item6 05 Pickering House

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					Planning Committee 10/06/2009                                            Schedule Item: 05
Ref:                                P/2009/0860

Address:                            REAR OF PICKERING HOUSE 271 WINDMILL ROAD EALING
                                    W5 4DW

Ward:                               Northfield

Proposal:                           Erection of a three storey building containing 6 x 2 bedroom
                                    flats, provision of 6 car parking spaces, cycle storage, refuse
                                    storage, landscaping, gardens and childrens play area

Drawing numbers:                    OS 1;1250 607/01, 02, 03 and 04.

Type of Application:                Full Application

Application Received:               24/03/2009                       Revised:


Report by: Planning Officer

Recommendation:
Grant Subject to a Legal agreement to secure


1. The restriction of parking permits for the residents of the development within the local controlled
parking zones.


2. A maintenance agreement for amenity and play area


3. A contribution for education to support local schools


4. A contribution of £24,000 for improvements to the public realm which may include street tree
planting outside Pickering House


5 The Council’s reasonable costs for the preparation and execution of an Agreement.


Background

In January 2009 planning permission was refused for 8 flats in two two storey blocks located at
the rear of Pickering House for the following reasons :


1. Overbearing to neighbours undesirable backland development

The proposed development, by reason of its site layout, the design, scale and proximity of
buildings to site boundaries, would be out of character with the style and general pattern of
development in the area, overbearing when viewed from neighbouring properties and their
gardens and result in overlooking, and therefore this undersirable form of backland development
would be detrimental to the residential amenities of the occupiers of neighbouring properties and
                                                                           Schedule Item: 05
harmful to the character and appearance of the area, contrary to policies 4.1 and 5.5 of the
Adopted UDP 'Plan for the Environment' (2004).

2. Lack of amenity space

The proposed development would fail to provide adequate usable amenity space and separation
between the proposed and existing buildings to the detriment to the living conditions of existing
and future occupiers and therefore would be contrary to policies 4.1, 4.5 and 5.5 of the Adopted
UDP 'Plan for the Environment' (2004), Supplementary Planning Guidance 13 'Garden Space',
Supplementary Planning Guidance 14 'Indoor Living space'

3. Inadequate parking

The proposal represents an intensification of the use of the site, which by reason of traffic
generation and a loss and inadequate provision of on-site car parking for the existing and
proposed flats, would be detrimental to the free flow of traffic and safety of pedestrian and
vehicular traffic within the site and its vicinity, contrary to policies 4.3, 9.1 and 9.7 of the Adopted
UDP 'Plan for the Environment' (2004).

4. Lack of provision for Education

The development is not considered to have made adequate provision, through planning
obligations, for contributions towards education facilities and local environment improvements in
accordance with policies 1.10, 3.4, 3.5 and 8.7 of the Adopted UDP 'New Plan for the
Environment 2004'.

5. Loss of residential amenity for occupiers of Pickering House

The proposal would result in the undersirable loss of private amenity space for the occupiers of
the existing flats to the detriment of their amenity, contrary to policies 4.1, 4.5 and 5.5 of the
Adopted UDP 'Plan for the Environment' (2004) and Supplementary Planning Guidance 13
'Garden Space'.

The application is now the subject of an appeal which is to be considered at a Public Inquiry to
be held on the 14th and 15th July 2009.


Site Description:

The application site is located on the southern side of Windmill Road, Ealing, 35 metres South-
West of Northfield Avenue. The site is approximately 2,500m² in area and is occupied by a 3
storey building on the frontage known as Pickering House, which contains 18 flats. Pickering
House was erected in the 1950’s, and the land at the rear which was originally part of its
curtilage has now been separated off with 2 metre high open mesh fencing and is the subject of
this application for one block of six 2 bed flats, which is to be located towards the eastern side of
the site and 6 car parking spaces located towards the western side of the site, with a central
amenity area/play space.

The Southern boundary of the site is marked by a 3 metre high brick wall; the eastern sections
of which form part of the curtilage of the St Anne’s Convent School which lies to the south east.
St Anne’s which is currently vacant is a Grade II Listed Building and as a consequence the
section of the wall abutting the application site is listed. The wall continues in a westerly
direction and forms the boundary to the gardens of terrace properties that front Hollies Road.
Their 0rear gardens measure on average 10 metres in depth.
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                                                                         Schedule Item: 05
Adjoining the site on the eastern side is a 3 storey building known as Laurel House, which is
occupied by a children’s day nursery in the ground floor south western corner and a mix of
ground floor commercial premises with residential uses on the upper floors. A rear service yard,
parking area and garages lie behind Laurel House and the access to this area forms the eastern
boundary of the application site. In the South eastern corner of the site is the only site tree, a
semi mature self seeded Sycamore tree, which will be removed as a result of this development.

On the western side of the site is Windmill Court a two storey block of flats. The western
boundary of the site is the shared vehicular access which provides access to four garages to
serve Windmill Court. The shared drive will provide access to the proposed six car parking
spaces to be provided in conjunction with the application which will be located adjacent the
existing garages.

Parking is available for the occupants of Pickering House on the site frontage in an area which
stands immediately in front of the building.

Confirmation has been sought from the agents that a right of way across this drive and the drive
to the east for the occupiers of Pickering House and the new development is available in
perpetuity.

The surrounding area is subject to a Controlled Parking Zone (CPZ).

The site is located within a designated residential area and Archaeological Interest Area, as
identified in the Council’s Unitary Development Plan. The surrounding locality consists largely of
residential development that is characterised by a mix of two storey semi-detached and terraces
and 3 storey blocks of flats. The Northfields train station is approximately 300 metres to the north,
which falls within a Neighbourhood Centre, and an area of Public Open Space is 150 metres to the
West.

The Proposal:

The proposal is to construct one three-storey building containing a total of 6 flats on the land at
the rear of Pickering House. The block will be located towards the south eastern corner of the
site close to the school. The buildings are of a traditional design, the roof will be predominantly
hipped, but the central section of the roof will be flat.

To reduce the perceived height of the three-torey building site levels will be adjusted so that the
block sits down into the site. The surrounding land will be gently graded so that the occupiers of
the lower ground floor flats will look over sloping land rather than towards retaining walls.
Ramps will be provided down towards the building entrance, which will be located on the
eastern side of the building, and which will look towards the footpath and fence and landscaping
located on the boundary.

On the western side of the site will be located 6 parking spaces including 2 disabled spaces.

In the centre of the site will be an amenity area /children’s play area, accessed from a footpath
which will cross the site.

Small private gardens, most 4/5 metres deep, enclosed by 1.0metre high timber paling fencing,
will be provided to serve the ground floor flats in Pickering House and the two lower ground floor
flats in the new block.

Two refuse stores enclosed by 1.8metre high close boarded fencing to serve both Pickering
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                                                                       Schedule Item: 05
House and the new flats will be located towards the eastern and western sides of the site
adjacent the private drive and footpath. A cycle store is to be located adjacent to the North wall
of the block enclosed by a 1.0metre high timber paling fencing.

The site will be secured by gates located at the footpath entrances and on the western and
eastern boundaries by 1.8 m high open fencing.

The residents of Pickering House would retain their parking on the site frontage but this would
be reserved for their use only and controlled by the installation of a barrier across the private
drive.

The application form, (as did the previously refused application reference P2008/168), states the
development is for Social Housing.

The London Borough of Ealing has entered into a 5 year Private Sector Leasing Agreement with
Altwood Properties for flats 1-18 Pickering House. Under the terms of the lease arrangement,
the units are used as temporary accommodation for homeless families. The lease term
commenced on 18th December 2006 and expires on 16th December 2011.

Altwood Properties previously advised they have been approached by the owner with regard to
their proposals for the development to the rear of Pickering House, and indicated that they
would be prepared to consider taking the properties on a similar basis. Altwood Properties are
however not a Registered Social Landlord and the housing is not available and does not qualify
as affordable housing.

As the development does not exceed 10 units there would, in any event, be no requirement
under policy 5.2 of the Unitary Development Plan to pursue Affordable Housing in this instance.




Relevant Planning History:

Application    Development Description                                   Decision           Decision
Number                                                                                      Date
01812          Block of eighteen flats.                               GRANTED               02-07-1951
                                                                      CONDITIONALLY
P/2007/0562 Construction of two three-storey buildings containing six REFUSED       11-10-2007
            two-bedroom flats and provision of 12 car parking
            spaces, landscaping and refuse storage
P/2007/5858 Construction of a two storey building and a three storey WITHDRAWN      11-03-2008
            building containing a total of 10 two-bedroom self-
            contained flats; provision of 10 car parking spaces
            (including one disabled space); private and communal
            gardens; landscaping; covered cycle stores




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                                                                       Schedule Item: 05
P/2008/1685    Erection of two two-storey buildings containing a total REFUSED          28-01-09
               of 8 flats (4 x 1 bedroom and 4 x 2 bedroom), provision
               of cycle parking, refuse storage, landscaping, gardens
               and childrens play area (Amended plans received
               19.11.2008)



On the 2nd June 2008 an Enforcement Notice was served in relation to the stationing of a caravan and
a wooden structure on land to the rear of Pickering House. The Enforcement Notice was complied with
on June 16th 2008 and the caravan removed from the site.

A caravan which appeared to be unoccupied was moved again onto the site in November 2008 and
was under investigation by Enforcement Officers. This has since been removed.

Planning Policies:

Adopted Ealing Unitary Development Plan ‘Plan for the Environment’ (2004)

Policy      Summary
1.10        Legal Agreements and Partnerships
2.1         Environmental and Other Sustainability Impacts
2.7         Contaminated Land
2.9         Energy
2.10        Waste Minimisation and management
3.5         Land for Sports, Children’s Play and Informal Recreation
4.1         Design of Development
4.3         Inclusive Design – Access for All
4.4         Community Safety
4.5         Landscaping, Tree Protection and Planting
4.7         Statutorily Listed Buildings
4.9         Ancient Monuments and Archaeological Interest areas
4.11        Noise and vibration
4.12        Light Pollution
5.3         Lifetime Homes and wheelchair Housing
5.4         Range of Dwelling Sizes and Types
5.5         Residential Design
5.6         Small Dwellings and flats
8.7         Education Facilities
9.1         Development, Access and Parking
9.5         Walking and Streetscape
9.6         Cycling
9.7         Accessible Transport
9.9         Highways and Traffic Management

Supplementary Planning guidance

SPG 4          Refuse and Recycling Facilities
SPG 7          Accessible Ealing
SPG 8          Safer Ealing
SPG 13         Garden Space
SPG 14         Indoor Living Space


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                                                            Schedule Item: 05
London Plan Policies

3A.1 Increasing London’s Supply of Housing

3A.2 Borough housing Targets

3A.3 maximising the potential of sites

3A.5 housing Choice

3A.6 quality of New Housing Provision

3A.17 Addressing the needs of London’s diverse population

3A.24 Education facilities

4B.1 Design principles for a compact city

4B.5 Creating an inclusive Environment

4B.6 Safety, Security and fire prevention and protection

4B.11 London’s Built Heritage

4B.12 Heritage Conservation

4B.15 Archaeology




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                                                                         Schedule Item: 05
Consultation:
Public:
Neighbour Notification /   99 properties in the surrounding area were notified of the application
Advertisement / Site
Notice                     58 letters of objection have been received. One letter was written on
                           behalf Ealing Fields Residents Association which has 500 members
                           and one letter is from the 16 residents of Windmill Court.

                           One letter is from the Ward Councillor, David Millican, who is
                           concerned that :
                           -this backland development will be very close to the existing
                           properties and appears to be over development of a cramped site.
                           The proposed building will be very close to the rear of Pickering
                           House.
                           -The windows on the top floor will still look into the houses on Hollies
                           Road
                           - the potential damage to the very old Grade 2 listed wall by the new
                           building being so close to it
                           - while appreciating that there will be some development on this site
                           at some point, but this should not be that development

                           One letter is from Ward Cllr Reen
                           The development is still sited in a cramped aspect and the
                           overlooking of both neighbouring properties and also the existing
                           Pickering House building is unneighbourly and likely to diminish the
                           amenity of all the neighbouring properties, including light and the
                           provision of privacy.

                           Additionally the parking provision of the whole site is in my view in
                           contravention of aspects of the adopted UDP - this is not mitigated by
                           the provision of parking on the proposed site.

                           Further to this the excavation of the whole building will in my view
                           create a disturbance and a risk to the high listed wall that runs along
                           the boundary of the site.

                           In total the development is not in keeping with a quiet residential
                           neighbourhood and for a building sited on the edge of the Heritage
                           Quarter the building is lowest common denominator development
                           and out of keeping in both scale and form within a low rise Edwardian
                           residential environment.

                           One letter of objection is from the adjacent children’s nursery.

                           The areas of concern include

                           --the car park is too close to Windmill Court and will cause noise and
                           disturbance
                           -the design and access statement claims the site has not been used
                           for parking for 12 years this is an incorrect statement, the area was
                           used for parking by the Police Authority who occupied the flats until
                           recently
                           -the development is located too close to the school
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                                                            Schedule Item: 05
                -the development is located too close to the listed wall
                -there is insufficient amenity space to serve the development
                -the development is out of character with the locality
                -the development will appear cramped
                -there is a lack of social infrastructure to support his development
                e.g. education
                -the development will create problems of lack of privacy and
                overlooking
                -three storey development is too high
                -overdevelopment of the site
                -backland development out of scale with the locality
                -noise and disturbance from people using the parking area
                -residential targets being met by Ealing Council and therefore there is
                no need for more development
                -excavation will cause nuisance and disturbance
               -The development will be a security risk.




Page 8 of 24
                                                                     Schedule Item: 05
                    Response: The issues raised above have been addressed in the main
                    body of the report, and where appropriate by conditions or the provision of
                    the Section 106 Agreement..
Internal


Environment         No comments
Agency

Transport           PTAL value of 3. As the site is in a CPZ it would be possible to provide no
                    parking providing the developer enters into a Section 106 legal
                    agreement, preventing new residents from obtaining parking permits.


                    The provision of 8 cycle parking spaces for 6 dwellings is acceptable.
                    Please note that the spaces should be provided in a covered, secure and
                    lockable unit.

                    Car parking provision of 1 space per dwelling is acceptable. However, it is
                    requested that the spaces are retained for the exclusive use of residents
                    of new units. Also, residents of the new units should be prohibited from
                    using the 12 existing parking spaces for the residents of Pickering House.

                    Due to the sub-standard access to the site from Windmill Road, the
                    applicant is requested to submit drawings showing the swept path of
                    vehicles entering and leaving the site and the proposed parking bays. .

                    Also, the developer is requested to enter into a Section 106 agreement
                    denying residents the rights to purchase a permit to park in the
                    surrounding CPZ.


Crime Prevention    Comments awaited
Design Advisor

Schools services    Previously sought a contribution of support local schools through a S106
                    Legal Agreement.

                    Comments on new scheme awaited

Tree Officer        Comments awaited would accept a section 106 contribution for
                    improvements to the public realm which includes planting of street trees.

Environmental       The bin area shown at the back should be sufficient. No objections.
Services (Refuse)

Ealing Access       The flats satisfy the Lifetime Homes Standard
Officer
                    The applicant should consider the distance from the car parking spaces to
                    the flats which should be kept to a minimum distance and should be level
                    or gently sloping.



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                                                                     Schedule Item: 05
Environmental        Land appears to be within a sheltered residential area having no
Health Officer       significant noise exposure

                     Rooms should stack to prevent noise nuisance to future occupiers.

                     In response: The rooms would be appropriately stacked.

Urban Design         The 3-storey height and massing proposed is excessive for the site. This
Officer              is a backland site. The height of the buildings surrounding the site and
                     facing the street vary between 2 and 3-storeys. According to recognised
                     urban design principles set in By Design, the height of buildings should
                     relate to the width and importance of the spaces which they enclose.
                     Buildings to the inside of the urban block, facing spaces that have a more
                     private feel should be lower than the buildings facing the more important,
                     active and public street edge. This is to ensure a consistent hierarchy of
                     building heights within a site and a coherent roofscape. The option to
                     have one block instead of two, as in previous proposals, results the rear
                     face of the building and private garden space being exposed to the car
                     park and public access road from Windmill Lane, generating a potential
                     conflict between the public and private domains.


                     In response The building is to be lowered into the site and would stand
                     closer to neighbouring properties which are of three-storey height. The
                     reduction to one building would move the development away from the two
                     storey neighbours and result in more space at the rear of Pickering House




External:
Ealing Community     No comments received
Network

Ealing Primary       No comments received
Care Trust

Ealing Centre        No comments received
Partnership

Ealing Fields        No comments received
Residents
Association

English Heritage -   Commented on the previous application which was refused. It is
Archaeology          considered that archaeological fieldwork is not required prior to
                     determination of the planning application, but the archaeological position
                     should be reserved by attaching a condition to any consent granted under
                     this application:

                     Condition:
                     No development shall take place until the applicant has secured the
                     implementation of a programme of archaeological work in accordance with
                     a written scheme for investigation which has been submitted by the
Page 10 of 24
                                                                       Schedule Item: 05
                     applicant and approved by the Local Planning Authority. The
                     archaeological works shall be carried out by a suitably qualified
                     investigating body acceptable to the Local Planning Authority.

                     Informative:
                     The development of this site is likely to damage archaeological remains.
                     The applicant should therefore submit detailed proposals in the form of an
                     archaeological project design. The design should be in accordance with
                     appropriate English Heritage guidelines.

                     Comment: In the event of the application being approved, this condition
                     and informative would be imposed.


English Heritage     Do not wish to comment.
Listed Buildings
                     The decision on this application will remain with the Local Planning
                     Authority
London Fire          No comments received
Brigade

Southern             No comments received
Electricity

British Gas          No comments received

Reasoned Justification/Remarks:

Principle of Development

The site is located within a residential area, as designated in the Council’s Unitary
Development Plan. The site is surrounded by residential development and is situated within a
predominantly residential setting. The proposal to develop the site for residential purposes
would not be objectionable per se but this would be subject to the design and layout of the site
meeting other policies of the London and Unitary Development Plan.

Three previous applications have been made at this site. Two have been refused and one
withdrawn. One of the earlier application also sought permission for three storey development
at the site but unlike the current submission it was not proposed to lower the building into the
site to reduce its height and apparent bulk and massing. The application reference
P/2007/0562 also differed from the current submission in that it sought permission for two three
storey buildings rather than one block and the design included the provision of a mansard roof
for each of the blocks with windows at roof level. The application was refused for the following
reasons:

1. The proposed development, by reason of its site layout, the design, scale and proximity of
buildings to site boundaries, would be out of character with the style and general pattern of
development in the area, overbearing when viewed from neighbouring properties and their
gardens and result in overlooking, and therefore this undersirable form of backland development
would be detrimental to the residential amenities of the occupiers of neighbouring properties and
harmful to the character and appearance of the area, contrary to policies 1.4, 4.1 and 5.5 of the
Adopted UDP 'New Plan for the Environment 2004'.

2. The proposed development would fail to provide adequate usable amenity space and
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                                                                             Schedule Item: 05
separation between the proposed and existing buildings to the detriment to the living conditions of
existing and future occupiers and therefore would be contrary to policies 4.1, 4.5 and 5.5 of the
Adopted UDP 'New Plan for the Environment 2004', Supplementary Planning Guidance 13
'Garden Space', Supplementary Planning Guidance 14 'Indoor Living space'.

3. The proposal represents an intensification of the use of the site, which by reason of traffic
generation and a loss and inadequate provision of on-site car parking for the existing flats, would
be detrimental to the free flow of traffic and safety of pedestrian and vehicular traffic within the site
and its vicinity, contrary to policy 4.3, 9.1 and 9.7 of the Adopted UDP 'New Plan for the
Environment 2004'.

4.The proposed development would fail to make adequate provision for people with disabilities or
provide secure bicycle storage facilities, detrimental to the living conditions of future occupiers,
contrary to policies policies 4.1, 4.3, 5.3 and 9.1 of the Adopted UDP 'New Plan for the
Environment 2004' and Supplementary Planning Guidance 7 'Accessible Ealing'.

5.The applicant has failed to demonstrate that the proposed development, through its siting,
design and use of energy efficient systems, would represent a sustainable form of development,
contrary to policies 2.1 and 2.9 of Ealing's adopted Unitary Development Plan, 'Plan for the
Environment' and Supplementary Planning Guidance 1.

6.The development is not considered to have made adequate provision, through planning
obligations, for contributions towards education facilities and local environment improvements in
accordance with policies 1.10, 3.4, 3.5 and 8.7 of the Adopted UDP 'New Plan for the
Environment 2004'.

7.The proposal would result in the undersirable loss of private amenity space for the occupiers of
the existing flats to the detriment of their amenity, contrary to policies 4.1, 4.5 and 5.5 of the
Adopted UDP 'New Plan for the Environment 2004' and Supplementary Planning Guidance 13
'Garden Space'.

The most recently refused application was for 8 flats within two two storey buildings. This
application was also refused for the reasons as outlined at the beginning of this report.

Overall the current proposal represents a reduction in the number of units from the most recent
refusal from eight to six and a reduction in the number of buildings on the site down from two to
one. Parking has been reintroduced at the rear of the site but, with a reduction in the number of
buildings to accommodate the residential accommodation, there is an improvement to the
provision of amenity space and relationship with neighbouring residential properties particularly
towards the West of the site where residents in neighbouring Hollies Road and Windmill Court will
now look towards open parking and amenity space rather than a further block of flats.

Design, Scale and Siting

Unitary Development Plan Policies 4.1 and 5.5 require that residential development is of high
quality design that relates well to its setting and respects the character of the area. The
proposed buildings is of a similar modest and traditional design to neighbouring properties. The
new development will incorporate a pitched roof not dissimilar from that of Pickering House and
Laurel House for the majority of the roof and porches above the main entrance doors. It is
intended to use a brick finish on the lower ground floor of the building and render on the upper
floors. The materials also reflect those used in the neighbouring development of Windmill Court.
The surrounding residential area is a mixture of designs styles and materials and there is no
objection to the design approach per se.

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                                                                         Schedule Item: 05
The previous proposals represented two relatively substantial buildings of relatively large
footprints and were considered to be of an inappropriate scale for this backland site. Although
the single block is now three-storey the building is to be set into the site to reduce its perceived
height. The central section of the roof will also have a flat section which will also improve the
bulk and massing of the building in relation to its neighbours.

This proposal now would create a single building only and would result in more open space
being provided to the rear of Pickering House and immediately at the back of the properties
that face Hollies Road. The building has been moved further to the South than was previously
the case and now stands immediately adjacent the Listed wall of the school. The separation
distance between the proposed development and Pickering House has therefore been
marginally improved from the previous refused proposal as the building now stands some 12
metres distant (previously 10 metres) from the south wall of Pickering House and the windows
within this property which serve habitable rooms. The use of a white colour render on the upper
floors of the new development is welcomed at it will improve the outlook for the occupiers of the
flats in Pickering House which will still be looking towards the development. The use of white
render is considered to improve the appearance of the single building and lighten the outlook
from neighbouring windows. Overall it is considered that the combination of a further, albeit
relatively small resiting away from Pickering House together with the substantial reduction in
the level of building now proposed on the site overall will improve the relationship with
Pickering House and reduce the overbearing relationship which was cited as a refusal reason
previously.

The premises to be most affected by the development will be the school. The wall is a
dominant feature of the site, and unlike the previous submission when the development was
set a minimal distance off the wall to try and create a setting for this listed structure the
development now sits immediately adjacent to it. Although this siting diminishes the
appearance of the wall the advantage the close proximity to the wall affords is a better
relationship with Pickering House, which is to be welcomed. Once again no details have been
submitted with respect to the impact of the development upon the stability of the wall although
it would be anticipated the structure could be protected if sound engineering methods were
undertaken in this regard. English Heritage have been consulted and have not made any
comments in connection with the relocation adjacent to this Listed structure.

Should Committee consider the development to be acceptable, it is recommended that a
robust condition be imposed to require a structural report be submitted as to how the Listed
wall will be retained and undisturbed during construction. This detail would need to be cleared
before any other works. including site excavation in relation to the proposed change in levels,
can commence on site. With such a condition in place, although the exposure of the wall will
be curtailed its long-term retention should be ensured. The part of the school building closest
to the wall is a series of later extensions not as architecturally attractive as the main West and
East elevations of the Listed Building. The number of windows, on this north elevation of the
school, are also limited such that the new block will have limited impact upon the setting of
Listed Building or the occupiers of the school.

The single block will be located towards the part of the site closest to three storey
developments in the locality; Pickering House and Laurel House, and unlike previously refused
schemes, no building will now be located between Pickering House and properties fronting
Hollies Road, which are two storey terrace dwellings with relatively short rear gardens. The
single building, rather than two buildings, would be more sympathetic to adjoining properties and
detract less from the spacious character to the rear of neighbouring properties within the
surrounding area.

Table 5F of policy 5.5 of the UDP requires that buildings on backland sites are limited to 2
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                                                                          Schedule Item: 05
storey scale. The excavation and lowering of the building into the site will result in the building
having the effective height of a two storey building when viewed in relation to neighbouring
three storey development As a result of the development now being within a single building
there is more space around the site and to the rear of the gardens of the Hollies Road
properties and Windmill Court.

The proposed single building overall is considered to be more sympathetic to the restrictive nature
of this backland site and as a result of its location adjacent to the south wall alongside the school
to be less overbearing in respect to the rear windows of Pickering House and gardens of
neighbouring properties. Accordingly, the proposal by virtue of its siting, design and scale is now
on balance considered to be acceptable and there is no conflict to UDP policies 4.1 and 5.5.

Residential Density

Proposals for housing on backland sites should have regard to Table 5F of policy 5.5, which
establishes a maximum density of 150 Hr/Ha based on a net site area that excludes any
access roads. Whilst the application site has an area in excess of 2,500m², the site area of the
proposed backland development for the purposes of calculating residential density is
approximately 1237m². A total of 6 residential units (6 x 2 bed) are proposed, comprising of 18
habitable rooms. This equates to a density of 48 units/Ha or 145 Hr/Ha.

The proposal is therefore within the density in the UDP guidance. Whilst density alone should
not be used as a means to determine the acceptability or otherwise of a development, it
provides a reasonable guide to facilitate the efficient use of land compatible with the local
context. The reduction in the number of units in this proposal and their location within a single
building results in a quantum and intensity of development which no longer represents an over-
development of the site. The proposal would be generally in compliance with UDP policies 4.1
and 5.5 in this regard.

Impact on Residential Amenities of Adjoining Properties

UDP Policies 4.1 and 5.5 seek to minimise the potential impacts of new development in terms of
visual intrusion, the effect on natural light into neighbouring buildings and on the privacy of
neighbouring occupiers.

To the South, the neighbouring property most affected by the new development is the Listed
school. It is proposed to introduce high level windows and rooflights in the South elevation
which will light kitchens and bathrooms of the flats. Conditions can be attached to secure that
these windows are obscure glazed which will ensure the future occupiers of the flats have a
reasonable level of internal light and to protect the amenity of the occupants of the school,
albeit that the number of windows on the North elevation of the school are limited.

The new building will not now protrude into the site at the rear of neighbouring houses that face
Hollies Road and as a result there will be no direct impact upon the residential houses which
lie to the South. The properties that front Hollies Road have rear gardens that back onto the
site. The nearest habitable room windows within these properties appear to be a minimum of
10 metres from the application site. Any overlooking from West facing windows in the new
building would be obtuse due to the siting of the blocks at right angles to the Hollies Road
gardens and loss of privacy to these properties would not therefore be unacceptable. The roof
has been designed to slope away from the school and the residential houses in Hollies Road and
is flat in the central section that will reduce the bulk and massing of the roofscape when viewed
from neighbours to the South. A condition could be added to any approval that the flat roof of the
new development is a Green Roof to afford a more pleasing outlook from Pickering House. The
proposal will not appear unneighbourily as a result.
Page 14 of 24
                                                                       Schedule Item: 05
To the East, the windows of the new building would overlook Laurel House located some 21
metres distant, which is occupied by a mix of residential and commercial uses. Given that the
proposed windows would face directly onto the car park at the rear of this property, the
proposal would not have any undue amenity impacts. To the west, the windows of the
development would be more than 42 metres from Windmill Court. It is not considered there will
be any undue overlooking of Windmill Court as a result. The nearest neighbouring properties in
Windmill Court have bedroom windows looking towards the new building that are obscure
glazed.

The proposed buildings would be sited marginally further away from the back of Pickering
House at 12 metres. There are five windows proposed in the North elevation of the new
building looking towards Pickering House. The closest windows would serve bathrooms and
would be obscure glazed. The other windows one of which is a roof light are to light kitchens,
Due to a staggered building line in the new building, these windows will be 14 metres from the
rear wall of Pickering House, and to protect the amenity of neighbouring properties a condition
can be added to any approval to ensure the bottom sections of these kitchen windows are
obscure glazed. The marginal improvement in this location combined with the use of white
render on the upper floor elevation should help to reduce the impact of the building. The
proposal is now for a single building rather than for two so overall there is more space afforded
at the rear of Pickering House as rather than looking towards a second building in close
proximity the vast majority of the flats will now look out over an open play area/amenity space
and car parking which according to the history of the site appears to have been the historic use
of the site originally. The amenity of existing occupiers in properties surrounding the
development site is therefore generally improved, from that of previously refused proposals
and should not be unduly affected.


Amenity of Future Occupants

The table below outlines the size of the proposed residential units, the occupancy level and the
minimum floor area requirement as specified in SPG14: Indoor Living Space for New Dwellings
and Conversions.



 Unit Type No of bed        Number of occupants Proposed Floor Area               SPG Standard
                            (based on bedroom
                            size)
 Flat 1           2 bed     3 person            59.5m2                            56.6m2

 Flat 2            2 bed    4 person                   73.5m2                     69.6m2

 Flat 3            2 bed    3 person                   60m2                       56.6m2

 Flat 4            2 bed    4 person                   71.5m2                     69.6m2

 Flat 5            2 bed    3 person                   60m2                       56.6m2

 Flat 6            2 bed    4 person                   71.5m2                     69.6m2



The proposed internal floor areas comply with the SPG standards.
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                                                                         Schedule Item: 05
The bedroom windows of the two proposed lower ground floor flats will look towards the
ramped footpaths that will provide access to the building on the east elevation. To protect the
amenity of the future occupiers of the proposed flats an element of defensive quick growing but
easily maintained, planting should be provided within the amenity space outside these
windows.

The siting of the proposed refuse stores in close proximity to the ground floor living
room/bedroom windows of the existing flats in Pickering House remains problematic. The
refuse stores have to be located close to the private drives and footpath to allow easy access
and a short carry distance for the refuse collectors but this location could offer a poor outlook
for existing occupiers in Pickering House. The use of the refuse and cycle stores, which are of
adequate size to serve both the existing and proposed flats, could also give rise to noise and
disturbance for the occupiers of the new flats and for those occupiers in Pickering House
closest to these spaces as a result of persons using the facilities. The scheme has however
reduced the number of units now proposed in a single building that has the advantage of a
commensurate reduction in the amount of servicing required for the whole site. Providing the
refuse storage area is adequately screened with fencing and substantial planting it is
considered on balance this element of the proposal is now be acceptable.

On balance, it is considered that the proposed development would not overall have an
unacceptably harmful effect on the amenity of future occupants of the development, contrary to
UDP policies 4.1 and 5.5.

Amenity Space

Proposals for residential development should provide adequate amenity space for the use and
enjoyment of future occupants of the development. The layout and aspect of amenity space
should ensure that such space is usable and achieves satisfactory daylight and sunlight. UDP
policy 5.5, Table 5D ‘Residential Garden Space’ refers to the requirement to provide a
minimum of 75m² of garden space for a larger house or group of up to 5 flats. In addition,
Supplementary Planning Guidance 13 provides policy support for communal gardens as an
alternative to individual gardens. In this regard, a communal garden with a minimum area of
75m² for up to 5 units and 15m² for each additional unit may be provided. The total number of
units on site equates to 24; 18 in Pickering House and 6 in the new flats. In total 360 sq metres
of amenity space is required. In the previously refused schemes due to the provision of two
buildings on site and the provision of small overshadowed and cramped space around the
buildings the amenity space was poorly designed unusable and unacceptable. Due to the
reduction in the number of the buildings now proposed on site to a single block the required
amount of amenity space is more readily achievable and becomes a more cohesive and
attractive usable space in the centre of the site.

It is essential that a condition be attached to any approval to ensure that this space is available
for use of both the new flats and the residents of Pickering House thus returning, at least in
part, an amenity space provision to the occupiers of Pickering House, which was lost when the
development site was created and the land was fenced off.

In addition, individual gardens are provided for the ground floor flats of Pickering House and
the ground floor flats in the new building. Currently it is proposed to enclose these areas in
timber paling fencing. In order to create a feeling of openness within this rear site it is
recommended that open railings rather than paling timber fencing, similar to that proposed on
the West and East boundaries, is pursued with defensive planting behind. This type of railing
will be visually more pleasing and will create less of a maintenance problem than timber
fencing. It will also have the benefit of allowing surveillance of the footpaths and the amenity
Page 16 of 24
                                                                        Schedule Item: 05
area and will provide a cohesive and consistent appearance to the whole site.

Car Parking, Access and Traffic

UDP policy 9.1, Table 1 ‘Parking Requirements’ envisages no more than 1 on-site car parking
space for each residential unit, including parking for disabled users at a rate of 1 disabled
space per 10 units.

As this site is located within a CPZ Transportation in this instance can accepted no parking
provision subject to a Section 106 Legal Agreement that the future occupiers of the six flats
would be prevented from obtaining parking permits. However the applicants have requested
that the development be supported by six spaces, two of which will be for disabled parking.
Transportation do not feel this proposal is objectionable but requests the occupiers of the
development should not be able to purchase residents parking permits and require a legal
agreement to this effect.

The parking on the site frontage will be retained for the sole use of the occupants of Pickering
House and will have a barrier on the West and East entrances to control unauthorised parking
by other parties.

The parking on the frontage of Pickering House already exists. The frontage to Pickering
House is as a result of the parking and hard surfacing unattractive in the street scene.
Conditional consent should pursue planting proposals in this part of the site and in addition a
contribution is sought through a Legal Agreement to ensure additional tree planting is
undertaken within the street to improve the setting of the building.

Neighbours have objected to noise and disturbance from parking in the rear of Pickering
House as a result of introducing 6 parking spaces in this location. However it appears from
records and neighbours evidence that the site at the rear of Pickering House has been used for
parking in the recent past. The drive to the side of Windmill Court also serves a court of 4
garages and the marginal increase in traffic movement is unlikely to so significantly increase
noise and disturbance so as to warrant a refusal. It is not therefore considered refusal on the
grounds of noise and disturbance can be substantiated.

The proposal is not considered to conflict to UDP policies 4.3, 9.1, 9.5 and 9.9.

In terms of cycle parking, UDP minimum standards require one space per 1.5 dwellings. This
has been provided located adjacent to the north elevation of the new building. The design of
the enclosure can be secured through appropriate condition.

Accessibility

UDP policy 5.3 and SPG 7: Accessible Ealing, envisage that all new residential units be
consistent with Lifetime Homes. The proposal should also provide a minimum of one parking
space for disabled users.

The access officer considers the proposal complies with Lifetime Homes standards to meet the
needs of people with disabilities. The proposal meets the requirements of UDP policy 4.3 and
5.3 and SPG 7: Accessible Ealing.

Refuse

A refuse store would be provided at each end of the site to serve both Pickering House and the
new flats in the form of a timber fenced enclosure that would be covered and would allow for
Page 17 of 24
                                                                          Schedule Item: 05
planting. The Environmental Health Refuse Officer raises no objection to these proposals. The
location is not ideal in terms of its proximity to Pickering House but is the only practical solution
to allow for these facilities to be close to the existing points of access into the site. On balance,
given the reduction in the number of units which will have a marginal commensurate reduction
in the size of the refuse facility now proposed, the proposal overall is acceptable in this regard.

Sustainability

The applicant has submitted a ‘sustainability checklist’ in accordance with SPG 1, which
indicates a score of 64 (a score of 50 is generally considered acceptable).



Conclusion

Overall the current proposal represents an improvement upon the previously refused and
withdrawn schemes. In the reduction in the number of residential units from the most recent refusal
from eight to six and a reduction in the number of buildings on the site down from two to one, there
is an improvement to the provision of amenity space and relationship with neighbouring residential
properties particularly towards the West of the site where the development will have limited impact
upon residents in neighbouring Hollies Road and Windmill Court who will now look towards open
parking and amenity space rather than a further block of flats. The level of development within this
backland site has been reduced to a level where the majority of areas of previous concerns;
unacceptable impact on neighbouring properties, lack of usable amenity space, unsatisfactory
layout and scale and massing of two buildings within a restricted site have been successfully
addressed. This reduced proposal is now considered overall to be acceptable, and to accord with
policies of the Unitary Development Plan.


Human Rights Act:

In making your decision, you should be aware of and take into account any implications that may
arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as the
London Borough of Ealing to act in a manner, which is incompatible with the European Convention
on Human Rights.

Approval You are referred specifically to Article 8 (right to respect for private and family life), Article
1 of the First Protocol (protection of property). It is not considered that the recommendation for
approval of the grant of permission in this case interferes with local residents’ right to respect for
their private and family life, home and correspondence, except insofar as it is necessary to protect
the rights and freedoms of others (in this case, the rights of the applicant). The Council is also
permitted to control the use of property in accordance with the general interest and the
recommendation for approval is considered to be a proportionate response to the submitted
application based on the considerations set out in this report.




Page 18 of 24
                                                                      Schedule Item: 05
Recommendation:
Grant subject to the prior completion of an appropriate legal agreement to secure :
1. The restriction of parking permits for the residents of the development within the local controlled
parking zones.


2. A maintenance agreement for amenity and play area


3. A contribution for education to support local schools


4. A contribution of £24,000 for improvements to the public realm which may include street tree
planting outside Pickering House


5 The Council’s reasonable costs for the preparation and execution of an Agreement.

Conditions/Reasons:

Time Limit 3 years - Full Permission

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

REASON: In order to comply with the provisions of the Town and Country Planning Act
1990 (as amended).

Samples of Materials

2.     Samples of the materials to be used for the external surfaces of the development shall
be submitted to and approved in writing by the Local Planning Authority before any part of the
development is commenced, and this condition shall apply notwithstanding any indications as
to these matters which have been given in this application. Development shall be carried out
in accordance with these approved details.

REASON: To ensure that the materials harmonise with the surroundings in accordance
with Policy 4.1 of the adopted Ealing Unitary Development Plan "Plan for the
Environment"(2004).

Details of Landscaping

3.      No development shall take place until full details of both hard and soft landscape
works, including a phased programme of works, have been submitted to and approved in
writing by the Local Planning Authority and these works shall be carried out as approved
prior to the occupation of any part of the development or in accordance with the programme
agreed by theLocal Planning Authority. Any trees or other plants which die or are removed
within the first five years following the implementation of the landscaping scheme shall be
replaced during the next planting season.

REASON: To ensure that the development is landscaped in the interests of the visual
character and appearance of the areaand provides suitable private, usable amenity space
Page 19 of 24
                                                                 Schedule Item: 05
areas for the residents of pickering House and this development in accordance with Policies
4.1 and 4.5 of the adopted Ealing Unitary Development Plan "Plan for the
Environment"(2004), and the provisions of Supplementary Planning Guidance 13 "Garden
Spaces".

Details of Walls and Fences

4.      Notwithstanding any details on the submitted plans no development shall take place
until there has been submitted to and approved in writing by the Local Planning Authority
details indicating the positions, design, materials and height type of boundary gates and
railings to be erected around the amenity spaces and private gardens to serve the lower
ground floor flats in the new development and the ground floor flats in Pickering House and
on the West and East boundaries of the site behind Pickering House. The boundary
treatment shall be completed in accordance with these approved details prior to the
occupation of any of the residential units hereby permitted and so maintained

REASON: To protect the visual appearance of the area and the living conditions of
neighbouring occupiers in accordance with Policies 4.1 and 5.5 of the adopted Ealing Unitary
Development Plan "Plan for the Environment"(2004).

Amenity area for six flats and occupants of Pickering House

5.    The amenity area and children's play area created in the centre of the site shall be for
the use of the occupiers of the six flats and Pickering House.

Reason : To provide future occupiers with a reasonable residential environment          in
accordance with Policies 4.1 and 5.5 of the adopted Ealing Unitary Development Plan "Plan
for the Environment"(2004).

Details of Play Area

6.     Details of the laying out of a children's play area for residents, shown on the submitted
layout plans including the proposed play equipment shall be submitted to and approved in
writing by the Local Planning Authority before any works commence on site and the play area
shall be provided in accordance with the details so approved before any part of the
development is occupied, and retained permanently.

REASON: To ensure satisfactory development and provision of suitable play facilities in
accordance with Policies 3.5 4.1 and 5.5 of the adopted Ealing Unitary Development Plan
"Plan for the Environment"(2004).

Details of Refuse Storage

7.      Details of refuse storage including their fencing enclosures and screen planting shall
be submitted to and approved in writing by the Local Planning Authority. These storage areas
and the screen planting and enclosures shall be completed and shall be available for use
prior to the first occupation of the development permitted and retained permanently.

REASON: To protect the living conditions of occupiers of the area and provide suitable
refuse facilities in accordance with Policies 2.10 4.1 4.5 and 5.5 of the adopted Ealing Unitary
Development Plan "Plan for the Environment"(2004).
Page 20 of 24
                                                                 Schedule Item: 05
Windows fixed and/or obscure glazed

8.     The proposed bathroom and kitchen windows in the South elevation and South roof
slope of the block of 6 new flats hereby approved shall contain only obscure glass. The North
facing windows to light bathrooms on the new building shall be obscure glazed and the
kitchen windows on the North elevation of the new building shall be obscure glazed below a
height of 1.7 metres and the development shall not be carried out otherwise than in
accordance with these details which shall be retained permanently.

REASON: To protect the living conditions of neighbouring properties in accordance with
Policies 4.1 and 5.5 of the adopted Ealing Unitary Development Plan "Plan for the
Environment"(2004).

No Balcony flat roof to be a Green roof

9.     The roof of the new building shall be designed as a Green Roof and no part of the
green roof of the new building shall be used as or altered to form a balcony, roof garden,
roof terrace or similar amenity area.

REASON: To protect and improve the living conditions of occupants of nearby properties in
accordance with Policies 4.1 and 5.5 of the adopted Ealing Unitary Development Plan "Plan
for the Environment"(2004).



Cycle Provision

10.    Before any works commence on site, details of a scheme including design, roofing and
secrity to provide parking for cyclists in accordance with adopted standards shall be submitted
to and approved by the Local Planning Authority, and such details as approved shall be
implemented and brought into use prior to first occupation of any of the residential units , and
retained permanently.

REASON: To provide adequate facilities for cyclists in accordance with Policies 9.1 and 9.6
of the adopted Ealing Unitary Development Plan "Plan for the Environment"(2004).

Parking Retained

11.   The 6 car parking spaces shown on the approved plan shall be marked out on the site
and be available for use prior to first occupation of any part of the development, and these
spaces shall be kept continuously available for car parking and shall not be used for any other
purpose.

REASON: To ensure that there is adequate provision for car parking within the site in
accordance with Policies 9.1 and 9.6 of the adopted Ealing Unitary Development Plan "Plan
for the Environment"(2004).

Barrier on the frontage.

12.   Deatils of a controlled barrier at the West and East entrances to the car parking area at
the entrance to Pickering House shall be submitted to and approved in writing by the Local
Page 21 of 24
                                                                   Schedule Item: 05
Planning Authority and the approved details fully implemented prior to the occupation of any
of the flats within the new building hereby approved.

Reason To ensure there is adequate parking safeguarded for the residents of Pickering
House and in the interests of the free flow of traffic and condition of general highway safety on
neighbouring roads and in the interests of the general and residential amenity of the locality in
accordance with Policies 9.1 and 9.9 of the adopted Ealing Unitary Development Plan "Plan
for the Environment"(2004).

Archaeological investigation

13.   No development shall take place until the applicant has secured the implenetation of a
programmme of archaeological work, in accordance with a written scheme of investigation
which has been suubmitted by the applicant and approved by the Local Planning Authority

Reasonn To safegurd the archaeological interest of the site in accordance with Policy 4.9 of
the adopted Ealing Unitary Development Plan "Plan for the Environment"(2004).

Protection of listed Wall Method Statement

14.    No development including site excavation shall be undertaken until such time as
details of engneering method statement has been submitted to and approved in writing by the
Local Planning Authority outlining the intended protection and stability of the adjacent Listed
wall which must be preserved and retained undamaged during construction and completion
of development. The works shall be carried out strictly in accordance with these details once
approved and shall at all times be overseen by a qualified consultant structural engineer
employed by the applicant and approved by the Local Planning Authority.



Reason To protect this Listed structure in accordance with Policy 4.7 of the adopted Ealing Unitary
Development Plan "Plan for the Environment"(2004).

Informatives
Construction and demolition works, audible beyond the boundary of the site shall only be
carried out between the hours of 0800 and 1800 hours Mondays to Fridays and 0800 and
1300 hours on Saturdays and not at all on Sundays and Public Holidays.

The maximum permitted noise levels are:

- not greater than 72 dB L Aeq.10 hr Mondays to Fridays
- not greater than 72 dB L Aeq.5 hr Saturdays.

Prior to commencement of construction and demolition works, details of noise/vibration and
dust mitigation measures should be submitted to Environmental Health section for approval.

No bonfires should be lit on site.

The LBE Highways Section should be consulted with regard to the provision of wheel washing
equipment for vehicles leaving the site during the demolition and construction phases.
Contact 020-8825 6017.
Page 22 of 24
                                                                Schedule Item: 05
Prior to the commencement of any site works, all sensitive properties surrounding the site
boundary shall be notified in writing of the nature and duration of works to be undertaken, and
the name, address and telephone number of a responsible person, to whom
enquiries/complaints should be directed.

The site lies within an Archaeological Interest Area as defined in the Unitary Development
Plan due to medieval Coldhawe manor and an attendant settlement as well as a general
profile of Prehistoric. Roman and medieval finds in the area The development may, therefore,
affect remains of archaelogical importance.

The development of this site is likely to damage archaeological remains. The applicant should
therefore submit detailed proposals in the form of an archaeological project design. This
design should be in accordance with the appropriate English Hertiage guidelines.




Page 23 of 24
                                                                   Schedule Item: 05
In this instance the applicant shold submit an archaeological desk based assessment for
consideration as soon as possible. This will allow for a more informed opinion to be made of
the need for field evaluation. The assessment should include site photographs and should
incorporate the result of any geotechnical surveys that may be available for the site.

Should field evaluation prove necessary and if significant archaeological remains be encountered in
the course of the initial field evaluation an appropriate mitigation strategy which may include
archaeological excavation is likely to be necessary.




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