plan_dept_ladywell_water_tower_170403

Document Sample
plan_dept_ladywell_water_tower_170403 Powered By Docstoc
					                                         - 48 -
Committee        PLANNING COMMITTEE - LEWISHAM DEPTFORD                                    Item
                                                                                           No. 7

Report Title     LADYWELL WATER TOWER AND ADJACENT RESIDENTIAL BUILDING,
                 DRESSINGTON AVENUE, SE4
Ward             Ladywell
Contributors     Pete Smith/Geoff Whitington
Class            PART 1                          Date 17 APRIL 2003

    Reg. Nos.                           (A)        LBC DC/02/50956, 50956A & 50956B
                                        (B)        TP DC/02/50957, 50957A & 50957B

                                        (C)        LBC DC/02/51071 & 51071A
                                        (D)        TP DC/02/51072 & 51072A

    Applications dated                  (A)        15.3.02 revised 25.3.02 & 28.5.02
                                        (B)        15.3.02 revised 25.3.02 & 28.5.02
                                        (C)        15.3.02 revised 28.5.02
                                        (D)        15.3.02 revised 28.5.02

    Applicants                          (A) & (B) James Barr Consultants Ltd on
                                                  behalf of Hutchison 3G UK Ltd

                                        (C) & (D) James Barr Consultants Ltd on
                                                  behalf of Vodafone Ltd

    Proposals                            (A) & (B) Listed Building Consent and
                                                   planning permission for alterations
                                                   and the installation of a radio base
                                                   station incorporating 1 H3G panel
                                                   antenna and a H3G dish antenna
                                                   on the Ladywell Water Tower,
                                                   Dressington Avenue SE4 and
                                                   alterations and the installation of 2
                                                   H3G       panel    antennas      and
                                                   associated equipment on the
                                                   adjacent residential building.

                                        (C) & (D) Listed Building Consent and
                                                  planning permission for alterations
                                                  and the installation of six antennas
                                                  and equipment cabin on the
                                                  Ladywell        Water         Tower,
                                                  Dressington Avenue SE4.

    Applicants Plan Nos.                (A) & (B) 00192292-110C, 111C, 213B,
                                                  216B, 217B, U227 Edition 1 Sheet
                                                  1/1 and Supporting Statements

                                        (C) & (D) 33252/364/029/001, 002, 003D,
                                                  004D, 005B, 006A, 007A, 022 &
                                                  Supporting Statements
Reg.Nos. 02/50956 & A/B; 50957 & A/B;            - 50 -
02/51071& A and 02/51072 & A (cont’d)

  Background Papers                              (1)      Case File LE/837/B2/TP
                                                 (2)      Adopted Unitary Development Plan
                                                 (3)      Revised Deposit Draft UDP
                                                 (4)      PPG8: Telecommunications
                                                 (5)      PPG15: Planning and the Historic
                                                          Environment

  Zoning                                         Adopted UDP - Existing Use
                                                 Revised UDP - Existing Use

  CONSULTATIONS AND REPLIES ON ALL APPLICATIONS

  English Heritage                               English Heritage has confirmed that these
                                                 classes of listed building application can be
                                                 determined by the Council under agreed
                                                 delegated arrangements.

  Neighbours & Local Amenity Societies etc

  Ladywell Society
  Ladywell Early Years Centre, Ladywell Centre, Dressington Avenue
  Ladywell Lodge 139-141, 2-20, 1-43, 1-10 Ladywell Water Tower Dressington Avenue
  1-15, Alexander Nursing Home 21, 2-28 Rushey Mead
  68, 70 & A, LF UF 72, 74-100, 85-123 Chudleigh Road
  42-62, 31-101 Foxborough Gardens
  Gordonbrock Primary School, Gordonbrock Road
  Notice on Site and Press Notice

  The Ladywell Society has made the following comments to the applications as follows:-

  Applications for Listed Building Consent (A) and (C)

  “As the only antennas visible are enclosed in a flag mast and all the others are within the
  tower itself, we have no objections on the visual aspects of these applications.”

  Applications for Town Planning (B) and (D)

  “The local opposition when residents became aware that mobile phone masts were
  planning for the Water Tower was very strong and if there is strong feeling against them,
  more public consultation is needed in addition to the information session by Vodafone and
  Hutchison 3G, the two applicants on 11 April. The information on the levels of radiation
  given by both companies states that the radiation is lower than the EU recommended
  maximum levels. However, if London Borough of Lewisham decides to grant these
  applications, they should firstly check that these statements are accurate. Secondly, once
  the masts have been installed, is it policy for London Borough of Lewisham to do this and
  does it have all the resources - technical, financial and staffing - to do so? Also, is there a
  cumulative effect from all the masts in the area, and if so, what are the health and safety
  implications and will the radiation levels still remain within the EU standards?”

  61 letters and e-mails of objection including one anonymous have been received from 13
  & 42 Amyruth Road, 36 & 50 Arthurdon Road, 78 Bankhurst Road, 55 & 87 Bexhill Road,
  150 Brockley Grove, 13, 86, 91, 94,105, 113, 114, 117, 139, 145 & 147Chudleigh Road,
Reg.Nos. 02/50956 & A/B; 50957 & A/B;            - 51 -
02/51071& A and 02/51072 & A (cont’d)

  95 Crofton Park Road, 8 & 55 Dressington Avenue, 11 Elsiemaud Road, 68 Ewhurst
  Road, 26, 31, 39, 43, 54, 57, 65 &, 68 Foxborough Gardens, 14 & 46 Francemary Road,
  39 Gordonbrock Road, 4 Henryson Road, 31 Horsmonden Road, 166 Ladywell Road,
  Lewisham Hospital, 9 Lindal Road, 65, 88 & 250 Malyons Road, 21a & 72 Merritt Road,
  21 Peppermead Square, 16 Phoebeth Road, 11 & 15 Rusheymead, 19 Salehurst Road,
  60 & 73 Silvermere Road and 1 Vicars Hill.

  353 standard letters (individually signed) have also been received. A full list of names and
  addresses of the objectors is attached as an appendix.

  The main grounds of objection are as follows:-

  (1)     The installations are unnecessary with the telecommunication operators failing to
          demonstrate demand for the service in the area.

  (2)     Unsuitable location due to the close proximity of residential dwellings, schools,
          Lewisham Hospital and a day care centre.

  (3)     Potential health risk as a consequence of the installation.

  (4)     Detrimental impact on local property prices.

  (5)     The installation will be detrimental to the character and appearance of the listed
          building.

  (Letters are available to Members)

  Amenity Societies’ Panel

  Applications (A) and (B)

  Request further details of the antenna in/behind the window to main tower. The Panel
  suggested a Borough-wide strategy on telecommunications.

  Applications (C) and (D)

  Object on grounds of visual harm to the Listed Building due to the associated disfigurement
  of the existing tower detail.

  Environmental Health

  Environmental Health considers the installation to be unobjectionable in principle, subject
  to the installation being in conformity to standards adopted by the Radiological Protection
  Board and the International Commission Non-Ionising Protection Guidelines (ICNIRP) on
  limiting exposure to electromagnetic radiation, or such higher standards as may be
  approved by the Government and policed by the Health and Safety Executive.

  No noise or vibration nuisance to be caused by the plant and machinery to local residents.
Reg.Nos. 02/50956 & A/B; 50957 & A/B;            - 52 -
02/51071& A and 02/51072 & A (cont’d)

OBSERVATIONS

Previous Deferral

Consideration of these applications for planning permission and listed building consent
was deferred at the Lewisham Deptford Planning Committee on 6 March 2003. Members
required the applicants to undertake a more thorough search of the area for alternative
locations for mast installation and/or mast sharing. These issues are appropriately
highlighted elsewhere in this report.

Property/Site Description

Ladywell Water Tower is a Grade II listed building situated on the west side of Dressington
Avenue, approximately 50 metres to the south of its junction with Chudleigh Road. To the
west are the rear gardens of residential properties fronting Foxborough Gardens and to the
north are the rear gardens of residential properties fronting Chudleigh Road.

The listed building was refurbished during the late 1990’s (which also involved the erection
of a two storey block of flats with a walkway link to the tower structure). The site is currently
in residential use (6 one bed flats). The ground and first floor of the tower itself is currently
in use as a 1 bed maisonette. The upper floors of the tower are currently unused. The
tower is approximately 31 metres in height and is a landmark building, dominating the
skyline.

The surrounding area is predominantly residential in character, comprising a mixture of two
storey terraces and semi-detached properties. Gordonbrock School is situated
approximately 250 metres to the north and the Alexander Nursing Home is situated
approximately 90 metres to the east.

Planning History

In November 1980, planning permission was granted for the alteration and conversion of
the tower to provide a craft workshop, studio and residential accommodation. This
development was not commenced.

In 1981, planning permission was granted for the demolition of the structure and the laying
out of the site as amenity space for the adjacent Ladywell Lodge Housing Site.

In 1987, planning permission was granted to convert the tower to provide 3 maisonettes
and two studio units with access off Foxborough Gardens. This permission was not
implemented.

In September 1990, planning permission was refused for the alterations and conversion of
the lower part of the tower, together with the erection of a 4 storey building adjacent to the
tower to provide 2 two bed and 12 one bed flats with associated car parking.

The building was listed in November 1990.

In 1993 planning permission and listed building consent were granted for the conversion of
the tower structure to provide a 1 bed maisonette (ground and first floor) with office and
plant rooms above, the construction of an aerial mast on the roof and the erection of a 2
storey building and link bridge to provide 4 one bed flats along with the provision of 6 car
parking spaces with access off Dressington Avenue.
Reg.Nos. 02/50956 & A/B; 50957 & A/B;           - 53 -
02/51071& A and 02/51072 & A (cont’d)


These grants of planning permission and listed building consent were renewed in December
1998.

In April 2001, planning permission and listed building consent were granted for an almost
identical form of development to that previously granted, but with an additional flat within the
roof void of the proposed two storey block. Apart from the installation of the approved lattice
aerial mast (to be sited on the roof of the tower) this development has been completed with
all residential units occupied.

Present Applications

Applications (A) and (B)

These applications propose the installation of 3 panel antennas and one dish antenna. Two
of the panel antennas would be sited on top of the four-storey staircase tower (forming part
of the recently completed residential block adjacent to the listed building). These two
antennas would project 1.3 metres above the peak of the roof (approximately 16 metres
above ground level). The antenna would have the appearance of a small flagpole emerging
out of the roof structure. Cabling would be channelled into the Water Tower structure (4th
floor) where equipment/plant would be located.

The other panel antenna and dish antenna would be sited within the listed building itself
(fourth floor level). It is proposed to replicate the existing fourth floor south east facing
window with a GRP shroud which would be designed to replicate the existing window
detailing to match the original window appearance. The dish and panel antennas would be
positioned within the building, behind the proposed replacement window.

Submitted as part of the planning application is a declaration that the proposed installation
has been designed in full compliance with the requirements of radio frequency (RF) public
exposure guidelines (ICNIRP).

The applicant has recently appealed to the Secretary of State against the failure of the
Council to determine the applications within the statutory eight-week period. As a
consequence, whilst the Council is in no position to determine the applications, it is
necessary for the Council to establish its position as regards the proposals.

Hutchison 3G have recently submitted applications for planning permission and listed
building consent for an identical installation to that, the subject of the recently submitted
appeals against non determination. Residents have been consulted on these duplicate
applications.

Applications (C) and (D)

These applications propose the installation of 6 antennas, to be located within the dormer
windows located at roof level of the listed building. All four windows would be utilised with
two antennas installed on the north east face; two antennas installed on the south east face;
one antenna on the south west face and one other installed on the north west face. The
existing window panels would be removed and the antenna would be fixed to supporting
poles located within the water tower. It is proposed to conceal the antenna from view by
Reg.Nos. 02/50956 & A/B; 50957 & A/B;         - 54 -
02/51071& A and 02/51072 & A (cont’d)

using GRP shrouds, which would be fixed to the inside of the window frames. The shrouds
would project 0.3 metres beyond the window but would replicate the design of the original
window opening. Plant and equipment would be accommodated at third floor level.

The applicant (Vodafone) has confirmed that the installation would comply with the ICNIRP
Public Exposure Guidelines.

Vodafone has recently submitted duplicate applications for listed building consent and
planning permission. Residents have also been consulted on these duplicate applications.

Investigation of Alternative Sites

The applicants’ agent has submitted evidence as to the level of investigation undertaken
within the Ladywell area, which confirms that several sites were investigated prior to the
nomination of Ladywell Water Tower. The letter argues that the predominance of two storey
properties limits the scope for roof top installations.

The applicant has confirmed that they considered the suitability of Adhesive Specialities
59 Ladywell Road, 87-89 Ladywell Road, Ladywell Tavern and Masons Restaurant
Ladywell Road. All these sites were discounted, as they are all situated in a low lying part
of Ladywell and would not provide sufficient coverage. The applicants concluded that the
only option for them would have been the erection of a monopole, which was discounted
on grounds of visual amenity.

The applicants also considered Catford Dogs Stadium but have confirmed that this would
not provide sufficient coverage towards the Crofton Park area. They have argued that
additional sites would be needed to meet this shortfall which would lead to a proliferation
of base stations.

They have also confirmed that other sites have included Lewisham University Hospital,
Wearside Service Centre Wearside Road, 15 Whitburn Road, Ladywell Station, The
Brockley Jack, St Hilda’s Church and the Catholic Bookshop (296 Brockley Road). In all
these cases, the applicants have confirmed that telecommunications coverage would not
be sufficient within the target area, which would place further pressure for additional
antenna installations within the Ladywell Area.

Policy Context

Central Government Guidance

Central Government Guidance governing telecommunications development is contained
within PPG8, which was published in August 2001. The Government’s policy is to facilitate
the growth of new and existing telecommunications systems whilst keeping the
environmental impact to a minimum. The Guidance also confirms that the Government has
a responsibility for protecting public health.

In order to minimise visual intrusion, the Government attaches considerable importance to
keeping down the numbers of masts and the sharing of masts is strongly encouraged. It
stresses however that authorities need to consider the cumulative impact upon the
environment.
Reg.Nos. 02/50956 & A/B; 50957 & A/B;          - 55 -
02/51071& A and 02/51072 & A (cont’d)


The Guidance stresses that authorities and operators should use sympathetic design and
camouflage to minimise the impact of the installation (the use of screening and planting).

The Guidance confirms that health impact represents, in principle, a material planning
consideration. However, the Guidance states that it is the Government’s firm view that the
planning system is not the place for determining health safeguards. In the Government’s
view, if a proposed mobile base station meets the ICNIRP guidelines, it should not be
necessary for a local planning authority, in processing an application for planning
permission to consider further the health aspects and concerns.

The Supporting Guidance refers to the general precautionary approach to such
development (advocated by the Stewart Report) but states that local planning authorities
should not implement their own precautionary policies (by way of imposing a ban or
moratorium on new telecommunications development).

The Supporting Guidance (attached to PPG 8) covers installations on listed buildings and
refers to PPG 15 “Planning and the Historic Environment” which provides guidance as to
the most appropriate approaches to listed building applications.

Adopted Unitary Development Plan

Policy BLT.ENV 8 confirms that in making decisions on telecommunications development,
the Council will need to be satisfied (inter alia) that the siting and external appearance of
apparatus has been designed to minimise the impact of such apparatus and that the
installation has been sited so as to minimise its effect on the external appearance of the
building.

Policy BLT.ENV 13 seeks to preserve and enhance listed buildings in the Borough and will
only grant consent for alterations to listed buildings which relate sensitively in terms of
materials, style and craftsmanship to the important characteristics (both internal and
external) of the original building.

Revised Deposit Draft Unitary Development Plan

Policy URB 10 confirms that telecommunications equipment should be designed and
sited where they will have the least detrimental impact (especially in the case of listed
buildings and sites within conservation areas). Before providing free-standing masts, a
statement should be submitted providing evidence as to why an antenna could not be
sited on an existing building. In the case of mast sharing, a statement should be made as
to whether additional apparatus could be accommodated.

Policy URB 17 deals with listed building works and states that the Council will only grant
consent for alterations to listed buildings which relate sensitively in terms of materials,
style and craftsmanship to the important characteristics (both internal and external) of the
original building.

Planning Considerations

These applications need to be viewed in the light of the Government’s policy to facilitate
new and existing forms of telecommunications whilst keeping the environmental impact
Reg.Nos. 02/50956 & A/B; 50957 & A/B;           - 56 -
02/51071& A and 02/51072 & A (cont’d)

to a minimum. The planning considerations in this particular situation relate therefore to the
impact of the telecommunications installation on the character and appearance of the listed
building and an assessment of public health issues.

Site Search and Opportunities for Mast Sharing

Prior to identifying the Ladywell Water Tower as a suitable site for telecommunications,
both applicants undertook a site search for alternative locations. The applicants most
recent evidence further clarifies the position and as a consequence and subject to the
installations being acceptable in listed building terms, officers are satisfied that the
Ladywell Water Tower is the best option to ensure coverage within the target area. PPG 8
and the adopted and emerging development plans encourage telecommunications
systems operators to site installations on existing buildings, rather than on free-standing
masts and this general approach should be welcomed in principle.

Impact on the Listed Building

Both proposed installations have taken account of the important features of the listed
building and the requirement to conceal and camouflage the proposed installations.

In the case of the Hutchison 3G applications (Apps A and B), the roof top pole would give
the appearance of a slim flagpole-like structure. The high-level cable trunking (linking the
installation to the cabinet room within the listed building) would also appear appropriate to
the general industrial appearance of the water tower. The proposed window replacement
would be sensitively designed. As the window would be positioned at fourth floor level, the
adaptation would be barely perceptible. The antenna behind the GRP shroud would not be
visible and as a consequence, would not harm the architectural integrity of the building.

In the case of the Vodafone applications (Apps C and D), whilst the GRP shrouds would
project beyond the dormer window openings, the structures would maintain the existing
window proportions. In view of the overall size and visual presence of the tower, these
minor changes would also have minimal impact on the architectural integrity of the listed
building.

Both the cambered window openings and the gabled dormers with semi-circular openings
are mentioned in the detailed listing description. However, officers are satisfied that the
replacement window feature and the dormer window shrouds would not significantly
despoil the architectural integrity of the listed building.

Health Impacts

Many of the third parties have raised concerns over the potential health impacts of the
proposed installations. This report has fully clarified the level of consideration to be
afforded to such issues. In view of the installations’ compliance with the ICNIRP guidelines
for public exposure and irrespective of any fear of health impacts, it is clear that refusal of
planning permission in respect of these two proposed installations could not be sustained.

The owner of the Ladywell Water Tower is still in a position to fully implement the previous
2001 grant of planning permission and listed building consent and erect the previously
approved aerial mast. However, Members are reminded that aerials installed on this
structure would require planning permission and listed building consent. Furthermore, it is
important to note that the April 2001 grant of planning permission/listed building consent
Reg.Nos. 02/50956 & A/B; 50957 & A/B;           - 57 -
02/51071& A and 02/51072 & A (cont’d)

pre-dated PPG 8 which requires telecommunication system operators to consider
alternatives to more visible mast installations (especially in the case of listed buildings and
sites within conservation areas).

Consultations

Residents concerns have been considered elsewhere in this report. There has been some
concern from residents regarding the impact of the proposed installation on general
property prices. However, PPG 8 confirms that the material question is not whether a
particular development would cause financial loss to owners and occupiers but whether the
proposal would have a detrimental affect on the locality generally and on the amenities to
be protected.

Conclusion

The applicants have worked hard to screen and camouflage the proposed installations and
officers are satisfied that the architectural integrity of the listed building would be
maintained. Further evidence has been submitted as regards the unsuitability of alternative
sites. Conditions are recommended to ensure that the detailed alteration works (the
window replacement and the colour of the GRP shrouds) are carried out sensitively.

Whilst it is acknowledged that the potential health impacts are important issues for local
residents, compliance with the ICNIRP Guidelines significantly limits the weight to be
afforded to such considerations.

RECOMMENDATIONS

RECOMMENDATION (A) (i)

To resolve that, had an appeal against non-determination in respect of Application Nos.
DC/02/50956, DC/02/50956A & DC/02/50956B not have been made to the Planning
Inspectorate, the Planning Committee would have GRANTED LISTED BUILDING
CONSENT subject to the following condition:-

Details of the fourth floor replacement window, the colour and texture of the GRP shroud
(incorporated as part of the replacement window) and the cable channelling between the
adjacent two storey building and Ladywell Water Tower shall be submitted to and
approved in writing by the local planning authority prior to the commencement of these
works. These works shall be carried out in full accordance with the approved details and
maintained thereafter.

Reason

To ensure that the works are in keeping with the existing building, to safeguard its special
architectural or historic character and to comply with Policy BLT.ENV 13: Listed Buildings
in the Council’s adopted Unitary Development Plan and URB 17 Preserving Listed
Buildings in the Revised Deposit Draft Unitary Development Plan (August 2001).
Reg.Nos. 02/50956 & A/B; 50957 & A/B;         - 58 -
02/51071& A and 02/51072 & A (cont’d)

RECOMMENDATION (A) (ii)

In the event that the appeal against non-determination is withdrawn in respect of
Application Nos. DC/02/50956, DC/02/50956A & DC/02/50956B, GRANT LISTED
BUILDING CONSENT subject to the condition set out above.

RECOMMENDATION (B) (i)

To resolve that, had an appeal against non-determination in respect of Application Nos.
DC/02/50957, DC/02/50957A & DC/02/50957B not have been made to the Planning
Inspectorate, the Planning Committee would have GRANTED PERMISSION subject to
the following condition:-

Details of the fourth floor replacement window, the colour and texture of the GRP shroud
(incorporated as part of the replacement window) and the cable channelling between the
adjacent two storey building and Ladywell Water Tower shall be submitted to and
approved in writing by the local planning authority prior to the commencement of these
works. These works shall be carried out in full accordance with the approved details and
maintained thereafter.

Reason

To ensure that the works are in keeping with the existing building, to safeguard its special
architectural or historic character and to comply with Policy BLT.ENV 13: Listed Buildings
in the Council’s adopted Unitary Development Plan and URB 17 Preserving Listed
Buildings in the Revised Deposit Draft Unitary Development Plan (August 2001).

RECOMMENDATION (B) (ii)

In the event that the appeal against non-determination is withdrawn in respect of
Application Nos. DC/02/50957, DC/02/50957A & DC/02/50957B, GRANT PERMISSION
subject to the condition set out above.

RECOMMENDATION (C)

GRANT LISTED BUILDING CONSENT in respect of Application Nos. DC/02/51071 &
DC/02/51071A subject to the following condition:-

Details of the colour and texture of the GRP shroud (incorporated as part of the modified
roof top dormer window openings) shall be submitted to and approved in writing by the
local planning authority prior to the commencement of the works. The works shall be
carried out in full accordance with the approved details and maintained thereafter.

Reason

To ensure that the proposed works are in keeping with the listed building, to safeguard
its special architectural or historic character and to comply with Policy BLT.ENV 13:
Listed Buildings in the Council’s adopted Unitary Development Plan and URB 17
Preserving Listed Buildings in the Revised Deposit Draft Unitary Development Plan
(August 2001).
Reg.Nos. 02/50956 & A/B; 50957 & A/B;                        - 59 -
02/51071& A and 02/51072 & A (cont’d)


RECOMMENDATION (D)

GRANT PERMISSION in respect of Application Nos. DC/02/51072 & DC/02/51072A
subject to the following condition:-

Details of the colour and texture of the GRP shroud (incorporated as part of the modified
roof top dormer window openings) shall be submitted to and approved in writing by the
local planning authority prior to the commencement of the works. The works shall be
carried out in full accordance with the approved details and maintained thereafter.

Reason

To ensure that the proposed works are in keeping with the listed building, to safeguard
its special architectural or historic character and to comply with Policy BLT.ENV 13:
Listed Buildings in the Council’s adopted Unitary Development Plan and URB 17
Preserving Listed Buildings in the Revised Deposit Draft Unitary Development Plan
(August 2001).


k:\support\2003comm\11_apr17\ plan_dept_water_tower_170403

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:12
posted:8/13/2011
language:English
pages:11