section 1 – site location map - lambeth · section 2 – application summary location chivas...

30
Section 1 – Site Location Map

Upload: others

Post on 18-Jul-2020

4 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

Section 1 – Site Location Map

Page 2: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

Section 2 – Application Summary

Location Chivas Distillery 20 Montford Place London SE11 5DE

Ward Oval

Proposal Application

Partial change of use at ground and second floor level to a visitor centre together with the erection of 4 storey extension.

Applicant Chivas Brothers Ltd

Agent CB Richard Ellis 1A Kingsley House Wimpole Street London W1G 0RE

Date valid 29 March 2011

Case Officer Ms Seonaid Carr

Application Reference

11/01009/FUL

Recommendation(s) Grant planning permission subject to a Section 106 agreement to secure the following: • Travel Plan • Financial contributions towards public realm improvements within the vicinity of the site.

Constraints Environment Agency Flood Zone

HSE Consultation Zone Key Industrial and Business Area Locally Listed Building B Cons Area - Prim Hill to Pala of West' Protected Vistas

Advert Publication Date

Not Applicable

Site Notice posted on

18th April 2011

Page 3: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

1. Summary Of Main Issues

1.1. The acceptability of the proposed change of use; 1.2. The acceptability of the alterations and extensions on the character and

appearance of the host building, neighbouring Conservation Area and neighbouring Listed Buildings along Montford Place.

1.3. The impact the proposed development would have on surrounding

residential amenity; 1.4. The impact the proposed development would have on the surrounding

transport network. 1.5. The implications of the development on community safety/designing out

crime;

1.6. Whether the proposal would give rise to an unacceptable safety risk to future users of the visitor centre as a result of the proximity of the Kennington Gas Holder Station;

2. Site Description

2.1. The site is located on the northern side of Montford Place, occupying a corner site on Montford Place. The site is currently occupied by a part three, part five and part six storey distillery and associated offices. The building has retained its original building to the southwest corner of the site with additions and alterations to the northeast corner of the site.

2.2. The surrounding area is characterised by a mixture of residential,

commercial and retail uses together with the Oval Cricket Ground located to the south west of the site.

2.3. The site is not located within a Conservation Area, however it is directly

adjacent to the Kennington Conservation Area and highly visible from said Conservation Area. The site is within close proximity to Listed Buildings, to the south of the site along Montford Place and Kennington Road. The application property is a Locally Listed Building as identified by the Council.

2.4. The site is located within the Montford Place Key Industrial Business Area

(KIBA) and within the HSE consultation zone due to its proximity to the Kennington Gas Works, to the immediate west.

2.5. The site is located within the Kennington ‘K’ Controlled Parking Zone.

3. Planning History

3.1. The site has a lengthy planning history, however the relevant planning history, relating to a similar development on site is as follows:

Page 4: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

3.2. 09/00233/FUL – Partial change of use at ground and second floor level to a visitor centre together with the erection of 2 storey extension and installation of a new lift. Application refused for the following reasons:

• The proposed application site is located within a Consultation Distance of major hazard installations / complexes and pipelines, designated by the Health and Safety Executive - in relation to the proposal's proximity to the Kennington Gasholder station, and as such, would place new occupiers of the proposed visitor centre at an unacceptable risk of harm in the event of a major incident involving this same gasholder station. The proposal is therefore considered contrary to Policy 54(g) of the London Borough of Lambeth Unitary Development Plan and Circular 04/00: Planning Controls for hazardous substances.

• Insufficient information has been submitted to allow the Council to make a full appraisal of the transport impacts of the proposed development. As a result the applicant has failed to demonstrate to the satisfaction of the Local Planning Authority that the proposed development would not have an adverse transport impact, contrary to Policies 9, 11 and 14 of the Unitary Development Plan (2007).

3.3. In regard to the history of some of the surrounding sites, the following

information is of relevance: 3.4. Tesco Supermarket located to the north west of the site and to the north of

the Kennington Gasholder Station.

•••• Outline planning permission was permitted for the Tesco supermarket on the site known as Land At Montford Place, 263-275 Kennington Lane And 151 Vauxhall Street at a Planning Applications Committee in September 1996 (Ref: 95/01362/PLANAP). The application was permitted subject to conditions, any direction by the Secretary of State and a Section 106 agreement. Following this an application for reserved matters (Ref:98/00140/REM) was approved at a Planning Applications Committee in November 1998. This application related to the siting, design, landscaping, external appearance and means of access as reserved by condition 1 of the outline consent. Within the officer’s report for the reserved matters it is noted that the Secretary of State indicated that they did not wish to intervene with the Councils decision to grant permission.

3.5. Oval Cricket Ground (located on the adjacent side of the gasholders to the

south west of the application site)

• The Oval Cricket Ground has a lengthy planning history however the most relevant application is summarised below,

• 07/04598/FUL – Replacement of the existing Surrey Tavern and Lock, Laker and Peter May Stands and other minor associated buildings/structures to create a new plaza and the erection of a six-storey stand incorporating 1,632 additional spectator seats, hospitality and ancillary facilities, together with the erection of a new five-storey building with set back roof plant containing a 168

Page 5: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

bedrooms hotel with top floor restaurant fronting Kennington Oval, and incorporating basement car park for 57 spaces, together with the erection of a new two-storey ticket/security office and turnstile system with associated landscaping and infrastructure;

• During this application, the Council instructed a private risk assessor to review the information submitted by the applicant and to provide the Council with an expert opinion on the risks of the proposed development in relation to its proximity to the Kennington Gasholder Station.

• Planning permission was granted via a Public Inquiry following a call-in of the proposed development by the Secretary of State given the proximity of the application site to the Kennington Gasholder Station and the risks this could potentially cause to public safety;

• Within the Inspectors derestricted report issued 26 March 2009, it states that the PADHI Advice Against the Application is justified on a Cautious Best Estimate(CBE) and that if the proposed development were set in a location where no development currently exists it should not be allowed. The Inspector concluded that the Individual Risk to new spectators would remain in its present level. There would be an increase in Case Societal Risk due to introducing 1830 additional people into the area. The judgement is to whether that risk is worth taking on balance;

• The Inspector considered that the risk due to an event such as a Representative Worst Case Major Accident (RWCMA) of a 50% fireball occurring is miniscule and is already tolerated by a dense local population, accepting that the Gasholders are operated with all risks as low as reasonably practicable. In the case of the Oval the increase of 1830 people within the area was compared to the 4300 that can already be accommodated in the existing stands on the application site;

• It is important to note that within the case of the Oval, that there is a lower likelihood of accidents during the summer cricket season;

• The Inspector also considered that there was an identified demand and need for the development, and the sporting and economic benefits it would bring to the area, outweigh any degree of non-compliance with the UDP;

• In light of the above, the application was approved.

3.6. The Elephant and Hippo, 1 Bowling Green Street (Located some 70m to the south of the application site)

•••• 10/04483/FUL - Demolition of existing pubic house and the erection

of 6 storey building with basement to incorporate a mixed used development consisting of a commercial unit (Use Class A2) at ground and basement floor levels and 9 x self-contained flats on the upper floors, the provision of 1 car parking space, 14 cycle parking spaces and refuse/recycling storage.

•••• The application was refused on the grounds of an inadequate standard of accommodation, design and the unacceptable level of risk that the development would place new residential occupiers in due to the proximity to the Kennington Gas Holder Station.

•••• The application was appealed and the appeal was heard at a Hearing in June 2011, the appeal was allowed and planning permission granted;

•••• The site is within the Middle Consultation Zone and HSE advised against the development;

Page 6: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

•••• Within the Inspectors report it was noted it was considered that when taking into account a comparison of the existing and proposed use of the site, the proposal would involve a significantly smaller potential increase in population at risk given the site was in use as a public house with residential accommodation above;

•••• The Inspector also considered local support for the scheme as a supporting factor due to the amenity problems caused by the public house and the increased perceived security the development would enable due to increase overlooking into public areas, resulting in the development providing significant regeneration benefits that would enhance the local quality of life.

3.7. All of the above applications relate to varying forms of development and

each scheme raised differing concerns. It is important to note that while the above decisions are important for making an informed decision on the current application, in general terms they can’t necessarily be considered as a precedent for development but rather key points from each of the decisions can be used to support the current application. Furthermore the Inspectors view of taking on board the HSE advice but weighing this with the other planning considerations of the proposal.

4. Scheme Details

4.1. Planning permission is sought for the partial change of use at ground and second floor levels to a visitor centre(Use Class D1) together with the erection of 4 storey extension.

4.2. The proposed development seeks to utilise the currently unused loading

bay at ground floor level and create a new visitors centre for access by the general public. To the ground floor level the proposals would include a reception area, exhibition of the history of London Gin and Beefeater Gin. To the second floor level it is proposed to use an existing vacant area as a tasting area with bar and botanical display. The visitor and production centre of the distillery would be kept separate at all times with access made through the proposed external alterations to the western elevation.

4.3. The proposed visitor centre would not be a large scale tourist attraction

with projection visitors in the first year being 7,500, rising to 50,000 by its fourth year of operation. A tour of the centre would be comprised of three parts; self-guided exhibition (15 minutes), distillation display and brand information also self-guided (15 minutes) and a guided tasting/botanicals display (30 minutes), once the tour is complete visitors will be able to peruse the shop and exit the facility. There will be a set number of 16 people on any one tour with a no more than 75 people on a tour at any point in time.

4.4. The proposed extension would be sited to the western elevation of the

building accommodating a lift, stair providing access to the proposed visitor centre and linked access to the main building. The extension would be sited within building lines of the existing building measuring up to 11m in width and projecting up to 5.2m beyond the original front building line of the distillery. The extension would measure 10.3-12m in height. At ground floor level would be a canopy above the entrance which would be edged in precast concrete, the canopy would be constructed with metal standing seem and project 1.2m beyond the section of the building which is currently used as loading bays at a height of 2.4m.

Page 7: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

4.5. The rear most section of the extension would be constructed largely with

glass. Within the front section of the extension, it would be constructed in concrete with indented artwork on surfaces adjacent to the entrance. The first floor level and above would be wrapped in vertical fins of anodised aluminium T-sections with a copper finish.

4.6. To the ground floor level of the existing building, it is proposed to replace

one of the existing loading bay entrances with full height glazing with central doors, the second loading bay entrance would be bricked up with stack bond engineering brick.

4.7. The existing hard landscaping to the front of the western access would be

altered to provide new hard landscaping, two disabled parking bays and cycle parking.

5. Consultation Responses

5.1. Letters of consultation were sent to 102 local residents and local amenity groups were consulted on the proposals, together with the erection of a site notice. Two objections and three observations have been received which are summarised in the table below:

Material planning objections Officer Response

Potentially dangerous area due to gas works

It is noted that the site is located within the inner zone of the HSE’s consultation zone. The applicant has provided a Land Use Risk Assessment which the Council has had an independent risk assessor review and comment on. The findings of the independent reviewer, Renaissance Risk are discussed later within the report and are imperative in recommending approval of this application.

Increased traffic to the site, strain on parking, visitor entrance would be better sited at rear of the building

The transport implications of the proposed development have been assessed by the Council’s Transport Planner who is satisfied with the information provided and considers that subject to the appropriate conditions and a Section 106 to secure the Travel Plan the proposed development would not create detrimental impacts on the surrounding transport networks.

If permitted visitor numbers should be regulated and visits restricted to normal working hours, no weekend openings, definitely not Sundays and late evenings

The concerns of the neighbours are noted and given the nature of the surrounding area which along Montford Place is a partly residential street, it is recommended to control the

Page 8: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

opening hours to prohibit Sunday opening to safeguard the amenity of neighbouring residents. The applicant has agreed to this condition.

Montford Place residents were omitted from the original notice of this appeal, not helpful for Council to send out information requiring a response over a holiday period

102 letter of consultation were sent to neighbouring residents including the Nos.1-27 Montford Place, a site notice was also erected within proximity to the site. Given the application was validated in March 2011 and no decision has been made until now, local residents have had sufficient time to comment on the proposals

Increased noise pollution from the site

The proposal seeks a change of use from disused loading bays to a tourist centre. The Council’s regulatory services noise team were consulted on the previous application (09/00233/FUL) and no comments were lodged with the Council. The development is proposed to display the history and manufacturing of Beefeater Gin. The venue would not be used as a bar/club or venue which would result in audible, noise or disturbing sound. Notwithstanding, it is considered pertinent to condition the decision to ensure there would be no amplified sound, speech, or music, which is audible from the premises hereby permitted at any time in the interests of residential amenity.

Misleading transport study, statement of percentages of current staff prepared to use public transport does not make clear that these are percentage of a very small number of people.

The distillery currently have 8 full time and 2 part time members of staff, the proposed development would result in an additional 6 full time and 1 part time members of staff. The development is not seeking to introduce any additional car parking spaces for staff, given the sites location within an area of PTAL of 6b which is ‘excellent’ it has good level of public transport accessibility and as such it is likely people working there would use public transport. Furthermore the Council’s Transport Planner did not raise objection to the car parking of the site and

Page 9: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

considered that the good level of public transport accessibility will encourage people to visit the site by non-car modes.

Concern over coach access on Kennington Green – potential for frequent temporary blockages and undue disruptions.

While most visitors are expected to arrive on foot from public transport nodes, some pre-booked coach parties are expected. Coaches will access the service yard from Kennington Road via the main service yard entry. A swept path of a 15m coach entering, parking and exiting the service yard has been included in the submission as a worst case scenario, as well as tracking for an emergency vehicle manoeuvring within the site while a coach is parked. These analyses demonstrate that both vehicles are able to enter, manoeuvre within the site, and exit the site in forward gear. An existing side door will not be used for vehicular access associated with the visitor centre, although coach party pedestrians will be accompanied by a member of distillery staff through this gate to the main pedestrian access.

5.2. Internal comments were received from the following consultees:

• Transport and Highways – no objection subjection to conditions and

S106 to secure financial contributions for public realm enhancements and implementation of Travel Plan;

• Conservation and Design – no objection, slight concern regarding base of canopy which could provide an area of concealment and compromise safety, base should be visually permeable providing views along the street, this issue has been discussed with the applicant and a condition is recommended to secure this;

• Planning Policy – no objections raised; • Crime Prevention – no objections raised; • Streetcare – no comments received to date.

5.3. External comments were received from the following consultees:

• Health and Safety Executive – Advise Against

5.4. Subsequent to the initial consultation with HSE, the Council has notified them of the intention to grant planning permission subject to referral to themselves and a Section 106 agreement. The HSE were then given a further 21 days to either comment further or call in the application should they consider it necessary. Upon receipt of the comments from HSE of 03 March 2012, the application has been referred by the Head of

Page 10: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

Development Control to the Planning Applications Committee for determination.

6. Planning Considerations

6.1. Relevant Policies

6.1.1. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning decisions to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan in Lambeth is the London Plan (adopted July 2011), the Lambeth Core Strategy (adopted January 2011), and the remaining saved policies in the ‘Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011’. All Borough plan policies are required to be in general conformity with the London Plan policies. Material considerations include national planning policy statements and planning policy guidance.

6.1.2. The following policies are relevant to this application:.

London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011

• Policy 7: Protection of Residential Amenity • Policy 9: Transport impact • Policy 14: Parking and traffic restraint • Policy 19: Active Frontage Uses • Policy 23: Protection and Location of other Employment Uses • Policy 26: Community Facilities • Policy 28: Hotels and Tourism • Policy 31 Streets, Character and Layout • Policy 32: Community safety/Designing out crime • Policy 33: Building Scale & Design • Policy 35: Sustainable design and construction • Policy 36: Alterations and Extensions • Policy 38: Design in Existing Residential/Mixed use Areas • Policy 39: Streetscape, Landscape and Public Realm Design • Policy 45: Listed Buildings • Policy 46: List of Buildings of Local Architectural Merit • Policy 47: Conservation Areas Lambeth Core Strategy (adopted January 2011)

• Policy S1: Delivering the Vision and Objectives • Policy S3: Economic Development • Policy S4: Transport • Policy S7: Sustainable Design and Construction • Policy S8: Sustainable Waste Management • Policy S9: Quality of the Built Environment • Policy S10: Planning Obligations Supplementary Planning Documents

Page 11: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

• Safer Built Environments (April 2008) • Sustainable Design and Construction (July 2008) National Guidance

• PPS1 Delivering Sustainable Development

• PPG13 Transport

• PPG15 Planning and the Historic Environment

• PPG24 Planning and Noise

• Circular 04/00 Planning controls for hazardous substances

• Good Practice Guide on Planning for Tourism

6.2. Land Use

6.2.1. The application is a resubmission of a previously refused

application (Ref:09/00233/FUL), within the previous application no objection was raised on land use grounds and it was considered that the proposed use would be ancillary as the site fell within a mixed use employment area. However since the issuing of this previous decision the policy framework has significantly changed, as such a full review of the proposals will need to be undertaken against the current policies.

6.2.2. Policy 2.17 (Strategic Industrial Locations) states that in Local

Development Frameworks, boroughs should identify SILs on proposals maps and develop local policies based on clear and robust assessments of need to protect their function, to enhance their attractiveness and competitiveness for industrial type activities including access improvements. Policy EC2 of PPS4 states that local planning authorities should ensure that their development plan at the local level, where necessary, safeguards land from other uses, identifies a range of sites and facilitates a broad range of economic development, including mixed use.

6.2.3. In line with the London Plan and PPS4 Lambeth has identified

industrial areas in the borough which are KIBAs and as such given the highest level of protection from other uses. Therefore, Core Strategy Policy S3(a) safeguards KIBAs for business, industrial, storage and waste management uses, including green industries, and other compatible uses, excluding large scale retail. The supporting text to Policy S3 in paragraph 4.15 advises that KIBAs represent the boroughs strategic reservoirs of land for business use and are Lambeth’s Locally Significant Industrial Sites as defined in the London Plan. The protection of KIBAs has been strengthened in the Core Strategy through the removal of the ‘mixed use employment area’ designations that were identified in the 2007 UDP. This is the case with this site where the ‘mixed use employment’ status has been removed.

6.2.4. The application proposes a partial change of use of the ground

and first floor to a visitor centre including refurbishment and extensions. The change of use would result in a loss of 491sqm of employment floorspace from 3582 to 3091sqm. The proposed visitor centre will be located in the currently disused loading bay spaces to the front of the newer building but will also extend to

Page 12: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

second floor to facilitate tours of the stills. The number of employees associated with the distillery use will remain the same as existing and further employees would work in the proposed visitor centre.

6.2.5. It is considered that the proposal would not have an unacceptable

impact on the existing employment use and proposes an ancillary use. While it is acknowledged that the mixed use MDO has been removed and the protection of KIBAs strengthened through the Core Strategy the use proposed is complementary to the gin distillery and would not impact on the employment generating capacity of the existing use. On this basis it would be difficult to justify refusal. As such is it considered that the overarching objectives of the plan would continue to be met with respect to protection of land for employment purposes.

6.2.6. Core Strategy Policy S3(f) supports the location and investment of,

amongst other things, leisure and cultural activities and other tourist attractions, in the Central Activities Zone, Vauxhall and Waterloo London Plan Opportunity Areas and Brixton and Streatham town centres. Saved UDP Policy 28(b) states that large visitor attractions should contribute measures and strategies for the better management of visitors to alleviate problems such as: coaches, noise, litter, policing, queuing, use of the public realm, signage, crowding and visitor movement etc. Visitor attractions and hotels should ensure that the amenity of residential occupiers is preserved as far as possible.

6.2.7. The site is located just outside the Central Activities Zone and

Vauxhall London Plan Opportunity Area. The gin distillery is within a central London location with good access to public transport and therefore complies with Core Strategy Policy S3(f). Furthermore, it is considered that the visitor centre would not be considered a large scale visitor attraction.

6.2.8. In light of the above it is considered that no land use objections are

raised.

6.3. Design and Conservation Considerations

6.3.1. Saved Policy 33 of the UDP actively promotes a high quality of design, which carefully and sensitively relates to its surroundings and contributes positively to an area. This and associated saved Policies 31, 38 and 39 provide that in considering new development regard will be given to such factors as layout (building lines and relationship to neighbours), bulk, height and scale, character of the area and landscaping and boundary treatment; so that new buildings respect the scale, height, bulk, character and amenities of nearby buildings.

6.3.2. Saved Policy 36 states that well executed contemporary designs

which offer a visual contrast to the original building may sometimes complement the original building. To achieve this however, they should be subordinate to and not unbalance the character of the building.

Page 13: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

6.3.3. The original Beefeater Gin Distillery building makes a positive contribution to the character and appearance of the nearby Conservation Area by virtue of its design, building type, scale, architectural style, materials and details and is considered to be a building of local architectural merit and as such is Locally Listed.

6.3.4. The design of the proposed extension has altered since the

previous submission. The previous design was considered to be bold, unique and exciting. The revised scheme is considered to have taken more of a ‘safe approach’. The previous design was strongly supported by the Council, however the applicant undertook further consultation with local residents and subsequent to this the design was amended to reduce its visual prominence in light of the comments received from neighbouring residents.

6.3.5. The proposed addition would be a modern contrast to the original

building and the 1950s additions to the north east of the site. The extension would be constructed in concrete with art relief surfaces to the ground floor. The vertical fins on the upper floors would be anodised T-sections with a copper finish, which would be reminiscent of the copper stills which are used to distil the gin. The copper finish to the extension would relate well to the existing red bricks of the host property.

6.3.6. The proposed extension would be an appropriate addition to the

property, which would not dominate the character of the building or harm the setting of this locally listed building. The proposed extension is acceptable in its context and would not harm the character or appearance of the neighbouring Conservation Area.

6.3.7. It is considered this design response is a modern addition to the

traditionally designed host building. The development would provide visual interest to the general public and attract the required attention for the use of the site as a visitors centre. Therefore, the design is considered acceptable and would not be harmful to the appearance of the host building, the neighbouring Conservation Area and the setting of listed buildings in accordance with Policies 33, 36, 39, 45, 46 and 47 of the UDP.

6.4. Amenity Impact

6.4.1. Within the previous officer report, all issues regarding residential

amenity were considered with regard to sunlight, daylight, outlook, privacy and sense of enclosure. Within the report it was considered that the proposals would have a minimal impact on the amenity of adjoining properties and would be consistent with Policy 33 of the UDP. The current proposal would not be so significantly different that it would now impact on the amenity of the neighbouring properties. The footprint and scale of the extension would be largely in line with that of the previous development. Within the current application the proposed extension would not extend beyond the furthest western building line of the parent building and as such would not cause detrimental harm to the amenity of the neighbouring residents along Montford Place.

Page 14: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

6.4.2. In respect of noise, as with the previous application it is considered that should planning permission be granted, conditions could be imposed which state that no audible noise or sound be heard from the venue. Furthermore in light of comments received from the neighbouring residents concerning the increased activity on site a condition is recommended stating the operation hours of 10.00am to 6.00pm Monday to Saturdays, 11.00am to 4.00pm on Public Holidays and that there shall be no Sunday opening in respect of the visitors centre to be mindful of the adjoining residential properties.

6.4.3. In light of the above, it is considered that with appropriate

conditions the proposed development would not impact on the residential amenity of nearby residential properties.

6.5. Highways and Transportation Issues

6.5.1. Attention is drawn to one of the previous reasons for refusal which

was raised due to insufficient information regarding the transport impact of the development, as the applicant had failed to demonstrate to the satisfaction of the Council that the proposed development would not have an adverse transport impact and would therefore conflict with the relevant policies of the Lambeth UDP.

6.5.2. It is important to note that since this refusal the Council has

adopted a new Core Strategy, as such saved Policy 9 would still be relevant together with Policy S4 of the Core Strategy. Policy 9 of the UDP requires all development to be assessed for contribution to traffic generation, impact on road congestion and public transport availability. Policy S4 seeks to secure sustainable patterns of development within the borough to minimise the need to travel and reduce the dependence on the private car. The policy also seeks to ensure developments comply with the maximum car parking standards in the London Plan and reflect the public accessibility of the development.

6.5.3. The site is located within an area of excellent public transport

accessibility level (PTAL score 6b) and is within the Kennington ‘K’ Controlled Parking Zone.

6.5.4. The Council’s transport planner was consulted on the proposed

development and subject to conditions relating to access, details of drop off and disabled parking area, delivery and coach management strategy and cycle parking together with a Section 106 to secure public realm improvements and the Travel Plan no objections were raised on transport grounds. In light of this it is considered that the additional information supplied by the applicant has overcome this previous reason for refusal.

6.5.5. An informative is also recommended following the Transport

Planner’s comments stating that a Section 278 agreement between the developer and transport and highways will be required to secure the proposed alterations to the footway/public highway.

Page 15: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

6.6. Designing Out Crime/Community Safety

6.6.1. Saved Policy 32, seeks to ensure that development does not increase the opportunity for crime or increase the risk of public disorder.

6.6.2. The Council’s Crime Prevention team were consulted on the

proposed development. It was considered that the actual risks of the development would be relatively small and can be managed via good quality CCTV for the frontage and interior public areas, good lighting to the frontage, fire exits with additional protection or alarms and visible staff or security presence for the tasting/area to prevent any issues. The applicant has stated within the Visitor Centre Management Plan provided within the application that the existing network of CCTV cameras will be extended to allow sight of all areas of the tour path and reception and additional external cameras will be sighted in particular around the entrance and exit to the centre. Details of the proposed CCTV can be secured via condition to ensure they are satisfactory for the Council.

6.6.3. The Council’s Urban Design officer was consulted on the proposed

development and raised concern regarding the base of the canopy which will provide signage. It is proposed this would be a solid material and as such could provide an area of concealment which could compromise safety. It was recommended that the base of the canopy should be visually permeable and provide views along the street. This issue has been discussed with the applicant and a condition is recommended requiring further details of this aspect of the proposal stating that the material shall be visually permeable.

6.6.4. In light of this subject to conditions securing the above, no

objection is raised to the proposed development.

6.7. Health and Safety Implications of Development

6.7.1. The application site falls within a ’consultation zone’ as advised by the HSE. Local planning authorities are required to consult with HSE in respect of certain proposals to develop land within an area notified to them by HSE because of the presence within the vicinity of toxic, highly reactive, explosive or flammable substances and have therefore been consulted on this application.

6.7.2. In 2006 HSE reviewed and revised its consultation zones around

Major Accident Hazards. In two recent public inquires (Oval Cricket Ground, Kennington and Ram Brewery, Wandsworth) the Secretary of State concluded that the HSE’s zones were justified on a Cautious Best Estimate (CBE) basis.

6.7.3. HSE’s Planning Advice for Developments near Hazardous

Installations (PADHI) system generated an ‘Advise Against’ response in regard to the proposed development. This is the HSE’s formal representation which the Council is legally required to take into account when determining the application and is directed not to override without the most careful consideration.

Page 16: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

6.7.4. PADHI is a codification system used by the HSE to provide Land Use Planning advice to Local Planning Authorities. The PADHI system should not be confused with the HSE’s framework for considering whether, or not to call-in applications.

6.7.5. The Council sought further comments from HSE regarding their

‘Advise Against’, giving them the statutory 21 day consultation period, no response was received. It wasn’t until the case officer wrote to the HSE on 10 February 2012, advising of the Council’s decision to be minded to grant planning permission subject to referral to themselves to either comment further or call in the application if they see necessary. The Council provided the HSE with the draft officer report, decision notice and report of Renaissance Risk. HSE responded to the Council’s notification on 03 March 2012, detailing why they considered the application should be refused. However at the time of writing the HSE have not chosen to call in the proposals for further investigation by the Secretary of State.

6.7.6. Advice on the scope of control of the HSE is contained with

Circular 04/2000 and states the following:

“HSE's role in the land use planning system is to provide local authorities with advice on the nature and severity of the risks presented by major hazards to people in the surrounding area so that those risks can be given due weight, when balanced against other relevant planning considerations, in making planning decisions. In view of their acknowledged expertise in assessing the off-site risks presented by the use of hazardous substances, any advice from HSE that planning permission should be refused for development for, at or near to a hazardous installation or pipeline, or that hazardous substances consent should be refused, should not be overridden without the most careful consideration. Where a local planning or hazardous substances authority is minded to grant planning permission or hazardous substances consent against HSE's advice, it should give HSE advance notice of that intention, and allow 21 days from that notice for HSE to give further consideration to the matter. During that period, HSE will consider whether or not to request the Secretary of State for Environment Transport and the Regions to call-in the application for his own determination. The Secretary of State exercises the power to call-in applications very selectively. Applications are only called-in if they raise planning issues of more than local importance, including safety issues of exceptional concern or other major planning issues. Call-in of hazardous substances consent applications will be similarly selective. In accordance with this policy, HSE will normally consider its role to be discharged when it is satisfied that the local authority is acting in full understanding of the advice received and the consequences that could follow. It will consider recommending call-in action only in cases of exceptional concern or where important policy or safety issues are at stake.”

Page 17: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

6.7.7. The applicant has provided a Land Use Planning Risk Assessment by Atkins Energy in support of the proposed development. The Council instructed an independent risk assessor, Renaissance Risk, to review the report provided by Atkins and provide an expert opinion for the Council to make an informed decision.

6.7.8. The report by Atkins Energy, was conducted in response to the

previously refused application (Ref:09/00233/FUL) which was refused due to proximity of the site to the Kennington Gasholders and the danger this would put users of the Visitor Centre in. No risk assessment was submitted as part of the previous application.

6.7.9. The Atkins report concludes the following:

• The risks of the gas holders are being taken seriously by the

developer. In particular the external combustibility of the building is being reviewed, the escape routes from the visitor centre have been located to the rear of the building, taking people away from the highest risk area facing the gas holders;

• The Scaled Risk Integral (SRI) value calculated using a value of individual risk which would be assumed by HSE is approximately 134,000. This value is lower than the limit of 500,000, which is when HSE considers call-in, at values above 750,000 the HSE definitely call in applications;

• The SRI value based upon the whole site is below the ‘substantial risk’ criterion, however HSE may invoke the call-in procedure if there are other aspects which they believe would cause exceptional concern;

• Using alternative reasonable estimate of risk, as implied in recent Public Inquiries, it is estimated that the level of individual risk at the proposed visitor centre from the gas holders is about 30% of the value of individual risk calculated using HSE’s Cautious Best Estimate approach. This would reduce the SRI value to approximately 40,000 which is close to the value of 35,000 which is considered as the lower limit of substantial risk;

• As the ‘Advise Against’ decision based on the PADHI Decision Matrix is only 1 cell away from ‘Don’t Advise Against’ the development does not put a large additional number of people at risk, in Atkins experience HSE would not normally request a call-in;

• Based on the result of The Oval Public Inquiry, where the Inspector allowed the development despite an SRI value of 14,000,000, it is Atkins view that any objection by HSE to the granting of planning permission against their advice is unlikely to be upheld unless there are other safety concerns which are particular to this case.

6.7.10. The Council engaged the services of an independent expert,

Renaissance Risk, to comment on the Land Use Planning Risk Assessment submitted by the applicant(see first item of Appendix for full report). Renaissance Risk has advised that they believe the report submitted by the applicant to be fit for purpose as a high quality risk assessment to support the decision on the basis of safety of the proposed development.

Page 18: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

6.7.11. The Independent Assessor from Renaissance Risk is of the

opinion that the basic physics of Gasholder failure is such that events of the type selected by HSE as the representative case for setting Consultation Zones cannot occur in normal operation. Renaissance Risk don’t doubt that major failures of Gasholders have occurred, and can occur again, but neither the frequency nor the consequences of the controlling event chosen by HSE – a grounded Fireball with a likelihood of 10cpm per year - is credible. It is noted however that the Planning Inspectorate has accepted HSE’s ‘Cautious Best Estimate’ CBE approach and modelling of the representative event at two separate Planning Inquiries. However on both occasions it was recognised that significant levels of caution had been applied in HSE’s selection of both frequency and consequence.

6.7.12. Renaissance Risk consider that there is little doubt that if this

current application were to go to an Inquiry the Planning Inspector and Secretary of State would again be likely to agree with HSE’s interpretation and application of PADHI. In light of this it is important to note that while the interpretation and application of PADHI is an imperative function in determining an application other factors such as the benefits development can bring together with the existing development within the surrounding area also play a part in determining an application of this nature, as was the case in both the Oval and Elephant and Hippo Inquiries.

6.7.13. Renaissance Risk consider that the additional people working in

and visiting the proposed development will increase the residual risk from the gasholder facility. However the issue is whether that level of risk outweighs the benefits of the development.

6.7.14. Within the Atkins report it is considered that the ‘Advise Against’

generated from the PADHI system is not a strong ‘Advise Against’ given its position within the PADHI matrix. The consultant agrees with this assessment and considers that given the binary nature of PADHI, this matrix does not tell the full story.

6.7.15. Renaissance Risk consider that it is reasonable to conclude that

due to the CBE nature of setting the HSE zones and the existing land use around the gasholders individual risks would remain largely unchanged and societal risks would be marginally increased by the presence of the superstore(Tesco).

6.7.16. Scaled Risk Interval (SRI), is a test used by HSE to determine call-

in for PADHI ‘Advise Against’ cases. It is a method of assessing the degree of societal risk associated with a proposed development, where the level of SRI is substantial HSE will initiate its internal call-in procedure in order to give further consideration to the application. Atkins have calculated the SRI of the application site to be between 134,000-234,000, Renaissance estimates it to be a little lower (100,000 to 200,000), however they do support the assessment by Atkins. Where the SRI is between 500,000 and 750,000 HSE will consider recommending the call-in for cases of exceptional concern, should it exceed 750,000 HSE will request a call-in. Whilst it is important to note that SRI can’t be

Page 19: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

used as an aid to judge an application, based on the SRI quantum and commentary of the validity of SRI for judgement of cases, Renaissance consider it highly unlikely that the HSE would request call-in for this development.

6.7.17. It is important to note that the Atkins report contains certain

recommendations for risk mitigation, including location of escape routes from the gasholders, the use of less flammable materials for construction, the use of thermal glass to reduce radiated heat flux inside the building. Renaissance Risk consider that any decision to grant planning permission should be accompanied by appropriate conditions to secure these design details. Should planning permission be granted conditions requesting further information and samples of the materials are recommended together with a compliance condition stating that the glass shall be thermal glass. It is not considered necessary to request details of the location of fire escape routes as such information is covered under fire safety regulations and building control regulations.

6.7.18. Renaissance Risk, consider that having reviewed the Land Use

Planning Risk Assessment, they are confident that the Risk Assessment by Atkins is adequate to fulfil the purpose that the proposed development would not substantially increase the residual risk and also provides the Local Planning Authority with sufficient information to allow the safety issues to be balanced against the socio-economic benefits.

6.7.19. The general comments received by HSE, in their comments of 03

March 2012, are summarised below(see second item of Appendix for full comments):

•••• The proposed Visitor Centre, because it would establish a new

public population close to the Kennington Gasholder Station is predicted to increase the risk and consequences of certain, foreseeable major accident at the gasholder station;

•••• Paragraph A12 of Circular 04/2000 states that local planning authorities should have particular regard to certain developments including, those where people would be unfamiliar with their surroundings and leisure and recreational development which may result in a large number of people congregating in one place;

•••• Local Authorities should give ‘great weight’ to a statutory bodies advice when determining a planning application;

•••• Having reviewed both the Atkins assessment for the Visitor Centre and the Renaissance Risk peer-review of it, neither of the documents would cause the HSE to change their formal advice to the Council;

6.7.20. HSE’s comments with regard to the Atkins report are summarised

below: •••• The location of the fire exits to the rear would not reduce the

risk of people from dying should the gasholder collapse as the event could happen in less than 30 seconds, all people whether indoors or outdoors, would be expected to be killed within or under the burning gas cloud;

Page 20: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

•••• The HSE advises against certain proposed development with Scaled Risk Interval (SRI) values exceeding 2,500 but almost always advise against any proposal with an SRI exceeding 35,000 depending on the type and nature of the population involved (the SRI for the site is approximately 134,000 –HSE considers call-in at 500,000);

•••• In response to the comments of Atkins that HSE wouldn’t request ‘call-in’ the HSE note that each case is considered on its own circumstances, the criteria for call-in should not be confused with the formal advice of the PADHI system, Local Planning Authorities are directed by Circular 04/2000 not to override without the most careful consideration;

•••• In response to Atkins comments that the Advice Against is only ‘1 cell away’ from a Don’t Advice Against the HSE note that in the Ram Brewery appeal decision this argument was given no weight;

•••• In regard to the allowed appeal at the Oval Cricket Ground the HSE consider this was justified on a Cautious Best Estimate basis and that had the cricket ground not already exists then the development would not have been allowed. The decision was granted due to the identified demand and need for the development and the sporting and economic benefits it would bring;

6.7.21. HSE’s comments with regard to the Renaissance Risk Peer

Review are summarised below: •••• HSE consider that the report has not taken into account the

Planning Inspector or the Secretary of States criticisms of the Atkins gasholder assessments to the Oval Cricket Ground and the Ram Brewery Public Inquiries;

•••• In response to Renaissance Risk’s view that the PADHI system is ‘black and white’ and that the HSE’s land use planning assessment of gasholders, ‘does not constitute a complete risk assessment’, the HSE would note that this view is not supported by the Secretary of State and the Planning Inspectorate as shown in the Oval Cricket Ground and Ram Brewery inquiries;

•••• The HSE state that Renaissance Risk have confused the HSE’s framework for judging compliance with health and safety at work legislation with that in place for judging the advisability of increasing the population at risk if further development is allowed. The threshold for the latter, for obvious reasons, are much lower than those for the former. The HSE note that they also present ‘Risk comparison’ values which are misleading in an land use planning context and give an Annual Risk for the ‘Most Exposed Worker’ which has been according to HSE estimated on a technically unsound basis.

•••• Within the ‘implications’ section of the Renaissance Risk report, the HSE consider that the suggestions that HSE’s assessment of land use planning risk around gasholders is unsound and that recent improvements in the safety standards have reduced the risks from gasholder stations is not supported within the public inquires at the Oval and Ram Brewery and there was little evidence to support the proposal that recent improvements had reduced the risks from gasholders;

Page 21: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

•••• HSE have stated that Renaissance Risk are incorrect in their suggestion that the proposed Visitor Centre would be of a nature that HSE would not advise against as a matter of policy. HSE does not normally advise against small in-fill development comprising no more than one or two dwellings in the Inner Zone, but the Visitor Centre would establish a permanent public presence where one does not currently exist and accordingly, our public safety advice is strongly against it.

6.7.22. Renaissance Risk have provided the Council with a response to

HSEs comments(see third item of Appendix for full comments). In summary Renaissance Risk support HSEs Cautious Best Estimate (CBE) approach in principle, the issue which has never been fully addressed is whether the level of Caution used by HSE is appropriate. Renaissance Risk consider that it is highly unlikely that the event relied upon by HSE for determining the frequency of the controlling gasholder incident were fireballs.

6.7.23. In response to HSEs criticism of Atkins, Renaissance Risk note

that a number of aspects of the Atkins Quantified Risk Assessment methodology were questioned, and some found wanting, at the Brit Oval Inquiry, however these methods have not been employed by Atkins for the current Risk Assessment. As such Renaissance Risk reiterate their belief that the Atkins report remains a fair and balanced assessment of the risks and seeks to provide the LPA with a better understanding of the safety issues so that these can be weighed in the balance against other planning considerations and the socio-economic benefits.

6.7.24. Further to the point above, Renaissance Risk consider that the

current report is the most robust of Atkins reports that they have seen to date, placing the overall risk of the development in context.

6.7.25. With respect of the application of PADHI, Renaissance Risk are

not disagreeing with the interpretation of PADHI, but highlight that HSE advice is based purely on safety and the Local Planning Authority must balance this advice against the benefits.

6.7.26. Renaissance Risk give an extreme example: if this proposal were

below 250m2 in area, PADHI would return a “Do Not Advise Against”; one could therefore have two designs, one at 240m2 with an escape route toward the gasholder, and one at 260m2 with an escape route away from the gasholder. PADHI would Advise Against the latter, but not against the former; but we would argue that common sense indicates that the latter case is safer than the former. In this particular case, the floor area is approximately double that which would be approved by PADHI. If the function area were considered in isolation, it would probably pass. If the main visitor area were considered in isolation it, too, would probably pass.

6.7.27. Further to the comments received from Atkins, Renaissance Risk

and the HSE, attention is drawn to London Plan Policy 5.22 (Hazardous Substances and Installations) which states that when assessing development near hazardous installations, site specific measures should be taken into account when applying the Health

Page 22: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

and Safety Executive’s Planning Advice Developments near Hazardous Installations (PADHI) methodology. Furthermore the policy states that risks should be balanced with the benefits of the development and should take account of existing patterns of development.

6.7.28. With regard to the benefits of the proposed development, as

discussed within the Land Use section of this report, Core Strategy Policy S3(f) supports the location and investment of, amongst other things, leisure and cultural activities and other tourist attractions, in the Central Activities Zone, Vauxhall and Waterloo London Plan Opportunity Areas and Brixton and Streatham town centres. The site is located just outside the Central Activities Zone and Vauxhall London Plan Opportunity Area, however it is still within a central London location with good access to public transport. As such it would bring a new leisure and cultural activity within close proximity to the Central London Activities Zone and Vauxhall London Plan.

6.7.29. It is noted that the Oval Inquiry was given permission partly on the

basis that the development would bring social and economic benefits to the locality, obviously the proposed development is of a much smaller scale to the Oval but the principal of the development bringing social and economic benefits to the locality can in some respect be related to the current application. As the only globally recognised London style gin that is still produced in London, the proposed visitor centre would provide a unique visitor attraction not only to Lambeth but to London. The proposed development would not be a large scale visitor attraction, with a prediction of 7,500 visitors in the first year rising to 50,000 after four years. It is true that it would be bringing more people into the area but this is not to say the area doesn’t already attract a high number of members of the public within this inner zone, given the pattern of the surrounding development.

6.7.30. In light of London Plan Policy 5.22, members should consider the

existing pattern of development within the locality. To the north west of the site is the Tesco Supermarket, part of which lies within the inner zone and part within the middle zone. The supermarket was given outline planning permission in 1996, it is acknowledged that this was prior to the existing consultation zones. However it is important to note that the existence of this supermarket already generates a number of visitors to the area within close proximity to the Kennington Gas Holders.

6.7.31. Furthermore, to the south of the site along Montford Place, Clayton

Street and Kennington Oval are a number of residential properties all located within the Inner Zone. In light of this attention is drawn to the Inspectors Report for the Oval Cricket Ground which states that the risk of an event occurring due to the Gasholders is miniscule and is already tolerated by a dense resident population within the locality as well as many visitors to the area. The same point could be applied to this application given there is also a dense residential population within the vicinity of the site.

Page 23: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

6.7.32. It is important to remember the current area already experiences a number of people visiting the locality to use the supermarket, Oval Cricket Ground, local bars and the many residential properties within both the Inner and Middle Zones.

6.7.33. It is considered that given the use of the surrounding site, the risks

identified by the HSE in balance with the existing patterns of development would result in proposal that would accord with the objectives of London Plan Policy 5.22.

6.7.34. To summarise, the HSE’s advice is a material consideration that

must be taken into account when determining this application. The HSE have advised against the application as they consider there are sufficient reasons, on safety grounds, for advising against the granting of planning permission in this case. Prior to detailed comments from HSE, the Council engaged the services of an independent expert so that it could make a recommendation for approval in full understanding of the risks associated with the development. The expert has advised that he agrees with the applicants Land Use Planning Risk Assessment. It is considered that the Council has given HSE advice adequate consideration and has taken reasonable measures to fully understand that advice in order to make an informed decision on the proposed development.

6.7.35. Furthermore, it is important to note that although the HSE advise

against the proposed development, London Plan Policy 5.22 and circular 04/2000 allow for planning benefits to be considered alongside the health risks. In addition, the proposed development would accord with the relevant policies of the Local Development Framework. In this case the risks are not deemed significant enough to prevent the recommendation to approve planning permission, in light of the report received from Renaissance Risk and taking into account the objectives of London Plan Policy 5.22 it is considered appropriate to recommend planning permission for the proposed development.

6.8. Section 106 Agreement

6.8.1. Following comments from the Council’s Transport and Highways

section, financial contributions are sought towards public realm improvements to resurface the footways between the site and Kennington Lane which are currently in a poor state of repair. The Council has requested £50,000 for such works. At the time of writing the report such a contribution was being negotiated.

6.8.2. The transport planner has also requested that the Travel Plan

submitted as part of the application is secured via a Section 106, and an initial i-TRACE compliant visitor survey is undertaken once 15% of the expected capacity is reached or within 6 months of the opening of the Visitor Centre, this can be secured by a condition.

6.8.3. The applicant has agreed to contribute financially towards the

public realm improvements and securing the Travel Plan at time of writing a draft Section 106 was being undertaken.

Page 24: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

7. Conclusion

7.1. The proposal is considered acceptable in terms of land use, design, residential amenity, community safety and subjection to a S106 agreement Transport and would comply with the relevant policies of the Lambeth Development Plan.

7.2. The application site was visited by the case officer and the aims and

objectives of the UDP policies, national and regional planning guidance and relevant planning history were taken into account in the assessment of the proposal.

7.3. It is considered that the Council has given careful consideration to advise

of the HSE advice and has taken reasonable measures to fully understand that advice in order to make an informed decision on the proposed development.

7.4. In light of the above it is considered that conditional planning permission be

granted. This is subject to a Section 106 agreement to secure the Travel Plan submitted as part of the application together with financial contributions relating to public realm improvements.

8. Recommendation

8.1. Grant planning permission subject to a Section 106 agreement to secure the following: • Travel Plan • Financial contributions towards public realm improvements within the

vicinity of the site.

Summary of the Reasons: In deciding to grant planning permission, the Council has had regard to the relevant policies of the development plan and all other relevant material considerations. The development plan in Lambeth is the Lambeth Local Development Framework Core Strategy (adopted January 2011) and the remaining saved policies in the ‘Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the Core Strategy adopted in January 2011’ and the London Plan (adopted July 2011). Having weighed the merits of the proposal in the context of these issues, it is considered that planning permission should be granted subject to the conditions listed below. In reaching this decision the following Policies were relevant: London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011: Policy 7: Protection of Residential Amenity Policy 9: Transport impact Policy 14: Parking and traffic restraint

Page 25: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

Policy 19: Active Frontage Uses Policy 23: Protection and Location of other Employment Uses Policy 26: Community Facilities Policy 28: Hotels and Tourism Policy 31 Streets, Character and Layout Policy 32: Community safety/Designing out crime Policy 33: Building Scale & Design Policy 35: Sustainable design and construction Policy 36: Alterations and Extensions Policy 38: Design in Existing Residential/Mixed use Areas Policy 39: Streetscape, Landscape and Public Realm Design Policy 45: Listed Buildings Policy 46: List of Buildings of Local Architectural Merit Policy 47: Conservation Areas London Borough of Lambeth Core Strategy (January 2011): Policy S1: Delivering the Vision and Objectives Policy S3: Economic Development Policy S4: Transport Policy S7: Sustainable Design and Construction Policy S8: Sustainable Waste Management Policy S9: Quality of the Built Environment Policy S10: Planning Obligations London Plan (July 2011) Policy 4.1 Developing London’s economy Policy 4.6 Support for and enhancement of arts, culture, sport and entertainment

provision Policy 4.12 Improving opportunities for all Policy 5.12 Flood Risk Management Policy 5.22 Hazardous Substances and Installations Policy 6.3 Assessing effect of development on transport capacity Policy 6.13 Parking Policy 7.3 Designing out Crime Policy 7.8 Heritage assets and archaeology Government Circular 04/00 Planning controls for hazardous substances National Guidance Good Practice Guide on Planning for Tourism Conditions 1 The development to which this permission relates must be begun not later than the

expiration of three years beginning from the date of this decision notice. Reason: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004) 2 The development hereby permitted shall be carried out in accordance with the

approved plans listed in this notice.

Page 26: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

Reason: For the avoidance of doubt and in the interests of proper planning 3 The materials to be used for the external surfaces of the development hereby

permitted shall match those of the existing building. All new works and works of making good to the retained fabric shall be finished to match the adjacent work with regards to the methods used and to material, colour, texture and profile, unless the prior written approval of the local planning authority is obtained to any variation, or except where otherwise stated on the approved drawings.

Reason: To safeguard the visual amenities of the area. (Saved Policy 36 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011, and Policy S9 of the London Borough of Lambeth Core Strategy (January 2011)) 4 Prior to the construction of the proposed extension and alterations to the host

building details of the non-combustible materials to be used in the construction or cladding of any new surfaces close to the gas holders, in accordance with the Land Use Planning Risk Assessment of Atkins, shall be submitted to and approved by the Local Planning Authority these details should include scaled plans annotating the location of the materials together with samples (where appropriate) and specifications of the materials. The development shall be carried out in compliance with the approved details and thereafter permanently maintained.

Reason: To ensure that they will perform acceptably in the event of exposure to high temperatures. (Policy 5.22 of the London Plan (2011)). 5 Any new glass used in the construction of the extension and the alterations to the

host building shall be thermal glass and shall thereafter be retained unless otherwise agreed in writing by the Local Planning Authority.

Reason: To reduce radiated heat influx inside the building. (Policy 5.22 of the London Plan (2011)). 6 Notwithstanding the hereby approved plans, prior to the commencement of

development further details of the canopy at ground floor level should be submitted to and approved in writing by the Local Planning Authority and shall thereafter be carried out solely in accordance with the approved details. The section of the canopy which projects beyond the entrance shall be constructed with a visually permeable material to provide views along the street.

Reason: To safeguard the visual amenities of the area and in the interests of community safety. (Saved Policies 32 and 36 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011, and Policy S9 of the London Borough of Lambeth Core Strategy (January 2011)) 7 Details of the drop off and disabled parking area and means of access shall be

submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The disabled parking, drop off, means of access and manoeuvring area shall be laid out and made available for use in accordance with the approved details before the development hereby permitted is occupied and that area shall not thereafter be used for any other purpose, or obstructed in any way.

Reason: To enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction and inconvenience to users of the adjoining highway (Saved Policy 9 of

Page 27: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011, and Policy S4 of the London Borough of Lambeth Core Strategy (January 2011)). 8 No part of the visitor centre hereby permitted shall be occupied or used until a

strategy for the management of deliveries and servicing has been submitted to and approved in writing by the local planning authority. Deliveries and servicing and shall thereafter be carried out solely in accordance with the approved details.

Reason: To avoid hazard and obstruction being caused to users of the public highway (Saved Policy 9 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011, and Policy S4 of the London Borough of Lambeth Core Strategy (January 2011)). 9 No part of the visitor centre hereby permitted shall be occupied or used until the

provision for cycle parking shown on the application drawings has been implemented in full and the cycle parking shall thereafter be retained solely for its designated use.

Reason: To ensure adequate cycle parking is available on site and to promote sustainable modes of transport (Saved Policy 9 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011, and Policy S4 of the London Borough of Lambeth Core Strategy (January 2011)). 10 There shall be no amplified sound, speech, or music, which is audible from the

premises hereby permitted at any time. Reason: In the interest of the amenities of the area (Saved Policy 7 of the London Borough of Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011). 11 Prior to the opening of the Visitor Centre hereby approved, a crime prevention

strategy shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall demonstrate how the development meets 'Secured by Design' standards and shall include full detailed specifications of the following: CCTV provision, external lighting provision, control/management plan, provision of security to fire exits, provision of staff or security staff within the tasting/bar area and cycle storage. The approved measures are to be carried out in full and retained thereafter.

Reason: To ensure that satisfactory attention is given to security and community safety (Saved Policy 32 of the London Borough of Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011). 12 Notwithstanding the details provided within the documents submitted as part of the

application, the opening hours of the visitor centre hereby approved shall not exceed the following: 10.00am to 6.00pm Monday to Saturdays, 11.00am to 4.00pm on Public Holidays and shall not be open on Sundays unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the residential amenity of the locality (Saved Policy 7 of the London Borough of Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011).

Page 28: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

13 Adequate precautions shall be taken during the construction period to prevent the

deposit of mud and similar debris on the adjacent public highways in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the relevant part of development commencing.

Reason: To minimise danger and inconvenience to highway users. (Saved Policy 9 of the London Borough of Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011). Informatives 1 This decision letter does not convey an approval or consent which may be

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

2 Your attention is drawn to the provisions of the Building Regulations, and

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

3 Your attention is drawn to the need to comply with the requirements of the

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

4 It is current Council policy for the Council's contractor to construct new

vehicular accesses and to reinstate the footway across redundant accesses. The developer is to contact the Council's Highways team on 020 7926 9000, prior to the commencement of construction, to arrange for any such work to be done. If the developer wishes to undertake this work the Council will require a deposit and the developer will need to cover all the Council's costs (including supervision of the works). If the works are of a significant nature, a Section 278 Agreement (Highways Act 1980) will be required and the works must be carried out to the Council's specification

5 You are advised of the necessity to consult the Council's Highways team on

020 7926 9000, prior to the commencement of construction, in order to obtain necessary approvals and licences prior to undertaking any works within the Public Highway including Scaffolding, Temporary/Permanent Crossovers, Oversailing/Undersailing of the Highway, Drainage/Sewer Connections, Hoarding, Excavations (including adjacent to the highway such as basements, etc), Temporary Full/Part Road Closures, Craneage Licences etc.

6 The applicant is advised that the proposal is subject to a Section 106

agreement to secure the following: • Travel Plan • Financial contributions to public realm improvements within the locality

of the site

Page 29: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial

7 The application is advised that to discuss a ‘Secure By Design’ certificate you should contact the Council’s Crime Prevention Officer:-

Rob Harrison Crime Prevention Design Advisor. London Borough of Lambeth. Community Safety Unit. 205 Stockwell Road. Brixton. SW9 9SL. Phone 07786 062 970 Email: [email protected]

Page 30: Section 1 – Site Location Map - Lambeth · Section 2 – Application Summary Location Chivas Distillery 20 Montford Place London SE11 5DE Ward Oval Proposal Application Partial