Sustainable Development Committee 26th April 2012

Sunny.desai@hounslow.gov.uk

References: P/2012/0089 00737/B/P3

Address: Market Place, Brentford

Ward: Syon

Proposal: Erection of five three-storey terraced townhouses with associated access, parking and landscaping

Drawing numbers: Design and Access Statement, Planning Statement, Land Contamination Statement, Archaeological Statement. Pl-01,PL-02,PL-4 received 17/1/12

Amended Plans:PL-03,PL-05,PL-06,PL-07,PL-09,PL-10, Design and Access Statement addendum received 12/4/12

Application received: 17/01/2012

1.0 SITE DESCRIPTION

1.1 The site comprises of an area of 0.049ha at the south west of Market Place with the River Brent bounding the site to the north. It is dense with vegetation and was last used as a temporary sales office for a nearby residential development. Previous to this the site was used as a public convenience which continued until the 1990s. The site has also been used in the past for the storage of unlicensed boats removed from the River Brent.

1.2 The site lies within The Butts Conservation Area, Brentford Town Centre and an Archaeological Priority Area, adjacent to a Nature Conservation Area and Flood Zone 2. It is also adjacent to the Grand Union and Boston Manor Conservation Area

1.3 To the southwest of the site is Tallow Road and beyond that Dorey House and Tanyard House, four storey residential buildings. To the northwest and across the river is the Island, a series of taller residential buildings. The nearest of those to the site is over 32m away from the boundary with the subject site.

1.4 The site adjoins Bowman House to the north-east; a 1970’s three-storey office building with undercroft parking and servicing (and an extant permission for first and second floor extension to the rear of the building).

1.5 To the southeast is Brentford Magistrates Court (Locally Listed) and Thanet House, a three-storey office building, is positioned to the south (separated by 10m from the edge of the site).

1.6 The Public Transport Accessibility Level (PTAL) is 3 (moderate) and the site is within a Controlled Parking Zone. Access to the site from the west (from Tallow Road) is currently blocked by railings.

1.7 A small area of the site (less than 10m2) adjacent to tallow Road is within the ownership of the Council.

2.0 HISTORY

2.1 The relevant planning history for the property is as follows:

2.2 00737/B/P2 Erection of single storey building for use as sales centre

Approved: 2001

3.0 DETAILS

3.1 The proposal involves the site being cleared and a terrace of five houses would then be erected on the site with front and rear gardens.

3.2 The houses would be three storey town houses and would comprise of:

• One two-bedroom house.

• Four three bedroom houses

3.3 The houses would be laid out in a terrace and would have a ‘staggered’ footprint (at both front and rear building lines) so that the front face of House 5 will be level with the front face of the adjacent Bowman House. The terrace then gently staggers forwards westwards towards House 1 at the south-western end, adjacent to Tallow Road.

3.4 House 1 will have pedestrian and vehicular access off the existing access onto Tallow Road and Plots 2-5 will be accessed off Market Place.

3.5 The houses would measure between 5.3 and 5.7m wide, between 9.8 and 7.8m deep and 8.4m high at eaves rising to 11.1m high at ridge on the far western unit (Unit 1) and 11.8m high at the most easterly (House 5). They would have GIA’s of between 149m2 and 121m2. Each end of terrace house would have a hipped roof. House 1 has a projecting bay element that extends from the first floor into the roof space.

3.6 Each house would have an integral garage and a separate family room at ground floor. Houses 2-5 would have a living room and separate kitchen on the first floor and two bedrooms on the second floor.

3.7 Each house would have a front and rear garden (overlooking the river Brent).The rear gardens range in area from 32m2 to 46m2. Each unit would also have the benefit of a first floor balcony.

3.8 The existing railings on the waters edge along the boundary with the River Brent would be retained. Privacy screens with a depth of 1m would project from the rear elevation of each of the houses protecting the privacy of habitable rooms for future residents.

3.9 Within the front elevation south facing windows would have a ‘saw-tooth’ design to prevent overlooking from the office building immediately opposite.

3.10 The Design and Access Statement notes that the use of traditional materials would be used in a modern context i.e. facing brickwork, pitched roofs and zinc claddings and acknowledge the general built form of the locality.

3.11 Outside the scope of this application it is also proposed by the Council to improve the public realm in front of the site by removing the fence at the end of Market Place and replacing it with iron bollards to improve pedestrian/cycle flows to and from Tallow Road.

3.12 The application comes in light of pre application discussions with the Council and Local Residents Groups including the BCC and The Butts Society. Amendments from the PRE-application scheme include a reduction in units from seven to six and now to five being proposed, as well as design changes including the external materials, fenestration treatment and roof design.

3.13 During the assessment of the application the following further design changes have been made:

• Changes to the rear elevation treatment (Specifically balconies and fenestration)

• Alterations to the fenestration in the west facing elevation

• Alterations to the fenestration of the front elevation.

4.0 CONSULTATIONS

4.1 90 neighbouring residents were consulted on the 19th January 2011. Press and site notices were posted. No responses have been received from neighbours. Responses from Statutory bodies are referred to elsewhere in this report as appropriate. Any further representations received will be provided in an addendum.

4.2 The application was brought before the Isleworth and Brentford Area Committee on the 15th March where members commented that:

• Members were broadly supportive of the proposals.

• Officers were asked to ensure that representations from the Brentford Community Council would be included in any report to Sustainable Development Committee.

• It was acknowledged that the Environment Agency had been satisfied with the proposals in relation to any flood risk.

• One member felt that the reduction in amenity space was offset by the waterfront views.

• In view of the comparatively small scale of this scheme, officers were asked to check Council policy before seeking S106 funding in relation to amenity space provision.

4.3 The Brentford Community Council and The Butts Society have objected to the scheme commenting:

1.Appropriateness of the Design.

Even in October 2011. it was clear that the proposed design did not suit the site. It relates badly with the design, height, scale and character of the Island Site development to the north and lacks the irregular, small scale quirky character of the Weir PH, the Old Cinema and the very varied houses in Market Place. Further, it offers residents no open views to the west, where these are possible, but forces residents to endure the night lighting and out door music from the adjacent Weir public house river side garden. Officer response: See paragraphs 6.12-6.34 for design assessment. It should be noted that further design changes, beyond the changes made during the pre- application process have now been made and it is considered that the design is appropriate for its context. 2.Planning Consent for extending the offices south of Market Place/ High Street.

The Council did grant a consent to raise the office block opposite the site by two floors. It is not known whether that application has lapsed or whether it could be revived. It may be that a follow up application might be hard to resist on appeal, given the Council’s previous decision.

Such an application would intensify traffic in Market Place and extend the over-shadowing of the proposed housing on this site.

I do recall that the BCC objected at the time to that application on the grounds that such a development would also be prejudicial to the redevelopment of the High Street and to the setting of the adjacent Magistrates Court, a locally listed building. Officers response: It is not considered that the extension to Thanet House would result in unacceptable harm to the proposed residential units. This is based on the separation distance between the two sites, the fact that the proposed houses are dual aspect and that they have saw-tooth windows which will ensure privacy and help gain additional light from either side of the building opposite. Furthermore it is noted that there are no habitable room windows within the ground floor of the proposed houses.

3. The Magistrates Court.

This site is close to the locally listed Magistrates Court, which is the major landmark in the town Centre area and is an issue in the pre-application consultations on the currently emerging designs for the South Side of the High Street.

Local concern lead to a current application, which has been notified to the Council, to list this building. The BCC commissioned a report, which has been submitted to English Heritage. A decision is expected shortly.

If the building is listed the application site would be part of the setting for a listed building”. In our view the quality of this application is poor and would not enhance such a setting. Even if the Court does not get formal listing the current design is not adequate to its unique position nor its proximity to a locally listed building.

Officer response: The subject application must be assessed based on the current situation, where the Magistrates Court does not benefit from a statutory listing. Notwithstanding this, the Magistrates Court is Locally Listed and therefore benefits from protection under UDP Policy ENV-B.2.6 (Identification and protection of buildings of local townscape character) and London Plan Polices. The proposed scheme has been assessed against these policies as well as the impact upon the character and appearance of the Conservation Area (as required by policy ENV-B.2.2) and is considered appropriate (discussed below). Furthermore it should be noted that the Design and Conservation Officer has been fully involved in the design evolution and is satisfied that the design is acceptable in this sensitive location. It is also not considered therefore that the proposal would harm the regeneration of Brentford High Street. 4. Design Evolution.

The BCC are pleased to note that the Magistrates Court has been purchased by a developer to open a restaurant and residential accommodation. The BCC and the Butts Society have written responses to draft proposals for the Court building. On Wednesday March 21 there is to be a pre-application exhibition of the revised scheme in the court building. This will show the proposal, which is currently being developed in consultation with the Council and with the BCC and the Butts Society. The BCC will be asked for further comments at their meeting on March 22, which will be sent to you

A copy of this letter has been sent to the developers of the Court building.

The current scheme for the Court building proposes to remove parking from the south side of the Magistrates Court and possibly to close the road to the west of the Court buildings. Such a move would greatly improve the town centre options, providing an extensive public paved area suitable for markets, outdoor events and for eating outdoors, linked up to the wide pavements which continue to Half Acre. With the proposed supermarket and the main route to the river directly opposite, this area will be central to the town centre proposals

Such a proposal would have effects for Market Place, which would then be the service road and where suitably controlled traffic and parking would be

essential. If these changes were agreed the garages (and reversing cars) proposed in this application would not be suitable.

Market Place will also become a more important pedestrian route as parking displaced from the High Street would be provided in the Butts CPZ and as the Town Centre grows in importance. Officers response: The comments in relation to Magistrates Court are noted. However no planning application has been made and as neither site (the subject site or the Magistrates Court) has the benefit of a Site Planning Brief or are Proposal sites within the Brentford Area Action Plan this cannot influence the assessment of the subject application, which has to be treated on its own merits based on the existing context.

Notwithstanding the above, if the closure of the road adjacent to the Magistrates Court was brought forward and approved planning permission the issue of access to the various units within Market Place would need to be addressed, and could for example require the re- introducing of the link from Market Place to Tallow Road. In any case the subject proposal would not in itself prevent this eventuality and the changes in road level required to make the route accessible for vehicle could be achieved without compromising the access to the proposed units. It should be further noted that access to the subject site can be accessed from Lion Way in any case.

5.0 POLICY

5.1 The Policy Framework is attached in appendix 1

6.0 PLANNING ISSUES

6.1 The main planning issues to consider are:

• The principle of the development

• Archaeology and Flood risk

• Appearance

• Housing Standards

• Neighbours’ living conditions

• Traffic and Parking

• Sustainability

Principle

6.2 The National Planning Policy Framework states that housing applications should be considered in the context of the presumption in favour of sustainable development. It goes on (Paragraph 111) to state that planning policies and decisions should encourage the effective use of land by re-

using land that has been previously developed (brownfield land), provided that it is not of high environmental value.

6.3 The last use of the site was for a temporary sales office and the applicant has demonstrated that previous uses at the site have included a car park and a public convenience and that the site has been previously developed, despite its now green and relatively open appearance. The site is therefore considered to be a brown field site and the proposal meets the objective set in the NPPF by re-suing previously developed land.

6.4 London Plan Policy 3.3 (Increasing Housing Supply) further supports appropriate residential development, particularly on previously developed sites like this one.

6.5 On this basis, it is considered that the principle of residential development at this site would be acceptable.

Archaeology and Flood Risk

6.6 London Plan Policy 7.8 (Heritage Assets and Archaeology) states that the significance of heritage assets should identified and UDP Policy ENV-B.3.2 (Sites of Archaeological Importance) states that the Council will promote the conservation, protection and enhancement of the archaeological heritage of the Borough.

6.7 The applicant has submitted a Desk-Based Archaeological Assessment to accompany this application. The Archaeological Assessment concludes that the site has good archaeological potential for evidence of prehistoric activity, particularly dating to the Neolithic and Iron Age periods. Further field work and recording of findings will be secured by a safeguarding condition.

6.8 The Council for British Archaeology have commented that ‘The Committee thought this a carefully considered design which should preserve and enhance the Conservation area’.

6.9 The NPPF states, in respect of minimising floodrisk, that Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere. Policy ENV-W.2.1 (Tidal Defences) states that there will be general presumption against development which would adversely affect the integrity of the tidal defences.

6.10 The site is located within Flood Zone 2 where residential development (defined as a more vulnerable type of development) is appropriate.

6.11 The applicant has submitted a Flood Risk Assessment and the Environment Agency are satisfied based on the site being protected from flooding via a combination of Finished Floor Levels raised 600mm above the predicted climate change-corrected 100 year flood level as well as all houses being set back a minimum distance of 5 metres from the edge of the river and open nature rear boundary treatment. This finished floor level and surface treatment would be secured by condition.

Appearance

6.12 The National Planning Policy Framework has a requirement for development to achieve a good design and states that new development should respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation.

6.13 It goes on to note (Paragraph 60) that planning decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness.

6.14 Policy ENV-B.1.1 of the UDP promotes high quality design that enhances the overall environmental quality and townscape. Section 1.0 of the UDP Supplementary Planning Guidance (SPG) states that the design and layout of proposed developments must enable them to be compatible with, and make a positive contribution to, the character of the locality. New buildings must relate satisfactorily to adjoining and neighbouring buildings and spaces. The scale, massing, siting, size and height of these buildings should be respected by new development, although this need not exclude original, innovative design.

6.15 Policy BAAP3 states that assessment of development should take account of the quality of design and the way in which the development takes account of and enhances the variety of historic and waterside contexts and assets within and surrounding the town centre.

6.16 Policy ENV-B.2.2 (Conservation Areas) states that development should preserve or enhance the character and appearance of the Conservation Area. In this case the site lies within The Butts Conservation Area and adjacent to the Grand Union Canal and Boston Manor Conservation Area.

6.17 The Butts Conservation Area appraisal notes that a pressure on the area is the potential Infill on the Market Place site of The Island’s marketing suite. This proposal seeks to develop this site and therefore a key assessment is the impact the development would have on the character of the Conservation Area.

6.18 London Plan Policy 7.4 (Local Character) sets out that buildings should provide a high quality design response to the urban grain, street pattern, natural features, human scale and the historic environment and is supported by Policy 7.6 (Architecture) which seeks to promote high architectural and design quality appropriate to its context. Policy BAAP2 of the BAAP also promotes high quality development that enriches areas of distinctive local character, rejuvenates areas with no positive identity and improves the overall quality of Brentford’s urban form.

6.19 The design has evolved during both the pre-application and application process. It is now considered that the proposed design is appropriate for its context and would result in a high quality development.

6.20 The existing site is overgrown and unkept and does not result in an attractive feature within the Conservation Area. However it is currently not developed and does offer some views across the site towards the River Brent and the Island development opposite although these views are limited too when crossing Tallow Road bridge from the south and from the south from Thanet House. It should be noted that these views are currently devalued by the blank elevation of Bowman House being a prominent feature.

6.21 It is considered that the narrow, three-storey units would be acceptable in this location and that they would add to the varied mix of design types in the area. The ‘staggered’ plan of the units would serve to reduce scale and add visual breaks to the buildings.

6.22 The staggered footprint and limited depth of the houses, especially Unit 1 (adjacent to Tallow Road) allow views to remain of the River from Tallow Road and reduces the massing of the development. It also serves to screen the visually uninteresting Bowman House west elevation. It is considered that the interrupted view from Thanet House has limited value to the Conservation Area and wider public realm.

6.23 The design has been amended to show a hipped roof and a small break in building line between House 5 and Bowman House, ensuring that the transition between the two sites is acceptable. The variety in ridge lines and use of parapet walls within the roofspace also help break up the massing and provide added interest to the elevation and variety helping create a varied skyline. The materials used in the parapet walls have been amended to better reflect the design of the houses.

6.24 The material palette proposed is considered to represent a careful and authentic choice of materials and detailing which would add further interest to the appearance of the terrace and would contain references to materials used within the surrounding Conservation Area. The materials are considered appropriate in this river side context and use a combination of modern elements with an industrial/waterside feel such as zinc cladding with more traditional materials such as the facing brick and roof slates. Samples of materials would be required to be submitted prior to development commencing by safeguarding condition

6.25 The design of the rear elevation has been amended to remove the emphasis on the first floor balconies by containing it with a frame that extends down from the roof eaves. This provides added interest to the elevation as well making reference again to an original wharf side structure.

Figure 1: Amended rear elevation

6.26 The fenestration of the front elevation has also been altered to separate the saw tooth windows and the slot windows. The saw tooth bays now add a sense of verticality to the elevation by being in line with the front entrances. The facade now also has a more traditional feel with the slot windows with brick soldier course sills taking reference from properties within The Butts.

Figure 2: Amended Front elevation

6.27 The Tallow Road elevation has been designed with a projecting bay element (finished in zinc cladding) that addresses that street scene whilst reducing the mass of the development at this end of the terrace as the building steps down in height. Again the fenestration within this projecting element has been altered to have a greater resonance with a wharf side building and provides added design interest.

6.28 The site is located to the north east of the former Magistrates Court, which is locally Listed and therefore Policy ENV-B.2.6 (Identification and protection of buildings of local townscape character) is relevant which states that the Council will identify and seek to protect buildings of local townscape character and their settings.

6.29 London Plan Policy 7.8 (Heritage Assets and Archaeology) seeks to ensure that development affecting heritage assets should conserve their significance and make provision for the protection of archaeological resources.

6.30 It is considered that the proposed development, as a result of its design and position would have an acceptable impact upon the setting of the Magistrates Court and would not impact upon any of the key views of this locally Listed Building, which are predominantly from the south and the High Street and from the western part of Market Place.

6.31 London Plan policy 7.3 (London’s Canals and Other Rivers and Waterways) states that development proposals along London’s rivers and water space should respect their local character.

6.32 In respect of the adjacent waterway it is considered that the proposed development, as a result of its significant set back from the river bank, ensures that it is not an overbearing addition to the Riverside and would positively contribute to its riverside setting with open garden design, retention of railings along the boundary as well as providing active frontages, visual interest and passive surveillance.

6.33 In addition the existing metal post and rail boundary treatment at the rear of the site adjacent to the River Brent will be retained to maintain an open riverside setting and will be complemented by soft landscaping from the paved terraces at the rear of the houses down to the water’s edge with low ‘open’ division fences between properties (details required by condition.

6.34 Therefore it is considered that the proposal preserves the appearance and character of both the Butts and the Grand Union and Boston Manor Conservation Areas, safeguards the setting of the locally listed building within the vicinity, adds interest to the street scene and would result in an attractive addition to the locality.

Housing Standards

6.35 Policy H.4.1 has standards and guidelines for new housing to protect the amenity of the existing residential areas as well as ensuring new housing is of a satisfactory standard. These are reinforced by the Council’s 1997 Supplementary Planning Guidance.

6.36 Policy 3.4 of the London Plan seeks to optimise housing potential by making efficient use of land taking into account local context and character, design principles and public transport capacity. Table 3.2 sets out the relevant density from different locations. The location of the site is considered as ‘Urban’ as defined in the London Plan and has a Public Transport Accessibility Level (PTAL) of 3. The density range identified in Table 3.2 for an ‘Urban’ location with a PTAL rating of 3 is 200-450 habitable rooms per hectare (hr/ha).The proposal would have a density of 489 hr/ha. Whilst this is marginally beyond the London Plan it should be noted that density is not in itself a reason for refusal, any shortfall in providing an acceptable standard of accommodation, such as in terms of amenity provision, bulk and

mass of the building and internal rooms sizes, could be an indicator of too great a density proposed on this site. Thee issues are discussed further below.

6.37 Furthermore it is noted that the proposal creates five family units for which there is an indentified need with the borough as evidenced by the Hounslow Strategic Housing Market Assessment (2009).

Minimum Floor Areas and outlook, sunlight and daylight

6.38 The Supplementary Planning Guidance provides minimum floor areas for conversions. London Plan policy 3.5 states that boroughs should require new development to incorporate minimum space standards that generally conform with Table 3.3. The Mayor will, and boroughs should, seek to ensure that new development reflects these standards. The design of all new dwellings should also take account of factors relating to ‘arrival’ at the building and the ‘home as a place of retreat’, have adequately sized rooms and convenient and efficient room layouts, meet the changing needs of Londoners over their lifetimes, address climate change adaptation and mitigation and social inclusion objectives and should be conceived and developed through an effective design process.

6.39 The proposed floor areas comply with both the SPG and the London Plan Guidance. All of the houses would be dual aspect and all rooms would meet the Council’s internal space standards providing a good standard of accommodation.

Privacy

6.40 The south facing ‘saw-tooth’ windows, the distance between the site and the Magistrate’s Court (16m) and the orientation of that building would protect privacy for front (south) facing rooms. The nearest rear (north) facing window would be over 35m away from the nearest window at the Island, to the North West.

Outdoor Amenity Space

6.41 Section 10 of the 1997 Supplementary Planning Guidance provides the minimum standard of private amenity space for new residential units. Normally, family houses like those proposed should have private, usable amenity space of at least 75m2 (for the three bedroom houses) and 60m2 (for the two bedroom house). None of the houses would meet the guidelines (gardens would be between 32m2 and 46m2).

6.42 However this is considered acceptable in this case as the spaces that are provided are useable and benefit from an extremely good outlook over the river and would be supplemented by small front landscaped areas. Furthermore each unit has the benefit of a first floor balcony. In addition the ‘family’ rooms within the rear ground floor would benefit from large glazed windows which open up onto the rear gardens creating a ‘winter garden’ feel.

6.43 The scheme would maintain a desirable openness on the water’s edge, with the retention of an existing low railing and lightweight, low boundary treatment would separate the gardens.

6.44 A safeguarding condition would restrict permitted development rights ensuring the houses could not be extended into the rear gardens without the benefit of planning permission.

Accessibility

6.45 The development has been designed to meet Part M of the Building Regulations and related requirements. However, due to the requirement to set the floor levels above the flood plane level (one in 100 year probability)

steps would lead up to the four units accessed from Market Place. The applicant notes that this has been discussed and agreed in principle with the Council’s Building Control Team. Notwithstanding the above, level threshold access to Unit 1 would be provided from the Tallow Road entrance. Ground floor toilets are also proposed for each unit and the design of the houses would be required to comply with Lifetime Home standard where feasible.

6.46 It is considered the proposal complies where practical with London Plan Policy 7.2 (An Inclusive environment).

Waste and recycling

6.47 Policies ENV-P.2 (Waste Management) and ENV-P.2.4 (Recycling Facilities in New Developments) seek to ensure that facilities are in place to ensure that waste and recycling can be properly stored and collected.

6.48 Each of the houses would have an integral bin store for the storage of waste and recycling and the Council’s Waste and Recycling Team have confirmed that kerb-side collections would be appropriate in this location for this type of development.

Neighbours

6.49 Policy ENV-B.1.1 (New Development) seeks to ensure that new development causes no harm to living conditions at neighbouring properties.

6.50 The nearest neighbouring buildings to the east and south are office buildings and in any case saw tooth windows within the south elevation ensure privacy is maintained for the proposed units and the offices.

6.51 In respect of the Dorey House to the west, this would be located 15 from the western flank of the proposed houses but the fenestration within the west elevation would not look directly towards these windows and the proposed

second floor window would be obscure glazed ensuring that the proposals would not harm neighbours’ living conditions.

6.52 Slimily the properties on the opposite side of the river (Corsell House and Barnes Quarter) would be positioned well over 21m away ensuring adequate privacy and as a result of the position between the sites no loss of daylight/sunlight would occur.

Traffic and parking

6.53 Policy T.1.4 (Traffic Implications of New Development) and Appendix 3 of the Unitary Development Plan states that development should provide parking in accordance with the Council’s standards, which are maxima. The site has PTAL rating of 3 (which is moderate).

6.54 The maximum standard for houses of this size is two off-street parking spaces for the three bedroom houses and one off street space for the two bedroom house (a maximum policy requirement of nine spaces). One space for each house, within an integral garage would be provided.

6.55 This is considered acceptable within this location, close to public transport links and shops and survives.

6.56 The surrounding area is within a Controlled Parking Zone and the Council’s transport team have recommended that a restriction be placed on any approval to restrict residents applying for permits. This will ensure that the development would not result in overspill parking and therefore there would be an acceptable impact on local highway conditions.

6.57 In addition secure cycle parking for each unit would be provided within the internal garages.

Sustainability

6.58 London Plan Policy 5.2 (Minimising Carbon Dioxide Emissions) states that major development proposals should make the fullest contribution to minimising carbon dioxide emissions and that a 25% improvement against the 2010 Building Regulations should be demonstrated.

6.59 Whilst not a major development the proposal still has the potential to make a contribution to sustainable development in the Borough and it is important that it recognises and adopts sustainable development principles. The proposal constitutes the redevelopment of a brownfield site in accordance with sustainable development principles.

6.60 The applicant has indicated that passive solar gains and air source heat pumps (renewable energy) would help to achieve the Mayor’s sustainability objectives. The incorporation of these measures would be secured by condition.

6.61 In addition the construction would also exceed current Building Regulation and the air tightness of the dwellings would exceed the minimum Building Regulation requirements. Again safeguarding condition would require

details of sustainable construction and sustainable urban drainage to be provided.

7.0 EQUALITIES DUTIES IMPLICATIONS

7.1 The Council has to have due regard to its Equalities Duties and in particular with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, which is available at: http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/environment_eias.htm it is considered that there will be no specific implications with regard to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.

Relevant Section of Relevance Test

Minor developments

8.0 COMMUNITY INFRASTRUCTURE LEVY

8.1 Some new developments granted planning permission on or after 1st April 2012 will be liable to pay Community Infrastructure Levy (CIL) to the Mayor of London with respect to the funding of Crossrail. This is at the rate of £35 per m2 of new floor space.

8.2 This proposal is liable to pay the Community Infrastructure Levy on commencement of development.

9.0 RECOMMENDATION

Approval

With appropriate safeguarding conditions, it is considered that the proposed development is acceptable and would preserve the character and appearance of the surrounding Conservation Areas, provide a high standard of family accommodation, whilst not harming neighbours’ living conditions or local highway conditions. The proposal therefore complies with the National Planning Policy Framework, London Plan Polices 3.3 (Increasing housing supply), 3.5 (Quality and design of housing), 7.8 (Heritage Assets and Archaeology) and 7.30 (London’s Canals and other Rivers and water spaces) and Unitary Development Polices ENV-B.1.1 (New Development), ENV-B.2.2 (Conservation Areas) and H.4.1 (Housing Standards and Guidelines) as well as Supplementary Planning Guidance and the BAAP.

Draft Safeguarding Conditions

1 A1a Time Limit – full permission.

2 B5 The proposed development shall be carried out in all respects in accordance with the proposals contained in the application and the plans submitted therewith and approved by the Planning Inspectorate, or as shall have been otherwise

approved in writing by the Local Planning Authority.

3 Non std No development shall take place until samples of the materials to be used in the construction of the external surfaces have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details Reason: In order that the Council may be satisfied as to the details of the development in the interests of the visual amenity of the area and to satisfy the requirements of Hounslow Unitary Development Plan Policy ENV-B.1.1 (New Development) and ENV-B.2.2 (Conservation Areas)

4 J12 Condition CONDITION: “Before the development hereby permitted commences: a. Details of an intrusive site investigation are required in addition to the phase 1 desk study previously submitted. These details shall be submitted to, and approved in writing by, the Local Planning Authority. The site shall be investigated by a competent person to identify the extent and nature of contamination. The report should include a tiered risk assessment of the contamination based on the proposed end use of the site. Additional investigation may be required where it is deemed necessary. b. If required, a scheme for decontamination of the site shall be submitted to the Local Planning Authority, for written approval. The scheme shall account for any comments made by the Local Planning Authority before the development hereby permitted is first occupied. During the course of the development: c. The Local Planning Authority shall be notified immediately if additional contamination is discovered during the course of the development. A competent person shall assess the additional contamination, and shall submit appropriate amendments to the scheme for decontamination in writing to the Local Planning Authority for approval before any work on that aspect of development continues.

Before the development is first brought into use: d. The agreed scheme for decontamination referred to in clauses b) and c) above, including amendments, shall be fully implemented and a written validation (closure) report submitted to the Local Planning Authority for approval. Reason: contamination is known or suspected on the site due to a former land use. The LPA therefore wishes to ensure that the development can be implemented and occupied with adequate regard for public and environmental safety.

5 No demolition or construction work shall take place on the site except between the hours of 8:00am to 6:00pm on Mondays to Friday and 9:00am to 1:00pm on Saturdays and none shall take place on Sundays and Public Holidays without the prior agreement of the Local Planning Authority.

Reasons: In order to safeguard the amenities of adjoining residents and the amenities of the locality in accordance with Policies ENV-B.1.1 (New development), ENV-P.1.7 (Light pollution) and ENV-P.1.5 (Noise pollution) of the Hounslow Unitary Development Plan.

6 During construction works an appropriate wheel-washing system shall be provided to remove mud, stones and any other extraneous materials from the wheels and chassis’ of construction vehicles exiting the site and all loads of construction materials, excavation spoil or other such matter shall be fully covered in order to ensure that no material leaves the site attached to the vehicle which might subsequently be deposited on the highway. The exit from the wheel washing system shall be constructed from a hard, non-porous surfacing material and sited as far away from the exit to the highway as is possible given the constraints of the site and the surface shall be kept clean at all times. Waste water discharged from the wheel washing system shall be stored and disposed of on site and shall not be discharged into the public sewerage system without prior removal of soil, stones and any other suspended material. Suitable measures to minimise dust nuisance caused by the operations and to ensure that no dust or other debris is

carried on to the adjoining properties shall also be provided in accordance with the Greater London Authority’s “Air Quality” guidance, and site lighting shall be designed, positioned and directed so as not to unnecessarily intrude on passing drivers on public highways and so as not to direct light into any windows of properties outside the site. Start of works on site shall be notified to the Council’s Community Environment Team. Reason: In order to safeguard the amenities of adjoining residential properties, the amenities of the locality, and highway safety, and to enable the Council to monitor works on site to ensure that it is carried out in a safe and neighbourly fashion for the above reasons in accordance with Polices ENV-B.1.1 (New Development), ENV-P.1.5 Noise Pollution, ENV-P.1.6 Air Pollution, and ENVP.1.7 (Light Pollution).

7 Prior to any occupation of the development a scheme for the storage and collection of waste and materials to be recycled including a timetable for implementation shall have been submitted to and approved in writing by the Local Planning Authority and the approved scheme shall then be managed as approved unless otherwise approved in writing by the Local Planning Authority. Reason: In order that the Council may be satisfied as to the refuse and recycling arrangements for the development to ensure that waste and materials to be recycled can be properly stored and removed from the site as soon as the residential accommodation is occupied in accordance with Hounslow Unitary Development Plan Policies ENV-B.1.1 (New development), ENV-P.2.1 (Waste management), ENV-P.2.4. (Recycling facilities in new developments), H.4.1 (Housing standards and guidelines), T.2.2 (Pedestrian safety and security) and T.4.4 (Road safety).

8 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall then be carried out as approved. Hard landscaping details shall include (proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing material; minor artefacts and structures; proposed and existing

functional services above and below ground; retained historic landscape features and proposals for restoration, where relevant). All hard landscape work shall be carried out in accordance with the approved details prior to any occupation of the residential development and retained and maintained thereafter. Soft landscaping details shall include (planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme). All soft landscape works shall be carried out in accordance with the approved details within 12 months of occupation of any building and retained thereafter. If within a period of five years from the date of planting any tree or specimen shrub that tree or specimen shrub or green roofing or any tree or specimen shrub or green roofing planted in replacement for it is removed, uprooted or destroyed or dies (or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective), another tree or specimen shrub of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written approval to any variation. Reason: To safeguard the appearance of the site and Conservation Area in accordance with Policy ENV-B.1.1 (New Development).

9 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the position, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings are occupied. Development shall be carried out in accordance with the approved details prior to occupation of any building unless a timetable for implementation has otherwise been submitted and approved in writing and retained and maintained thereafter. Reason: In order that the Local Planning Authority may be satisfied as to the details of the development

in the interests of road safety in accordance with policy ENV.B.1.1 New development and ENV-B.2.2 (Conservation Areas).

10 No development shall take place until details of a Sustainable Urban Drainage Scheme, including measures for (i) the harvesting of rainwater, (ii) the minimisation of water run-off from the site, aiming for Greenfield levels, and (iii) the conservation and reuse as appropriate of other water supplies in the buildings have been submitted to and approved by the Local Planning Authority. These details shall be carried out as approved prior to occupation of the buildings unless otherwise approved in writing by the Local Planning Authority and retained and maintained thereafter. Reason: In the interests of sustainability and to ensure the satisfactory management of surface water run-off from the development hereby permitted, including by preventing increased risk of flooding and pollution of the water environment, and in accordance with Hounslow Unitary Development Plan Policies ENV-B.1.1 (New development), ENV-P.1.2 (Water pollution and water quality), ENV-P.1.3 (Surface water run off).

11 No development shall take place until a statement on the sourcing of materials to be used in the building, involving reuse, recycling and other sustainable sourcing of materials to be used in the construction of extensions and fitting out of the building wherever possible, has been submitted to and approved in writing by the Local Planning Authority. These details shall be carried out as approved. Reason: To ensure the development can be implemented with adequate regard to the environment in the interests of sustainability in accordance with Hounslow Unitary Development Plan Policies ENV-B.1.1 (New development), London Plan Policy 5.3 (Sustainable design and construction).

12 On-site renewable energy

Reason: To minimise the impact of the development and to contribute to meeting the renewable energy targets in the Mayor's London Plan

13 All the residential units shall comply, where

feasible, with the Joseph Rowntree Foundation Lifetime Homes Standards.

Reason: To ensure that the residential accommodation will be built out to Lifetime Homes Standards in accordance with the planning application allowed on appeal and Hounslow Unitary Development Plan Policies ENV-B.1.1 (New Development) and H.4.1 (Housing standards and guidelines).

14 The proposed residential units shall incorporate acoustic insulation measures to ensure that the maximum noise level to be permitted within dwellings with windows shut and any other necessary means of ventilation provided shall not exceed the "reasonable" limits contained in BS8233:1999 A minimum level of sound insulation for windows – these being double glazed or a secondary/hybrid secondary glazed system.

Reason: To comply with the “reasonable” limits contained in BS8233:1999 designed to provide a reasonable standard of living conditions for future occupiers and to meet Hounslow Unitary Development Plan Policies ENV-B.1.1 (New development) and ENV-P.1.5 (Noise pollution).

15 The windows shown on the herby approved plans to be obscure glazed shall be obscure glazed, hinged to open inwards and shall not be repaired or replaced otherwise than with obscured glazing. Reason. To prevent overlooking of the nearby premises in accordance with policy ENV.B.1.1 New development)

16 No additional flank windows or other glazed openings shall be formed in any wall of the buildings hereby approved without the prior written consent of the Local Planning Authority.

Reason. To protect the amenities of the neighbouring residential property against increased overlooking with resultant loss of privacy in accordance with policy ENV.B.1.1 New development)

17 Restriction of permitted development rights

18 Restriction of parking permits

19 Archaeological investigation

20 EA1 Condition

The development shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) prepared by Environ (Ref: UK14-17159 Issue 2, dated 16 December 2011), and the following mitigation measures detailed therein: M Finished floor levels are set no lower than 6.8 m above Ordnance Datum (AOD). M No new buildings or other permanent structures are to be located within 5 metres of the top of the bank of the River Brent. M Any new fencing within 5 metres of the top of bank of the River Brent shall be of an open nature. Reason: To reduce the risk of flooding to the proposed development and future occupants, and to ensure future access to flood defences for maintenance.

Informative 1) Any works whatsoever in, under, over or within 16 metres of the top of the bank of the River Brent will require the prior consent of the Environment Agency under the Water Resources Act 1991 and the Thames Land Drainage Byelaws. Any fencing within 8 metres of the top of the bank should be of an open nature and not cause an obstruction to flood flows. 2) Waste Comments - There are public sewers crossing or close to your development. In order to protect public sewers and to ensure that Thames Water can gain access to those sewers for future repair and maintenance, approval should be sought from Thames Water where the erection of a building or an extension to a building or underpinning work would be over the line of, or would come within 3 metres of, a public sewer. Thames Water will usually refuse such approval in respect of the construction of new buildings, but approval may be granted in some cases for extensions to existing buildings. The applicant is advised to contact Thames Water Developer Services on 0845 850 2777 to discuss the options available at this site. 3) Surface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not

permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

Background Papers: The contents of files referenced on the front page of this report and save for exempt or confidential information as defined in the Local Government Act 1972, Sch. 12A Parts 1 and 2