) Whether the proposal would have an acceptable impact on the character and appearance of the general locality, streetscene and setting of listed building c) Whether the proposal would have an acceptable impact on neighbouring amenity d) Whether the proposal would have an acceptable impact on highway and pedestrian safety e) Whether the proposal would have an acceptable impact on trees of special amenity value Policy context General Policy GBEnv1 aims to maintain and improve the character and quality of the environment. Policies D1 and D2 aims to ensure compatibility with the established character and architectural identity of existing and adjoining properties and the general location in terms of scale, design and impact on neighbouring properties. Established local character and town scape quality can be harmed by insensitive development, which

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is out of scale with and unrelated to the locality. Policy D3 requires that The size, shape, position and detailing of spaces created within or around new buildings should enhance the development of which they are part, and should be in keeping with the overall character and quality of the area. Policy D4 states that New development should respect the constraints of the site to accommodate development and should not result in over-development. Part of policy D5 requires new development to safeguard outlook and light of neighbouring residential occupiers Policy D6 advises that to ensure attractive, safe and, where appropriate, vibrant streets, new development should provide visual interest, particularly at street level. Blank walls overlooking streets will be resisted and new development should provide windows to such elevations.

Policy D9 advises that the council will require all new development to be designed to provide safety and security.

in the environment and reduce opportunities for crime and the fear of crime. Particular

regard shall be given to: ensuring that public areas are overlooked by buildings; increasing natural surveillance in public areas at different times by promoting

a mix of land uses in an area; ensuring that main entrances are visible from the street or other public places; ensuring that streets and paths are well and appropriately lit; ensuring that buildings, landscaping and planting do not create dark or

secluded areas; and creating clear boundaries between public and private space.

Policy D10 states that where the crime profile has indicated that a proposed development is likely to affect community safety in nearby or adjacent areas, the developer will be required to enter into planning obligations with the council to undertake measures which will improve safety and security in those areas.

Policy D12 advises that the council recognises that trees are important visual features in the landscape and townscape and are of environmental importance. Therefore the council will:

Make Tree Preservation Orders where appropriate to protect trees of high public amenity value;

Require replanting with suitable species where appropriate when protected trees are to be felled; and

Resist treatment to protected trees which does not accord with good arboricultural practice.

Policy M11 states that the council will ensure that the safety of road users, particularly those at greater risk, is taken fully into account when considering development proposals.

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Policy M12 states that the council will seek to reduce accidents by refusing development proposals that unacceptably increase conflicting movements on the road network or increase the risk, or perceived risk, to vulnerable road users. Policy M14, requires that the council will expect development to provide parking in accordance with the London Plan parking standards, except in the case of residential development, where the standards will be: i. 2 to 1.5 spaces per unit for detached and semi-detached houses; ii. 1.5 to 1 spaces per unit for terraced houses and flats; and iii. 1 to less than 1 space per unit for development consisting mainly of flats. Policy CS4 advises that proposals for the development of educational facilities will be permitted where they:

are easily accessible by public transport, walking and cycling; would not have a demonstrably harmful impact on the character of the

surrounding area and amenities of nearby residential properties and other uses; and

are designed to be accessible by people with disabilities. Policy CS5 sets out that the council will encourage the multiple use of existing and new educational facilities for community or leisure activities, provided that the proposed uses would:

be ancillary to the main use of the facility for education; not interfere with the delivery of the education service; and not have a demonstrably harmful impact on the character of the surrounding

area or amenities of nearby residential properties and other uses. Principle The proposal seeks to provide teaching and catering facilities on the site for students attending courses on English Language aged between 12-16 years old. The students would stay in the Middlesex University Halls as they do currently. The courses are currently taught at the Barnet College site on Grahame Park Way and the students walk there from the site. As part of the proposal the courses would be moved on site. The proposal would relocate existing courses run by a private company to the site. The Unitary Development Plan does not have any specific policy in reference to short term classes, but does contain wider policies on educational facilities. The proposed use in principle would prevent the need to travel between the application site and Barnet College. It is considered that in principle a temporary educational use would be acceptable. Character and Appearance The site locality is mixed in character.

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Writtle House is a Grade II listed building. The 'Portakabins' would be sited in the car parking areas on site. This would mean that they are screened by higher buildings from all sides apart from glimpsed views across the site through gaps. Whilst a view of some of the Portakabins would be visible from the north on Grahame Park Way, this would be approximately 50m away. The temporary nature of the use and buildings is acknowledged. Given that the buildings would only be present up to twelve weeks of the year, and that they are largely screened by neighbouring buildings, it is considered that they would not cause a significant level of harm to the character or appearance of the streetscene and general locality. It is not considered that any impact on the setting of Writtle House would be materially harmful, the front view of the building would not be obscured, and the majority of the Portakabins would only be visible within the enclosed site. Amenity Visual The proposed Portakabins would be visible from the nearest residential properties at Batallion House and Ball House, from the upper storeys. Given that the proposed use would be temporary for 12 weeks of the year, it is not considered that the proposed Portakabins would harmfully impact the visual amenity of neighbouring residents. The Portakabins would all be single storey in height, and whilst the roof and some of the walls of these structures would be visible from above it is not considered that these would result in a harmful loss of outlook, daylight, or sunlight. It is considered that the proposals would have an acceptable impact on neighbouring visual amenity. Residential The proposal would involve up to 500 students being housed on the site. The existing halls on site accommodate up to 576 students during term time. The nearest Portakabin would be located approximately 30m from the nearest residential properties at Ball House to the south-east. Furthermore one of the Platt Halls building would be located in between. It is acknowledged that the proposal would result in students on site through the entire year for a period of 3 years. The level of activity on site would be similar to that which currently exists. It is not considered that the proposed use of the site as a summer school would harm the residential amenities of surrounding residents.

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Trees The proposed 'Portakabins' would be sited on existing parking spaces. Trees to the east of the site are subject to Tree Preservation Order and are in close proximity to the proposed Portakabins. The Portakabins are located on the car park itself adjacent to grass verges, on which the trees are located. The applicant has confirmed that there would be no alterations to drainage or excavation. Given that they would be built on existing hardstanding it is not considered that there would be harm to trees of special amenity value. Highways The structures will be sited in a car park area in between the halls of residence. The Portakabins will be used as classrooms for summer school students who will be residing in the surrounding buildings. The design and access statement claims that the accommodation buildings have been rented out in the past but that the students were taught elsewhere. Therefore the proposal will allow the summer school students to be housed and taught on one site and would not increase trip generation. The Portakabins will reduce the number of available parking spaces by a considerable number, however a total of 126 will remain. This is considered acceptable in this instance as summer school students are less likely to bring vehicles to the site than the regular students. Conditions are proposed requiring the following:

the Portakabins should only be in place for 12 weeks each year and this must be outside of the University’s term time.

the permission should be time limited to avoid conflict with the on-going redevelopment of the area.

the Portakabins should only be used for residents of the summer school, to avoid the structures being used for external students.

No objections are raised to the proposal subject to the conditions outlined above. 3. COMMENTS ON GROUNDS OF OBJECTIONS

increased pressure on local services - It is not considered that the proposed use of the site as a summer school would have harmful impact on local infrastructure. The use would not involve a larger number of students than already live on site throughout the year, the difference being that courses would be taught on site.

impact on local parking - Addressed in main report. increased noise and odour pollution - Extraction and Ventilation details would

be controlled by condition. The use would not involve a larger number of students than already live on site throughout the year, the difference being that courses would be taught on site. As students already live on the site, it is not considered that the increased activity from the use of the canteen and

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teaching areas would harm neighbouring residential amenity. environmental pollution and litter - There are existing refuse bins on site. A

condition has been attached requiring details of a site management scheme. increase in antisocial behaviour - Students already live on the site, it is not

considered that the increased activity from the use of the canteen and teaching areas would result in a material increase in antisocial behaviour.

noise from deliveries - A condition has been attached requiring a delivery management plan.

4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Council’s Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. 5. CONCLUSION The application is recommended for APPROVAL.

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SITE LOCATION PLAN: Car Park between Writtle House and Platt Halls, Chancellor Place, London, NW9 5HA REFERENCE: H/05003/10

© Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA100017674 2010

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LOCATION:

Breasy Place, 9 Burroughs Gardens, London, NW4 4AU

REFERENCE: H/00067/11 Received: 21 December 2010 Accepted: 17 January 2011 WARD(S): Hendon

Expiry: 14 March 2011

Final Revisions: APPLICANT: Arlen Properties Plc. PROPOSAL: Creation of pitched roof above existing building to create

additional floor. RECOMMENDATION: Approve Subject to Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans: Site plan, 5941-01, 5941-02, 5941-02B, 5941-03B, Design and Access Statement. Reason: For the avoidance of doubt and in the interests of proper planning.

2 This development must be begun within three years from the date of this permission. Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

3 Before the development hereby permitted commences, details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved. Reason: To safeguard the visual amenities of the locality.

4 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8.00 am or after 1.00 pm on Saturdays, or before 8.00 am or after 6.00pm on other days unless previously approved in writing by the Local Planning Authority. Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties.

5 The premises shall be used for an office and no other purpose (including any other purpose in Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order, 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order, with or without modification). Reason: To enable the Local Planning Authority to exercise control of the type of use within the category in order to safeguard the amenities of the area.

6 No development shall take place until details of the arrangements to meet the obligation for library facilities and the associated monitoring costs have been submitted to and approved in writing by the local planning authority.

Reason: To ensure the proper planning of the area and to comply with policies CS2, IMP1 and IMP2 of the adopted Unitary Development Plan and the adopted Supplementary Planning Documents “Contributions to Education”, "Contributions to Health Facilities", “Contributions to Libraries” and "Planning Obligations".

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decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in the Mayor's London Plan (published 10 February 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following polices are relevant: The Adopted Barnet Unitary Development Plan (2006): GBEnv1, GEmp2, D1, D2, D3, D4, D5, D6, D9, HC1, EMP6, EMP8, CS2, IMP1, IMP2 and: ii) The proposal is acceptable for the following reason(s): - The proposal is acceptable in terms of design, scale and size and is not considered to be detrimental to the character and appearance of the property and streetscene, or the visual and residential amenities of neighbouring occupiers.

1. MATERIAL CONSIDERATIONS National Planning Policy Guidance Planning Policy Statement 1: Delivering Sustainable Development Planning Policy Statement 4: Planning for Sustainable Economic Growth Planning Policy Guidance 13: Transport Strategic Planning Policy None Specific Local Development Plan The relevant development plan for the London Borough of Barnet is the Barnet Unitary Development Plan (adopted 18th May 2006) and the Mayor’s London Plan (published February 2004). Relevant Unitary Development Plan Policies: GBEnv1, GBEnv2, D1, D2, D3, D4, D5, D6, GEMP2, GEMP3, EMP6, EMP8, HC1, M11, M12, M14, CS2, IMP1, IMP2. Supplementary Planning Document: Sustainable Design and Construction.

Barnet Core Strategy

The Planning and Compulsory Purchase Act 2004 reformed the development plan system replacing the Unitary Development Plan (UDP) with the Local Development Framework (LDF). The LDF will be made up of a suite of documents including the Core Strategy and Development Management Policies DPD. Until the LDF is complete policies within the adopted UDP have been saved for a period of three years.

The Core Strategy will contribute to achieving the vision and objectives of Barnet’s Sustainable Community Strategy and will help our partners and other organisations

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to deliver relevant parts of their programmes. It will cover the physical aspects of location and land use traditionally covered by planning. It also addresses other factors that make places attractive and distinctive as well as sustainable and successful.


Policies CS5 and CS8 are considered especially relevant. Relevant Planning History: Application: Planning Number: W/05588/K/07 Validated: 11/05/2007 Type: APF Status: DEC Date: 06/07/2007 Summary: REF Case Officer: Deirdre Jackman Description: Second floor extension.

Application: Planning Number: H/03032/08 Validated: 20/08/2008 Type: APF Status: DEC Date: 15/10/2008 Summary: REF Case Officer: Graham Robinson Description: Demolition of existing pair of semi-detached houses currently used as hotels and

erection 8 flats with basement parking. Application: Planning Number: W/16096/07 Validated: 10/10/2007 Type: APF Status: DEC Date: 21/12/2007 Summary: APC Case Officer: Graham Robinson Description: Construction of additional office floor above existing single storey office building.

Single storey front extension. 9A The Burroughs

W05588L/07 - Second floor extension. - Refused - 17/12/2007 - Dismissed at Appeal - 04/09/2008

Consultations and Views Expressed: Neighbours Consulted: 49 Replies: 3 Neighbours Wishing To Speak 1 The objections raised may be summarised as follows: loss of light increase in traffic, deliveries, visitors. Reduced availability of parking bays noise and disturbance site is already overdeveloped impact on character of local area and Burroughs Gardens can applicants contribute to local parking

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Internal /Other Consultations: Traffic & Development - The proposal is for the erection of an additional floor to

an office building in order to provide an extra 213m2 of office space. No additional parking is being provided. However, it is noted that site benefits from the following:

The application is for an extension to an existing use. The site has some parking within it The site is close to good public transport links The site is situated within a Controlled Parking Zone The site is close to several pay & display parking areas

Taking the above into account it is considered that the additional proposed office space will not have a detrimental impact on the surrounding highways. Date of Site Notice: 10 February 2011 2. PLANNING APPRAISAL Site Description and Surroundings: The site is Breasy Place, an office development accessible from Burroughs Gardens. The existing building on site is two storeys with a flat roof to the south, and two storeys including crown roof further west. The building is part single storey to the north. The site is located adjacent to two storey office buildings to the west on Bavdene Mews. These have a gable ended roof with shallow pitch facing The Burroughs though this is largely screened from the Burroughs by 25-29 The Burroughs, a three storey building with gable ended roof. The site is located adjacent to 9A The Burroughs which is a two storey building with lower hipped roof. To the west and south-west of the site is St. Josephs School, a three storey building. This property has windows facing the site. To the north of the site are two storey residential properties on Burroughs Gardens. The site is located adjacent to The Burroughs Conservation Area. Proposal: The proposal is for an additional storey above the existing offices to form a second floor for additional office accommodation. The proposals involve the creation of an additional pitched roof above the existing flat roof at first floor level. The extension would not extend over the single storey flat roof area to the north side facing Burroughs Gardens.

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Following pre-application discussions, the massing of the roof has been reduced and all dormers have been removed, and the extension has been reduced in depth to 23.8m. Planning Considerations: Policy Context General Policy GBEnv1 aims to maintain and improve the character and quality of the environment. Policies D1 and D2 aims to ensure compatibility with the established character and architectural identity of existing and adjoining properties and the general location in terms of scale, design and impact on neighbouring properties. Established local character and town scape quality can be harmed by insensitive development, which is out of scale with and unrelated to the locality. Policy D3 requires that The size, shape, position and detailing of spaces created within or around new buildings should enhance the development of which they are part, and should be in keeping with the overall character and quality of the area. Policy D4 states that New development should respect the constraints of the site to accommodate development and should not result in over-development. Part of policy D5 requires new development to safeguard outlook and light of neighbouring residential occupiers. Policy D6 advises that to ensure attractive, safe and, where appropriate, vibrant streets, new development should provide visual interest, particularly at street level. Blank walls overlooking streets will be resisted and new development should provide windows to such elevations. Policy EMP6 advises that in considering proposals for new office development, preference will be given to proposals that involve: i. The re-use or redevelopment of existing, vacant office premises; or ii. Sites in town centres, provided that such sites are highly accessible by public transport, are intended to host mixed use schemes, and there would be no harm caused to the vitality and viability of the town centres. Proposals for offices outside town centres or in areas of low accessibility will usually not be acceptable. Policy EMP8 informs that the council will encourage proposals which provide B1 accommodation for small and starter businesses. Policy M11 states that the council will ensure that the safety of road users, particularly those at greater risk, is taken fully into account when considering development proposals. Policy M12 states that the council will seek to reduce accidents by refusing

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development proposals that unacceptably increase conflicting movements on the road network or increase the risk, or perceived risk, to vulnerable road users. Policy M14, requires that the council will expect development to provide parking in accordance with the London Plan parking standards, except in the case of residential development, where the standards will be: i. 2 to 11/2 spaces per unit for detached and semi-detached houses; ii. 11/2 to 1 spaces per unit for terraced houses and flats; and iii. 1 to less than 1 space per unit for development consisting mainly of flats. Policy CS2 advises that the council will seek to enter into planning obligations, where appropriate, in conjunction with new developments, to secure the provision of community and religious facilities. Principle of Extension to Offices The proposal seeks to provide an additional 213 square metres of office space. The site is not designated within the Unitary Development Plan as an industrial or business park. Council Policy is supportive of proposals which provide B1 accommodation for small and starter businesses. Policy EMP3 advises that the expansion, conversion or redevelopment of premises for uses falling within classes B1, B2, B8 or similar uses will be permitted in the borough’s Primary Industrial Sites and Business Parks, and at other premises falling within those use classes, provided that: i. The development would not adversely affect residential amenity or highway and traffic conditions; and ii. Would not lead to a significant reduction in employment provided on the site; and iii. The resultant trip generation is catered for by the most sustainable means. It is therefore advised that in principle the Council would support the expansion of the site for office use. Impact on the Character and Appearance of the Streetscene, General Locality and Adjacent Conservation Area Buildings in the immediate locality are a mixture of two storey and three storeys in height. Generally they are traditional in design and modest in scale. It is noted that both the neighbouring roofs and Bavdene Mews and 9A Burroughs Gardens have shallow pitches and it is considered that the proposed roof would reflect this. It is considered that a small scale extension to the front of the building at second floor level would be acceptable. The proposed third storey would not extend across the entire building in depth and would terminate before St. Josephs School to the rear. It would largely be screened by the existing building except for the top part of the pitched roof. It is noted that an application was refused at no.9A Burroughs Gardens and subsequently dismissed on appeal for an additional storey at this location. However this was larger and significantly more bulky than the current proposal.

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Given the relatively modest pitch of the proposed roof, and the design of the existing building, it is not considered that the proposal would appear incongruous in the locality. Whilst it is noted that there are a number of attractive traditional buildings within the locality, the site itself is a number of office buildings, and within this immediate context the proposal would not appear obtrusive. It is considered that the side elevation facing Burroughs Garden would not appear obtrusive given the shallow pitch of the roof and that it would be partially hidden by the building at 9A Burroughs Gardens. It is considered that the proposal would have an acceptable impact on the character and appearance of the streetscene and general locality. It is considered that it would not harm the appearance or character of the neighbouring conservation area. Impact on Neighbouring Amenity The proposed extension would terminate before the windows at second floor level at St. Josephs School. Therefore it is not considered that the proposal would harmfully impact this building. Given that the extension is sited approximately 29m from the front walls of properties on Burroughs Gardens, it is not considered that the proposals would cause undue loss of light or outlook to these residents. It is considered that the proposals would not significantly harm the visual or residential amenities of neighbouring occupiers. Section 106 Issues In line with the relevant supplementary planning document, the proposal would necessitate the following planning obligations: £416.32 towards libraries facilities within the Borough. £20.82 associated monitoring costs. 3. COMMENTS ON GROUNDS OF OBJECTIONS Generally addressed in main report. 4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Council’s Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. 5. CONCLUSION The application is recommended for APPROVAL.

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SITE LOCATION PLAN: Breasy Place, 9 Burroughs Gardens, London, NW4 4AU REFERENCE: H/00067/11


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LOCATION:

5/7 Heriot Road, London, NW4 2EG

REFERENCE: H/00627/11 Received: 14 February 2011 Accepted: 14 February 2011 WARD(S): Hendon

Expiry: 11 April 2011

Final Revisions: APPLICANT: Mr & Mrs R Lord PROPOSAL: Retention of new build house as built (as an amendment of

planning permission W07739D/04). RECOMMENDATION: Approve Subject to Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans:Design and access statement, 'as built plans', 'heriot road elevation' and 'elevations'. Reason: For the avoidance of doubt and in the interests of proper planning.

2 A scheme of hard and soft landscaping, including details of existing trees to be retained, shall be submitted to and agreed in writing by the Local Planning Authority within 6 months of the date of this decision. Reason: To ensure a satisfactory appearance to the development.

3 All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner, or commencement of the use. Reason: To ensure a satisfactory appearance to the development.

4 Any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season. Reason: To ensure a satisfactory appearance to the development.

5 Before development hereby permitted is occupied, turning space and parking spaces shall be provided and marked out within the site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority and that area shall not thereafter be used for any purpose other than the parking and turning of vehicles. Reason: To ensure that parking and associated works are provided in accordance with the council's standards in the interests of pedestrian and highway safety and the free flow of traffic.

6 No structure or erection with a height exceeding 1.05m above footway level shall be placed along the frontage(s) of Heriot Road from a point 2.4m from the highway boundary for a distance of 2.4m on both sides of the vehicular access(es). Reason: To prevent danger, obstruction and inconvenience to users of the adjoining

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highway and the premises. 7 Before the building hereby permitted is occupied the proposed window(s) in the

flank elevations facing 3 and 9 Heriot Road shall be glazed with obscure glass only and shall be permanently retained as such thereafter and shall be permanently fixed shut with only a fanlight opening, unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties.

8 Before the development hereby permitted commences, details of the materials to be used for the hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved. Reason: To safeguard the visual amenities of the locality.

9 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no development otherwise permitted by any of Classes A, B, C, D or E of Part 1 to Schedule 2 of that Order shall be carried out within the area of the curtilage of the dwelling known as 5/7 Heriot Road hereby approved without the prior written permission of the local planning authority. Reason: To safeguard the amenities of neighbouring occupiers and the general locality.


decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following polices are relevant: Adopted Barnet Unitary Development Plan (2006): GBEnv1, GBEnv2, GParking, M11, M12, M13, M14, ENV12, D1, D2, D3, D5, D9, D10, D11, H16, H17, H18 and H27. ii) The proposal is acceptable for the following reason(s): - The house as built has an acceptable impact on the character and appearance of the street scene and the amenities of the neighbouring occupiers. It complies with all relevant council policy and design guidance.

1. MATERIAL CONSIDERATIONS National Planning Policy Guidance/ Statements: Planning Policy Statement 1: Delivering Sustainable Development Planning Policy Statement 3: Housing Planning Policy Guidance note 13: Transport Planning Policy Guidance note 24: Planning and Noise The Mayor's London Plan (consolidated with alterations since 2004): 1.1, 1.2, 2A.1, 2A.2, 2A.9, 3A.3, 3A.4, 4A.1, 4A.3, 4B.1, 4B.2, 4B.8.

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Relevant Unitary Development Plan Policies: GBEnv1, GBEnv2, GParking, M11, M12, M13, M14, ENV12, D1, D2, D3, D5, D9, D10, D11, H16, H17, H18 and H27. Supplementary Planning Document - Sustainable Design and Construction Relevant Planning History: Application: Planning Number: H/03253/10 Validated: 07/09/2010 Type: APF Status: WDN Date: 02/11/2010 Summary: WIT Case Officer: Sally Fraser Description: Retention of new build house as built (as an amendment of planning permission

W07739D/04). Application: Planning Number: W07739E/04 Validated: 14/02/2011 Type: CON Status: Approved Date: 25/10/2005 Summary: DEL Case Officer: Andre Booyens Description: Submission of details for parking, visibility, levels, materials, means of enclose and

landscaping relating to application W07739D. Application: Planning Number: W07739D/04 Validated: 06/01/04 Type: APF Status: Approved Date: 2/3/2004 Summary: DEL Case Officer: Andre Booyens Description: Erection of a new 3 storey detached dwelling house.

Consultations and Views Expressed: Neighbours Consulted: 62 Replies: 3 (including 1 in support) Neighbours Wishing To Speak 0 The objections raised may be summarised as follows: size of property out of keeping with surrounding houses loss of light further pressure on parking At the time of writing the report, the consultation period had not yet expired. Any further objections will be reported within the addendum to the report. Internal /Other Consultations: Traffic & Development - no objection Date of Site Notice: 03 March 2011 2. PLANNING APPRAISAL Site Description and Surroundings: The application site comprises a recently constructed 3 storey single family dwelling

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house with a gable ended roof. To the east of the site lies an access road known as Prestige Way and to the east of this, the properties at 1-3 Heriot Road. To the west lies a detached house at 9 Heriot Road. Planning History An application for a new 3 storey house was approved in 2003 (ref W07739D/03). An application to discharge conditions attached to that permission was also approved in 2004 (ref W07739E). The plans submitted to discharge conditions showed a different elevational treatment to the front elevation, than the approved plan. Although the overall dimensions of the building were the same, 2 additional windows were shown at second floor level. Work commenced on site in March 2008 but the house has not been built in accordance with the approved plans. Proposal: The applicant requests permission for the retention of the house as built. The house is different to the approved scheme in 2 main ways: the building is 2.4m less deep than approved. The depth to the rear has been

reduced, so that the siting of the front building line of the house remains as approved.

despite the decrease in depth, the angle of the roof pitch remains the same. This has meant that the eaves of the house have been built approximately 1.2m higher than approved.

All other aspects of the scheme, including the overall height of the house, the width and number of floors remain as approved. the width of the house is 7m, as approved the maximum depth is 17.4m (the approved is 19.8m). the height to ridge is 12m, as approved. The house as built has a different appearance to the one approved however. Although the house is 2.4m less deep than approved, the roof pitch and ridge height are the same. As a consequence the eaves have been built higher than approved, on both front and rear elevations. at the front, the lower eaves height is 0.8m higher than approved and the upper

eaves height is 1.2m higher. at the rear the difference is 0.5m to both eaves. Planning Considerations: Character and appearance The increase in eaves height has the effect of making the building appear taller,

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given the additional height of brickwork and the height of the eaves relative to the adjoining building. The house relates less well to no. 9 as a result. The reduction in depth of the house however makes the building appear less bulky in some views, particularly the flank elevation to Prestige Way which is highly visible from Heriot Road and the decrease in depth is beneficial to this aspect. The house has a somewhat discordant appearance however in relation to the adjoining house at 9 Heriot Road, due to the difference in eaves level between the 2 properties. Overall however the house is smaller (in depth) than approved and its appearance remains similar to the approved scheme. The impact of the development on the street scene and on the visual amenities of the neighbouring occupiers is not significantly greater than the approved scheme and, as such, the house as built is considered acceptable in appearance terms. Neighbouring occupiers The reduction in the depth of the house at the rear reduces the impact of this part of the development on the neighbouring occupiers at number 9 compared to the approved scheme. This reduces the bulk of the development and is of benefit to the adjoining occupiers. At the front the additional eaves height of the front wall is sited close to number 9. The distance from the development to that house remains the same however, as does its overall height. The increase in eaves height alone does not cause any additional undue loss of outlook or light to the front windows of the house. The house is considered to have an acceptable impact on the residential amenities of the neighbouring occupiers. 3. COMMENTS ON GROUNDS OF OBJECTIONS Mainly addressed above. Parking was assessed with the approved scheme and considered acceptable. 4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Council’s Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. 5. CONCLUSION The development complies with council policy and design guidance. APPROVAL is recommended.

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SITE LOCATION PLAN: 5/7 Heriot Road, London, NW4 2EG REFERENCE: H/00627/11


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LOCATION:

The Hollow, 17 Eleanor Crescent, London, NW7 1AH

REFERENCE: H/00688/11 Received: 16 February 2011 Accepted: 18 February 2011 WARD(S): Mill Hill

Expiry: 15 April 2011

Final Revisions: APPLICANT: Amadeus Properties Ltd. PROPOSAL: Demolition of existing dwelling and garage and erection of a

two storey dwelling including lower ground floor accommodation and integral garage.

RECOMMENDATION: Approve Subject to Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans: 07_811_201, 07_811_202, 07_811_203, 07_811_204, 07_811_205, 07_811_206, 07_811_207, 07_811_208, 07_811_209, 07_811_210, 07_811_211, 07_811_212, 07_811_213, 07_811_214, Design and Access Statement. Reason: For the avoidance of doubt and in the interests of proper planning.

2 This development must be begun within three years from the date of this permission. Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

3 Before the development hereby permitted is occupied the parking spaces/garages shown on Plan 07_811_204 shall be provided and shall not be used for any purpose other than the parking of vehicles in connection with the approved development. Reason: To ensure that parking is provided in accordance with the council's standards in the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area.

4 No structure or erection with a height exceeding 1.05m above footway level shall be placed along the frontage(s) of Eleanor Crescent from a point 2.4m from the highway boundary for a distance of 2.4m on both sides of the vehicular access(es). Reason: To prevent danger, obstruction and inconvenience to users of the adjoining highway and the premises.

5 Before this development is commenced, details of the levels of the building(s), road(s) and footpath(s) in relation to adjoining land and highway(s) and any other changes proposed in the levels of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved. Reason: To ensure that the work is carried out at suitable levels in relation to the highway and adjoining land having regard to drainage, gradient of access and the amenities of adjoining occupiers and the health of any trees on the site.

6 Before the development hereby permitted commences, details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas shall

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be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved. Reason: To safeguard the visual amenities of the locality.

7 Before the development hereby permitted is brought into use or occupied the site shall be enclosed except at the permitted points of access in accordance with details previously submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that the proposed development does not prejudice the appearance of the locality and/or the amenities of occupiers of adjoining residential properties and to confine access to the permitted points in the interest of the flow of traffic and conditions of general safety on the adjoining highway.

8 Before the development hereby permitted commences, details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins or other refuse storage containers where applicable, together with a satisfactory point of collection shall be submitted to and approved in writing by the Local Planning Authority and shall be provided at the site in accordance with the approved details before the development is occupied. Reason: To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area.

9 The roof of the extension hereby permitted shall only be used in connection with the repair and maintenance of the building and shall at no time be converted to or used as a balcony, roof garden or similar amenity or sitting out area, without the benefit of the grant of further specific permission in writing from the Local Planning Authority. Reason: To ensure that the amenities of the occupiers of adjoining properties are not prejudiced by overlooking.

10 Before the building hereby permitted is occupied the proposed window(s) in the first floor flank elevation facing Nos 15, 19 and 21 Eleanor Crescent shall be glazed with obscure glass only and shall be permanently retained as such thereafter and shall be permanently fixed shut with only a fanlight opening, unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties.

11 Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order) no windows, other than those expressly authorised by this permission, shall be placed at any time in the first floor flank elevations facing Nos 15, 19 and 21 Eleanor Crescent without the prior specific permission of the Local Planning Authority. Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties.

12 No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8.00 am or after 1.00 pm on Saturdays, or before 8.00 am or after 6.00pm on other

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days unless previously approved in writing by the Local Planning Authority. Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties.

13 Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced. Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties.

14 A scheme of hard and soft landscaping, including details of existing trees to be retained, shall be submitted to and agreed in writing by the Local Planning Authority before the development, hereby permitted, is commenced. Reason: To ensure a satisfactory appearance to the development.

15 All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner, or commencement of the use. Reason: To ensure a satisfactory appearance to the development.

16 Any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season. Reason: To ensure a satisfactory appearance to the development.

17 Provisions shall be made within the site to ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. Reason: To ensure that the development does not cause danger and inconvenience to users of the adjoining pavement and highway.

18 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no development otherwise permitted by any of Classes A, B, C, D and E of Part 1 to Schedule 2 of that Order shall be carried out within the area of 17 Eleanor Crescent hereby approved without the prior written permission of the local planning authority. Reason: To safeguard the amenities of neighbouring occupiers and the general locality.

19 The dwelling(s) shall achieve a Code Level 3 in accordance with the Code for Sustainable Homes Technical Guide (October 2008) (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued certifying that Code Level 3 has been achieved and this certificate has been submitted to and approved by the local planning authority. Reason:

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To ensure that the development is sustainable and complies with policy GSD of the adopted Unitary Development Plan (adopted 2006) and the adopted Sustainable Design and Construction Supplementary Planning Document (June 2007).

20 Before the development hereby permitted commences, details of the proposed boundary fences shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such details as approved.

Reason: To safeguard the visual amenities of the locality and users of the Open Space.


decision are as follows: - i) The proposed development accords with strategic planning guidance and policies as set out in The London Plan (Consolidated with Alterations since 2004) and the Adopted Barnet Unitary Development Plan (2006). In particular the following polices are relevant: Adopted Barnet Unitary Development Plan (2006): GBEnv1, GBEnv2, D1, D2, D5, O1, M14, H16, H18 and H27 Barnet Core Strategy (2010): CS5 ii) The proposal is acceptable for the following reason(s): - The proposed development would be acceptable in size and design and would not unduly impact upon the visual or residential amenities of the neighbouring occupiers. It complies with all relevant council policy and guidance.

2 Any alteration to the existing crossover or new crossovers will be subject to detailed survey by the Crossover Team in Highways Group as part of the application for crossover under Highways Act 1980 and would be carried out at the applicant’s expense. An estimate for this work could be obtained from London Borough of Barnet, Highways Group, NLBP, Building 4, 2nd Floor, Oakleigh Road South, London N11 1NP

1. MATERIAL CONSIDERATIONS National Planning Policy Guidance/ Statements: PPS1 - Delivering Sustainable Development PPS3 - Housing PPS5 - Planning and the Historic Environment The Mayor's London Plan (consolidated with alterations since 2004): 1.1, 1.2, 2A.1, 2A.2, 2A.9, 3A.3, 3A.4, 4A.1, 4A.3, 4B.1, 4B.2, 4B.8 Relevant Unitary Development Plan Policies: GBEnv1, GBEnv2, D1, D2, D5, HC1, O1, M14, H16, H18 Barnet Core Strategy (2010):

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The Planning and Compulsory Purchase Act 2004 reformed the development plan system replacing the Unitary Development Plan (UDP) with the Local Development Framework (LDF). The LDF will be made up of a suite of documents including the Core Strategy and Development Management Policies DPD. Until the LDF is complete policies within the adopted UDP have been saved for a period of three years.

The Core Strategy will contribute to achieving the vision and objectives of Barnet’s Sustainable Community Strategy and will help our partners and other organisations to deliver relevant parts of their programmes. It will cover the physical aspects of location and land use traditionally covered by planning. It also addresses other factors that make places attractive and distinctive as well as sustainable and successful.


Relevant policy: CS5 Relevant Planning History: Application: Planning Number: W04076 Validated: Type: APF Status: DEC Date: 05/09/1973 Summary: APC Case

Officer:

Description Single storey rear extension and garage at the side. Consultations and Views Expressed: Neighbours Consulted: 14 Replies: 2 Neighbours Wishing To Speak 1 The objections raised may be summarised as follows:

construction of proposed lower ground floor level will alter the water table which could: cause the neighbouring garden to become water logged, cause damage to the foundations of the neighbouring property and cause land slip to neighbouring garden as there will be considerable excavation to construct this lower level

effects on drainage proposed landscaping to the southern boundary of no 17 should be made a

condition of planning consent loss of privacy loss of light

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Internal /Other Consultations: Traffic & Development - No objection subject to conditions and informatives Green Spaces (inc Allotments) - No comments received Date of Site Notice: 24 February 2011 2. PLANNING APPRAISAL Site Description and Surroundings: The application site relates to a detached bungalow located on the east side of Eleanor Crescent which is predominantly residential in character. The property is located on a rectangular shaped plot covering an area of approximately 545m2. The immediate area is characterised by detached bungalows and two storey single family dwellings of traditional and modern design. The site adjoins Green Belt land to the north and is located immediately adjacent to the Mill Hill Conservation Area. Proposal: The application seeks permission for the demolition of the existing dwelling and garage and erection of a two storey dwelling including lower ground floor accommodation and integral garage. The proposed dwelling will measure a maximum of 15.6 metres in width, 16.5 metres in depth and 8.95 metres in height (including lower ground floor level) with a flat roof. Planning Considerations: Policy Context General Policy GBEnv1 aims to maintain and improve the character and quality of the environment. Policies D1 and D2 aims to ensure compatibility with the established character and architectural identity of existing and adjoining properties and the general location in terms of scale, design and impact on neighbouring properties. Established local character and townscape quality can be harmed by insensitive development, which is out of scale with and unrelated to the locality. Policy D5 requires new development to safeguard outlook, privacy and light to neighbouring residential occupiers. Policy M14 requires that the council will expect development to provide parking in accordance with the LondonPlan parking standards, except in the case of residential development, where the standards will be: i. 2 to 1.5 spaces per unit for detached and semi-detached houses. Policy H16 of the Adopted Barnet Development Plan 2006 states that new residential

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developments should harmonise with and respect the character of the area within which they are situated. Policy H17 states that in new residential development there should be a minimum distance of 21 metres between properties with facing windows to habitable rooms to avoid overlooking, and 10.5 metres to a neighbouring garden. This distance should be increased by three metres for each additional storey over two storeys. Where overlooking is a problem, especially in relation to neighbouring development, a higher degree of privacy will be required. In town centre developments and regeneration areas, these standards may not apply. In the case of higher density developments where less distance is provided, proposals should include innovative design solutions to avoid overlooking. Policy H18 provides minimum amenity space standards for new development. PPS3 advises that new housing development should be informed by the wider context, having regard to not only to the neighbouring buildings, but the wider area. Character and appearance PPS3 seeks to secure good design and layout, which should be informed by the wider context. Council policy dictates that new development should be in keeping with the character of the area, in terms of its size, bulk and scale. Eleanor Crescent is characterised by a variety of styles with a mix of single storey bungalows and two storey detached dwellings, often in close proximity. Immediately adjacent to the site are two modern houses which face the flank elevation of the proposed dwelling. The application site is located at the end of a row of bungalows with no specific architectural merit. Given the mix of dwellings in the immediate area, and the location of the application site, a modern house in this location is considered acceptable. It is important that the design of the new house reflects the style of the single family houses surrounding the site. The two modern houses at the end of Eleanor Crescent (Nos 19 and 21), adjacent to the site, have two storey features with flat roofs and it is therefore considered that a flat roof to the proposed dwelling would be in keeping with the immediate character of the area. The proposed dwelling would have an overall height of 8.9 metres (including lower ground level) although only 4.2 metres will be visible from the street level and will be no higher than the neighbouring property at No 15 Eleanor Crescent and substantially lower than the neighbouring properties at Nos 19 and 21. The new dwelling is therefore considered to be in keeping with the character of the immediate area and relates comfortably within the street scene. In terms of its appearance the proposed first floor level will overhang the ground floor by approximately 1.3 metres at the front and 1.5 metres to the rear. Given the overhang is only a partial extension to the front elevation reflecting a porch type feature, it is not considered to detract from the character and appearance of the

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street scene. Furthermore, the design of the building is considered to 'break-up- the front and rear building forms so as not to create a large, continuous development. Impact on neighbouring occupiers Policy dictates that any new development must have an acceptable impact on the living conditions of the neighbouring occupiers, in terms of outlook, light, noise and disturbance and overlooking. The nearest residential neighbour is 15 Eleanor Crescent to the north. The replacement garage would retain the position of the existing single storey garage immediately along the shared boundary and the ground floor of the main dwelling will be located 4 metres away from this shared boundary. The proposed dwelling will respect the existing front and rear building lines of this neighbouring property and the first floor level will be located 7.5 metres away from the boundary with No 15. Given all of the above and the fact the proposed dwelling will be no higher than No 15 it is considered that the proposed dwelling would have minimal adverse impacts on neighbouring amenity, including loss of light. The proposed dwelling will be located a minimum of 11 metres away from the facing habitable room windows of No 19 Eleanor Crescent and 15 metres away from No 21 in accordance with policy H17. A condition has been attached to obscure glaze the windows in the first floor flank elevation facing Nos 17, 19 and 21 Eleanor Crescent and restricting the insertion of further windows without prior consent from the Local Planning Authority. This will mitigate against any overlooking or loss of privacy as perceived by the occupiers of the neighbouring residential properties. Green Belt and Conservation Area The site adjoins green belt land to the north and whilst this application is not constrained by green belt policies the Council needs to ensure that development does not have a detrimental impact on the openness and appearance of the neighbouring green belt land. Given that the dwelling will be no higher than No 15 and will not protrude any further into the rear garden, the proposal is not considered to have an adverse impact on the openess of the green belt. The site is located approximately 70m west of the boundary with the Mill Hill Conservation Area and is therefore not considered to have an impact on its character and appearance. 3. COMMENTS ON GROUNDS OF OBJECTIONS Mostly addressed in the above report. Concerns relating to excavation and foundations including any alterations to the water table will be dealt with by Building Control. A landscaping condition is attached to ensure a satisfactory appearance to the development.

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4. EQUALITIES AND DIVERSITY ISSUES The proposals do not conflict with either Barnet Council’s Equalities Policy or the commitments set in our Equality Scheme and supports the council in meeting its statutory equality responsibilities. 5. CONCLUSION The application is recommended for APPROVAL.

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SITE LOCATION PLAN: The Hollow, 17 Eleanor Crescent, London, NW7 1AH REFERENCE: H/00688/11


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LOCATION: 58-70 Stonegrove, Edgware, HA8 7UB

REFERENCE: H/00892/10 WARD: Edgware APPLICANT: Days and Atkinson’s Almshouse Charity PROPOSAL: Deed of variation to Section 106 Agreement

RECOMMENDATION: That subject to the completion of all necessary legal and other documentation, a Deed of Variation to the Section 106 Agreement attached to planning permission H/00892/10 is authorised to secure the following changes:- (i) The definition of “affordable housing” means “housing that will be made

permanently available to people in Housing Need who cannot afford to rent or buy houses which are generally available on the open market”

(ii) The definition of “‘Affordable Housing Units’ means the provision of 15

Units for Social Rent comprising: 6x1 bedroom (2 person) and 7x2 bedroom (3 person flats); 2x3 bedroom (6 person) houses within the Development which are owned by the Owner”

(iii) The definition of “‘Housing Need means any person who is:

certified by the Owner as being in need of Affordable Housing according to the Owner’s Objects; or

on the Council’s Register of those in need of Affordable Housing and certified by the Owner as being in need of Affordable Housing according to the Owner’s Objects and charitable purposes”

(iv) The definition of “‘Units for Social Rent’ means the Residential Units to be provided by the Owner in accordance with the Owner’s Objects to a person or persons in Housing Need subject always to the Owner’s terms and conditions of occupancy that the occupants are not tenants and do not have a legal interest in the Residential Units "’

(v) The definition of “Registered Social Landlord” and the reference to “Registered Social Landlord” in the section 106 agreement shall be deleted and substituted with the following definition and wording:

“‘Affordable Housing Provider’ means a registered provider or a housing association or another person or organisation from time to time permitted by law to provide Affordable Housing falling within the relevant Affordable Housing category and registered pursuant to the Housing and Regeneration Act 2008”

(vi) Paragraph 2 of the Third Schedule in the section 106 agreement shall be

deleted and the following wording shall be inserted by way of a substitution: “‘The Owner shall grant to the Council the right to nominate suitable

households in Housing Need to nine of the Affordable Housing Units

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PROVIDED ALWAYS that such right shall be subject to the Owner’s right to reject the Council’s nominees in the event that they do not meet the Owner’s Objects and charitable purposes and in such circumstances the Owner shall provide the Council with written reasons for the rejection”.

1. MATERIAL CONSIDERATIONS 1.1 Relevant Planning History

Application Ref.

Address Description of Development Decision and Date

H/00892/10 58-70 Stonegrove, Edgware, HA8 7UB

Demolition of existing detached house and 6no. bungalow almshouses. Erection of 3 storey detached building comprising of 13no. 1 and 2 bedroom flats and erection of 2no. two storey semi-detached 3 bedroom houses, (to provide a total of 15 affordable housing units) accessed from Park Grove, with housing management office & associated landscaping and parking.

APPROVED 3rd June 2010 following completion of Section 106 Agreement.

1.2 Background

Members will recall that the planning application for the redevelopment of 58-70 Stonegrove (ref: H/00892/10) was approved at Hendon Area Planning Sub-

Committee on the 29th April 2010 subject to the completion of a section 106 agreement to ensure the proposed development will only be used as affordable

housing units. Planning consent was subsequently issued on 3rd June 2010 after the section 106 was signed. At the time the section 106 Agreement was completed it was acknowledged that the Agreement may need to be varied by Deed. This has proved to be necessary because some of the definitions within the Agreement are in breach of the Charity’s objects which would leave the Charity open to censure by the Charity’s Committee. The proposed variations are specified below. 1.3 Proposed Amendments within Section 106

The following changes within the signed section 106 agreement are proposed:- (i) The definition of “affordable housing” means “housing that will be made

permanently available to people in Housing Need who cannot afford to rent or buy houses which are generally available on the open market”

(ii) The definition of “‘Affordable Housing Units’ means the provision of 15

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Units for Social Rent comprising: 6x1 bedroom (2 person) and 7x2 bedroom (3 person flats); 2x3 bedroom (6 person) houses within the Development which are owned by the Owner”

(iii) The definition of “‘Housing Need means any person who is:

certified by the Owner as being in need of Affordable Housing according to the Owner’s Objects; or

on the Council’s Register of those in need of Affordable Housing and certified by the Owner as being in need of Affordable Housing according to the Owner’s Objects and charitable purposes”

(iv) The definition of “‘Units for Social Rent’ means the Residential Units to be provided by the Owner in accordance with the Owner’s Objects to a person or persons in Housing Need subject always to the Owner’s terms and conditions of occupancy that the occupants are not tenants and do not have a legal interest in the Residential Units "’

(v) The definition of “Registered Social Landlord” and the reference to “Registered Social Landlord” in the section 106 agreement shall be deleted and substituted with the following definition and wording:

“‘Affordable Housing Provider’ means a registered provider or a housing association or another person or organisation from time to time permitted by law to provide Affordable Housing falling within the relevant Affordable Housing category and registered pursuant to the Housing and Regeneration Act 2008”

(vi) Paragraph 2 of the Third Schedule in the section 106 agreement shall be

deleted and the following working shall be inserted by way of a substitution: “‘The Owner shall grant to the Council the right to nominate suitable

households in Housing Need to nine of the Affordable Housing Units PROVIDED ALWAYS that such right shall be subject to the Owner’s right to reject the Council’s nominees in the event that they do not meet the Owner’s Objects and charitable purposes and in such circumstances the Owner shall provide the Council with written reasons for the rejection”.

NOTE: all other wording in the original section 106 remains unchanged. All of the amendments set out above have been agreed with the council's Affordable Housing and Legal officers. 1.4 Conclusion

The proposed changes to the definitions in the section 106 agreement are acceptable and are considered necessary in order to make the scheme viable. The changes are recommended for approval to allow the Deed of Variation to be completed.

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