DEVELOPMENT CONTROL COMMITTEE THURSDAY …...DEVELOPMENT CONTROL COMMITTEE THURSDAY, 30 JANUARY,...

DEVELOPMENT CONTROL COMMITTEE

THURSDAY 30 JANUARY 2014 REPORT BY THE INTERIM

HEAD OF PLANNING & TRANSPORT PLANNING APPLICATIONS

INDEX

ITEM NO

REGISTER NO

ADDRESS DESCRIPTION RECOMMENDATION PAGE NO

Report 304763

A1 13/12264 Development At Thames Side Wharf, Vicarage Road, Kingston Upon Thames

Erection of 97 residential units (36 x 1 bed, 58 x 2 bed, 3 x 3 bed) and 111 sq m of cafe/gallery (Class A3/D1) floorspace provided in two buildings (11 storey and 10 storey) with associated car and cycle parking; Erection of a two storey restaurant building (Class A3) . Formation of new area of public realm and highway alterations.

A4

A2 13/12692

Network Rail Ltd, Kingston Railway Station Wood Street, Kingston upon Thames, Surrey, KT1 1UJ

Details required by Conditions 7 (noise), 8 (lighting) and 10 (site works) for Planning Permission 12/12241/FUL

DISCHARGE A39

13/12817 Network Rail Ltd, Kingston Railway Station Wood Street, Kingston upon Thames, Surrey, KT1 1UJ

Details required by Condition 4 (Landscaping) for Planning Permission 12/12241/FUL relating to the platform extension.

DISCHARGE


THURSDAY 30 JANUARY 2014 REPORT BY THE INTERIM

HEAD OF PLANNING & TRANSPORT PLANNING APPLICATIONS

INDEX

ITEM NO

REGISTER NO

ADDRESS DESCRIPTION RECOMMENDATION PAGE NO

Report 304763

A3 13/12794 15 (Combined House) Wheatfield Way, Kingston upon Thames, Surrey, KT1 2PA

Change of Use of levels 6 - 11 from Offices (B1) to 160 bedroom Hotel (C1), including alterations to roof plant, bin store and adjoining landscaped area.

PERMIT A52

A4 13/12875

Network Rail Ltd, Kingston Railway Station Wood Street, Kingston upon Thames, Surrey, KT1 1UJ

Variation of condition 9 (hours of works) of planning permission 12/12241 (Erection of extension to platform 3 including extension to existing bridge over Richmond Road)

PERMIT A67

A5 13/12980 Development At 45-51 High Street And 30, South Lane, Kingston Upon Thames

Demolition and redevelopment of site to provide a part three, part four, part five storey building comprising 140 units of student accommodation (Sui Generis) and 388 sq m of flexible commercial floorspace (A1/A2/A3/B1) (retail, financial & professional services, restaurant or cafe, business)

PERMIT A76


THURSDAY, 30 JANUARY, 2014

REPORT BY THE

Interim Head of Planning & Transport

PLANNING APPLICATIONS

All recommendations for planning permission in this section are automatically subject to the condition limiting the duration of the permission required by Sections 91 and 92 of the Town and Country Planning Act (as amended) 1990 unless permission is to be granted for a limited period or unless there is a specific recommendation that the period for such duration be other than the period referred to in the standard condition. All background papers are incorporated into Planning Application Reports. The policies listed are those from the Royal Borough of Kingston upon Thames the Local Development Framework Core Strategy, Adopted April 2012.

Development Control Committee

Date of Meeting: 30/01/2014

A Register No: 13/12264/FUL

Address: DEVELOPMENT AT THAMES SIDE WHARF, VICARAGE ROAD, KINGSTON UPON THAMES

REPORT BY THE INTERIM HEAD OF PLANNING AND TRANSPORT

ADDENDUM REPORT

This application was reported to the Development Control Committee on 12 December 2013 (report appended below) where the committee resolved that, subject to referral to the Mayor of London, permission should be refused for the following reasons:

1. The proposed development by reason of it’s scale would appear

overdominant and have an adverse impact on the character and appearance

of the street scene and the immediate locality. The proposal would thereby

conflict with Policies DM10 and DM11 of the Local Development Framework

Core Strategy Adopted April 2012 and Policy K9 of the Kingston Town Centre

Area Action Plan adopted July 2008.

2. The proposed development would not provide the maximum amount of

financial contribution towards affordable housing and would thereby conflict

with Policy DM15 of the Local Development Framework Core Strategy

Adopted April 2012 and policy 3.12 of the London Plan adopted July 2011.

Subsequent to the committee meeting (and prior to any formal decision being issued on the application), the applicant has offered to increase the affordable housing contribution from £266,000 to £500,000. This would therefore mean that the proposed S106 contributions offer together with the provision of the highway/public realm works (the costs of which are set out below) is as follows:

Item Topic Sum

1 Education 245,000.00

2 Health and Social Services 93,500.00

3 Leisure, Culture , Community 39,750.00

4 Affordable Housing 500,000.00

5

6

7

Highway/public realm works

Kingston Demise works

Fenwick’s Demise works

Alteration to John Lewis access

548,649.00

268,569.00

90,427.00

8 Mayoral CIL 365,610.00

SUB-TOTAL 2,151,505.00

9 RBK contribution (200,000.00)

TOTAL developer contribution 1,951,505.00

The applicant has also agreed to a review mechanism of the viability assessment in the event of planning permission being granted. This would take place at some point during the construction process and would allow for the inputs into the viability assessment in respect of construction costs and development value to be up to date at the time of implementation. Any surplus over and above the £500,000 would then be divided between the Council and the applicant with any additional contribution going towards affordable housing. The details of the review mechanism would be secured through the S106 agreement.

RECOMMENDATION

The application is therefore reported back to the Development Control Committee to consider the application in light of the amended S106 package proposed by the applicant.



_______________________________________________________________________________________________________________

A1 Register No: 13/12264/FUL

Address: DEVELOPMENT AT THAMES SIDE WHARF, VICARAGE ROAD, KINGSTON UPON THAMES

(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285.

Ward: Grove

Description of Proposal: Erection of 97 residential units (36 x 1 bed, 58 x 2 bed, 3 x 3 bed) and 111 sq m of cafe/gallery (Class A3/D1) floorspace provided in two buildings (11 storey and 10 storey) with associated car and cycle parking; Erection of a two storey restaurant building (Class A3) . Formation of new area of public realm and highway alterations.

Plan Type: Full Application Expiry Date: 13/07/2013

Applicant's Plan Nos:

Air Quality Assessment Report Received 08/04/2013

Archaeological Desk Base Assessment Received 08/04/2013

Code for Sustainable Homes Pre-assessment Received 08/04/2013

Covering letter Received 08/04/2013

Daylight & Sunlight report Received 08/04/2013

Design & Access Statement Received 08/04/2013

Environmental Noise Assessment Received 08/04/2013

Flood Risk Assessment Received 08/04/2013

MF01_A-010_001 Location plan Received 08/04/2013

MF01_A-010_002C Site plan existing Received 08/04/2013

MF01_A-010_003B Site plan proposed Received 08/04/2013

MF01_A-010_004A Topographical Survey Received 08/04/2013

MF01_A-100_009E Site plan -ground floor Received 08/04/2013

MF01_A-100_010C Mezzanine Received 08/04/2013

MF01_A-100_011C 1st to 4th floor Received 08/04/2013

MF01_A-100_012B 5th to 6th floor Received 08/04/2013

MF01_A-100_017B 7th floor Received 08/04/2013




MF01_A-100_021B Roof plan Received 08/04/2013

MF01_A-100_040B Key for site sections Received 08/04/2013

MF01_A-100_041B Site section AA Received 08/04/2013

MF01_A-100_042B Site section BB Received 08/04/2013

MF01_A-100_043B Site section CC Received 08/04/2013

MF01_A_100-044 Site section DD Received 08/04/2013

MF01_A_100_045B Site section EE Received 08/04/2013

MF01_A_100_046 GA Plans ground to 8th floor Received 08/04/2013

MF01_A_100_046B Site Section FF Received 08/04/2013

MF01_A_100_047B Site section GG Received 08/04/2013

MF01_A_100_050F GA Plans - public square Received 08/04/2013

MF01_A_100_051E GA Plans –Ground to 8th floor

Received 28/08/2013

MF01_A_100_061B GA long & cross sections bldg A

Received 08/04/2013

MF01_A_100_062C Elevations building A Received 08/04/2013

MF01_A_100_071C GA Plans - ground & mezzanine

Received 28/08/2013

MF01_A_100_072C GA plans - 1st to 6th Received 28/08/2013

MF01_A_100_073 GA plans - 7th-8th floors Received 08/04/2013

MF01_A_100_074C GA Plans 9th to 10th floor Received 28/08/2013

MF01_A_100_075C GA plans - roof Received 28/08/2013

MF01_A_100_081 GA sections - long & cross section

Received 08/04/2013

MF01_A_100_082C GA elevations - North & South

Received 28/08/2013

MF01_A_100_083C GA elevations East & West Received 28/08/2013

MF01_A_100_090D The Pavilion Received 28/08/2013

Planning Statement Received 08/04/2013

SRE letter Received 08/04/2013

Sustainability & Energy Statement Received 08/04/2013

Transport Statement Received 08/04/2013

Travel Plan Received 08/04/2013

Wind Tunnel Assessment Ltd Received 08/04/2013

BASIC INFORMATION

National Planning Policy Framework (NPPF) 2012

Development Plan:

London Plan July 2011 LDF Core Strategy Adopted April 2012 K+20 Kingston Town Centre Area Action Plan

Policies

LONDON PLAN JULY 2011

LP 3.3

LP 3.5

LP 3.7

LP 3.8

Increasing Housing Supply

Quality and Design of housing Development

Large Residential Developments

Housing Choice

LDF CORE STRATEGY CORE POLICIES

CS 01 Climate Change Mitigation

CS 02 Climate Change Adaptation

CS 04 River Thames Corridor, Tributaries and t

CS 06 Sustainable Travel

CS 08 Character, Heritage and Design

CS 10 Housing Delivery

CS 12 Retail and Town Centres

LDF CORE STRATEGY DEVELOPMENT MANAGEMENT

DM01 Sustainable Design and Construction Stan

DM02 Low Carbon Development

DM03 Designing for Changing Climate

DM04 Water Management and Flood Risk

DM07 River Thames Corridor, Tributaries

DM08 Sustainable Transport for new Development

DM10 Design Requirements for New Developments

DM11 Design Approach

DM13 Housing Quality and Mix

DM15 Affordable Housing

K+20 AREA ACTION PLAN

K+ K07 Housing

K+ K09 Design Quality in the Town Centre

K+ K13 Riverside Strategy

K+ K17 Pedestrian Environment

K+ K23 S106 Planning Obligations and Developer

K+ K24 Flood Risk Management

K+ P12 Northern Riverfront – Bentall’s Car Park

Previous Relevant History

In August 2011 an EIA Screening Opinion request was submitted for a larger scheme than the current application comprising three buildings, one of which was 23 storeys in

height. On 23rd August a screening opinion was issued confirming that the scale and nature of the development proposed would not give rise to significant environmental impacts and therefore did not constitute EIA development.

Consultations

1. Neighbouring Occupiers: 294 notification letters have been sent and the proposal has been advertised in the local press and by way of site notices. Five responses from residents of Hampton Wick have been received with the following objections/concerns:

- The buildings are too tall and there is a clash of building styles and materials

- More soft landscaping should be provided within the scheme - Overlooking of properties across the river. - Loss of sunlight - Restaurant may result in noise - Questions whether there is adequate parking provision

One letter in support has been received stating the following reasons:

- The public square will create a vibrant pleasant location assisted by being overlooked by the restaurant.

- The scale of buildings appear better suited to their surroundings - Additional residents into the town centre is welcome.

2. The John Lewis Partnership have commented that they note the proposed highway layout is consistent with their operational requirements and that further assessment is required to ensure that the development is adequately attenuated so that future occupiers do not experience noise problems from the operation of the John Lewis store. Kingston Town Planning Sub-Committee:

- In relation to the proposal for public realm, reference was made to a similar public realm area at Eagle Wharf Brewery which has led to noise and disturbance in the area and to nearby residential properties and it was questioned whether there were any proposals for management of the public space

- There were too many 1 bedroom flats, insufficient 3 bedroom flats and no affordable housing in the proposal It was important to encourage families back into the town centre

- Proposals for two bedroom properties did not meet the needs of family accommodation although it was noted that such properties were occupied by families for financial reasons

- The full S106 contributions should be secured in accordance with policy and the SPD to pay for the required infrastructure e.g. schools, health etc

- The provision of the art quarter was welcomed - It was questioned whether the proposal would create a wind a wind tunnel

effect - Some concern was expressed about scale and height of buildings

3. Greater London Authority: - The principle of development is supported. - The viability assessment should be independently reviewed and

justification should be provided regarding the lack of on-site affordable housing and the mix of units.

- The schemes needs more refinement to ensure it is of high quality, in particular the ground floor layout, single aspect north facing units and the design quality of the public realm.

- Further clarification is required on accessibility arrangements. - Additional measures to provide further CO2 reductions. - Further details of flood resilience of the development should be provided. - Concern regarding the potential conflict of HGV movements and

pedestrians across the public square. - Electric vehicle charging points and car club spaces should be provided.

4. English Heritage (Archaeology): No objection subject to appropriate conditions.

5. Natural England: There is not considered to be any impact on the Thames Path National Trail or the Richmond Park SSSI. Consideration should be given to incorporate biodiversity enhancements as part of the development.

6. Environment Agency: Originally objected on the basis of the information submitted and request additional information and clarification to ensure flood risk is not increased and the risk to groundwater is adequately assessed. Further information has been submitted by the applicant and the response from the EA is awaited and will be reported to the Committee.

7. Thames Water: No objection, but comment that the developer should make proper provision for drainage to ground, water courses or a suitable sewer. Conditions should be attached to any permission in respect of any impact piling and the submission of an impact study of the existing water supply prior to the commencement of development.

8. Network Rail: No objection

9. London Borough of Richmond: The scale and massing of the proposal is not considered to have a positive impact on the character of the riverside.

10. Kingston Upon Thames Society: Recognise that the site needs to be developed, but cannot support the current scheme. There is no objection to the form and style of Buildings B&C, but they should be reduced to the height of the Bentalls car park. Building A is considered to be an overdevelopment of the site. The scheme is not considered to create an 'arts quarter' as proposed.

11. Kingston Town Neighbourhood Conservation Areas Advisory Committee: State overall support for the proposed plans, with the following exceptions:

- Block B is too high and should be no greater than the John Lewis building & the new Boatyard building.

- No account is taken of the impact of the night time economy on the use of the site

- The future residents of the development will be affected by noise & disturbance.

- Lack of parking.

12. Neighbourhood Traffic Engineer: No objection subject to the scheme being designated a 'car capped' scheme to be secured by legal agreement. Cycle parking provision is sufficient and the potential of motorcycle parking on Vicarage Road should be secured through a S106 agreement. The proposed highway layout is acceptable in principle. The waste collection arrangements are acceptable as is the principle of two car club parking space

13. Head of Housing: Affordable housing should be provided on site, unless an independently assessed viability report demonstrates that it would not be viable or practical.

14. Carbon Reduction & Sustainability Officer: Further measures should be explored to reduce energy demand further through material improvements, especially through walls and roofs. A condition should be attached to any permission requiring submission and approval of an updated Energy Statement and a revised pre-assessment report to demonstrate how the proposal will meet Level 5 of the Code for Sustainable Homes.

Following the submission of additional information to demonstrate further reduction in CO2 emissions, the proposal is considered acceptable.

15. Environmental Health: No objection, but recommend a number of conditions in respect of the acoustic insulation of dwellings, plant noise and a contaminated land assessment.

SITE AND SURROUNDINGS

16. The site is located within Kingston town centre, immediately to the north of the John Lewis department store and to the east of the River Thames and is approximately 2 ha in area. The site comprises previously developed brownfield land which is currently vacant, having been cleared and prepared for development. Part of the site includes Highway land owned by the Council. The site is bounded to the north by Water Lane (opposite the new Turks Boatyard residential development), to the east by the recently developed IQ Wave student accommodation building, to the south by Vicarage Road (beyond which lies John Lewis) and to the west by Thames Side, the former Slug and Lettuce Public House (and adjoining building) and the River Thames.

The site consists of two parcels of land which are divided by lanes of one-way traffic. The eastern parcel of land abuts the student accommodation and has road frontages to Water Lane, Steadfast Road and Vicarage Road. It has an existing vehicle access off Water Lane. The western parcel is bounded on all sides by one-way roads. This mini-gyratory system provides service access to John Lewis and Waitrose and runs into Thames Side, parallel to the river.

17. The immediate area is characterised by a mix of uses, including residential, retail, public car parks. The site has direct access to the Thames Path which connects pedestrians and cyclists to the local amenities of Canbury Gardens to the north and Charter Quay to the south.

18. The site lies with Proposals site P12 (Northern Riverfront) as set out in the Kingston Area Action Plan. The key objectives for development within the area are to secure a high quality mixed use development, enhancement to moorings, the riverside walk and to create a new riverside public space and to improve riverside access and provide active frontages. The site also lies within the following designations: Area of Archaeological Significance, The Thames Side Area of Special Character and The Thames Policy Area. The site also lies within Flood Risk Zones 2,3a and 3b.

PROPOSAL

19. The application seeks permission for a development of 97 residential units 36 x 1 bed, 58 x 2 bed & 3 x 3 bed) and 111 sq m of cafe/art gallery floorspace provided in two buildings of 11 storeys and 10 storeys with associated car parking. It also includes the erection of a two storey restaurant building together with the formation of a new area of public realm and highway alterations.

20. The proposal is arranged as follows: The western site comprises Block A: 23 residential units (8 x 1 bed and 15 x 2 bed) and 111 sq.m GIA of A3 / D1 floorspace (café/gallery) in a ten storey building. The commercial space, cycle parking, CHP plant and servicing are on the ground floor and mezzanine. The Pavilion building proposes 263 sq.m A3 floorspace (restaurant with bar) in a two storey building. The eastern part of the site comprises a single building but split into 2 blocks. Block B provides 52 residential units (22 x 1 bed, 27 x 2 bed and 3 x 3 bed) in an 11 storey building. Car and cycle parking, CHP plant and servicing are on the ground floor and Mezzanine. Block C comprises 22 residential units (6 x 1 bed and 16 x 2 bed) in a 10 storey building. The parking, CHP plant and servicing are on the ground floor and mezzanine

ASSESSMENT

The main considerations material to the determination of this application are:

• Principle of Proposed Development

• Impact on Character of Area

• Impact on Neighbour’s Residential Amenity

• Highways and Parking

• Trees

• Legal Agreements

• Sustainability

• Other Material Considerations

Principle of Proposed Development

21.The site lies within part of the Proposals site P12 (Northern Riverfront) as set out in the Kingston Area Action Plan. Policy P12 states that the Council will pursue comprehensive mixed use development on the site to provide a hotel with conference and banqueting facilities, residential including affordable housing, ground floor A1, A3 and A4 uses, a new public space on the riverside, a high quality pedestrian route from Wood Street to the riverside, and public car parking. The public parking has already been provided to the north of the site in the multi storey car parks and a hotel has been permitted as part of the Kingston Heights development.

22.The Core Strategy and K+20 AAP polices identify Kingston as a preferred location for future housing and estimate that 1,000 new residential units will be delivered in the town centre over the period 2006 to 2020.

23.The proposed residential lead mixed use development is therefore considered to be compliant with both Core Strategy and AAP policy and would provide significant regeneration benefits to this part of the town centre which has remained vacant for a significant period.

Impact on Character of Area

24 Policy K9 (Design Quality in the Town Centre) of the Councils K+20 AAP states that the Council will require the highest standard of design in all new development and proposals should:

- Respect and enhance the town centre's distinctive character and historic environment

- Respond to local context, scale and character, in terms of historic street patterns, siting, density, massing, height, appearance, plot widths, building lines and materials

- Safeguard the panorama and key views (Plan 6) - Make best use of redevelopment opportunities - Be accessible and inclusive - Provide active and attractive frontages to adjoining streets and

spaces - Create high quality landscaped spaces and connections to

surrounding streets - Incorporate best environmental practice in design and layout, use

sustainable construction techniques and renewable technology, appropriate to the type and scale of development

- Reduce opportunities for crime and achieve Metropolitan Police 'Secured by Design' (or subsequent) accreditation.

The Proposed Buildings

25 Block A is a slim 10 storey building overlooking the new area of public realm and backing onto John Lewis. The rear facade would be predominantly in dark brickwork without any habitable room windows to prevent intervisibility with John Lewis and to provide sound attenuation for the proposed flats. The principal facades would be finished in copper cladding and glazing with balconies on three frontages looking onto the new public realm, the river and towards Vicarage Road. At ground floor level the facade will be animated by vitrines, which are glazed areas behind which works of art will be displayed which are intended to be changed on a regular basis.

26 The height of the building is broadly comparable to the tower element of the John Lewis building which together with its slim profile is considered to result in an attractive and elegant building providing a welcome addition to the riverfront. The rich palette of materials and the provision of balconies fronting the river and overlooking the new area of public realm will provide interest and activity to this part of the Kingston riverfront. At ground floor level the provision of a cafe/gallery use and the vitrines will provide for an active frontage and enhance the overall character and appearance of the building.

27 Blocks B & C comprise a building with a maximum height of 11 storeys located at the eastern end of the site with frontages onto Steadfast Lane, Water Lane and Vicarage Road. The building consists of a series of interlocking geometric volumes positioned above the ground floor and mezzanine podium. The facade facing the river would be copper clad together with horizontal louvres for solar shading and balconies which would provide further articulation. The south elevation would combine the copper cladding with brickwork divided into a regular grid containing fenestration and balconies. The northern facade would be predominantly brickwork. The top two floors would provide a glazed 'penthouse' style termination of the building.

28 Whilst this building is higher than those surrounding, given that it is set back from the riverfront and that the upper floors are glazed with a reduced footprint, it is considered that its scale within the townscape is acceptable. The variety of materials used is considered to work successfully to break up the scale of the building which together with the articulation of the materials, balconies and windows provides for a dynamic facade which adds interest to the street scene. The use of vitrines is also welcomed and would provide visual interest at ground floor level and would enhance the pedestrian experience.

29 The proposed pavilion building providing the restaurant is a dynamic angular building utilising the same copper cladding with exposed concrete walls to provide a strong aesthetic contrast with the copper. The cantilevered roof canopies at both ground and first floor would

provide covered external terraces. This building faces the new area of public realm and screens it from the traffic on Steadfast Road. The building is considered to be of an appropriate scale and design to enclose the new area of public realm and would complement the larger residential buildings in its use of materials.

Public Realm

30 The proposed area of public realm would form a hard and soft landscaped area which the applicant envisages being used for markets and community activities. The main area would be paved in a high quality natural stone called Porphyry which has a warm colour and would complement the materials of the buildings and is appropriate to a riverside setting. A variety of other high quality paving materials would be used to reflect the function of the space it serves including concrete paving setts to areas in use by vehicles and resin bound gravel along the riverside walkway. Three trees are proposed within the area to provide welcome soft landscaping which would enhance the quality of the open space and also the setting of the buildings. Pine trees are proposed which would maintain foliage all year round and would have a clear stem of at least 2.2m in height to ensure pedestrian level views across the space are maintained.

31 The area of public realm will need to maintain a vehicular route for John Lewis delivery vehicles, but this will be restricted to hours outside the main daytime hours of pedestrian activity to ensure that it does not compromise the quality and use of the space. The highway implications of this are addressed in the relevant section below.

32 The applicant states a vision of creating an ‘Arts Quarter’ that would create a vibrant destination that can be used to promote the arts and enhance community engagement by working with the Council, local business, schools, colleges, Kingston First and creative organisations such as Fusion Arts. The vitrines could be used to display local art, sculpture, fashion and digital media projects by students and residents. It is intended that the space could host market stalls, provide a performance space and could host events in conjunction with existing and new Kingston events. The applicant proposes that for the first 18 months they would provide support to assist the establishing of a committee made up from local residents and members of the local business community. The committee will then take control of the space and its activities. The details of the use and management of the square together with its implementation will need to be secured by way of a S106 agreement.

33 The applicant has undertaken a wind tunnel study to assess the potential wind speeds around the proposed site which was based on the original scheme containing a 23 storey tower. The study concluded that even for that scheme the wind conditions in the public square are suitable for pedestrian activities throughout the year and will be

suitable for outdoor cinema, markets etc. The assessment was undertaken by BRE and they confirm that the reduction in height of the proposed building from the previous scheme will result in a beneficial impact on the pedestrian wind level. It is therefore considered that the resulting microclimate for the new area of public realm would be acceptable.

Impact on Neighbours’ Residential Amenity

34. Policy DM10 of the LDF Core Strategy seeks to safeguard residential amenity in terms of privacy, outlook, sunlight/daylight, avoidance of visual intrusion and noise and disturbance. The nearest residential premises affected by the development are within the new Turks Boatyard scheme to the north which has recently been occupied and the IQ Wave student accommodation building to the east. The application includes a BRE Daylight/Sunlight Assessment which addresses the impact on the adjoining premises.

35. In relation to Turks Boatyard dwellings, it is noted that a number of the windows which face the site are set underneath balconies/overhang of the floor above. As per the BRE guide, where such obstructions exist, the windows have been tested both with and without these obstructions. The results for the assessment without the balconies indicate that there are a few low values at the lower floor levels, but generally they remain above 20% VSC. All but 1 of the windows satisfy the BRE criteria for sunlight. This indicates that the potential lighting levels to this building is limited by the existing balconies as opposed to the proposed development itself. The applicant has also produced a massing diagram for a new building showing full compliance with the BRE Guidance and this demonstrates that the resulting building would not be feasible or practical to build. The impacts on the adjoining building are exacerbated by the fact that it faces an underdeveloped site and therefore the reduction in daylight will be more pronounced. BRE Guidance advises that this should be taken into account in assessing the impact of new developments and it is therefore considered that the impact on the existing residents as demonstrated by the resulting daylight & sunlight values stated above would not be so significant as to warrant a reason for refusal.

36. For the IQ Wave the windows are located on the site boundary. In this regard, the BRE guide recognises that where this situation occurs, non compliance may be unavoidable, particularly where the site is underdeveloped. Average Daylight Factor (ADF) tests have also been undertaken to the student rooms. The results indicate that all but one of the student rooms will continue to meet the ADF minima target criteria as defined by the BRE guidance. The communal kitchens situated closest to the proposed development however, will not meet the BRE guidance. The IQ Wave building was designed having regard to a later phase 2 development coming forward on the current application site and indicative plans were submitted with that scheme which proposed a building with a footprint broadly comparable to the current scheme. It was therefore always acknowledged that any future development would have an impact on the now existing phase 1 scheme. It is therefore considered that whilst the development will have an impact on the student accommodation building, the extent of the impact is not considered to warrant a reason for refusal.

Highways & Parking

37. As part of the proposal, the existing road known as Thames Side will be redeveloped to enhance the pedestrian environment in this area. The access arrangements to the John Lewis service area would be reconfigured to provide an ‘in and out’ access. However, limited vehicle access across the new area of public realm will also be available to John Lewis service vehicles outside the main daytime hours to accommodate peak delivery times for the store throughout the year. It is recognised that the winter sales will coincide with less use of the public realm and therefore it is proposed that the access will be closed in November, December & January only between the hours of 11.00 & 16.00 hours. During the summer sales delivery in June & July, it is proposed that the access is closed between 10.00 and 22.00 hours. Outside of these two periods it is proposed that the access is closed between 9.00 and 22.00 hours. The management of the bollards controlling restricted vehicle access across the pedestrianised section of Thames Side would be operated by the Council and it is considered that the limited vehicular access during the day will ensure that the space is an attractive public space. The carrying out of the highway works will have to be phased to ensure that satisfactory vehicular access to John Lewis can be maintained throughout the construction period. This will be secured by a S106 agreement.

38. Parking for 25 cars will be provided within the development with secure cycle parking of at least one cycle per dwelling being provided. The existing on-street motorcycle parking would also need to be relocated on Vicarage Road and this will be secured by a S106 agreement. The site is highly accessible by public transport, having a PTAL index of 6a. The site also has convenient access to a well-established pedestrian and cycle network and a wide range of local facilities. The site is within the town centre, adjacent to the main shopping area and is within easy walking and cycling distance of all the main facilities. It is therefore considered that the proposed level of car parking and cycle parking is appropriate for the development and therefore acceptable.

39. The Transport Statement submitted with the application confirms the applicant's commitment to providing a Travel Plan as part of the application to provide residents with useful information and incentives to reduce the reliance on the private car. A draft Travel Plan, prepared by Capita Symonds, has been submitted with the application. To minimise the impact of the residential development, it is proposed to introduce a number of measures and initiatives. These include encouraging cycling and walking through provision of information packs on safe pedestrian and cycle routes, promotion of events such as 'Walk to Work Week', the provision of 97 secure cycle parking spaces and information on health benefits. Measures to encourage public transport use are also suggested including publicising alternative modes of transport available to residents and visitors. Measures to reduce car journeys are also suggested,

including the provision of just 25 parking spaces, complying with the London Plan Policy for residential schemes to provide less than one space per unit. On street parking permits will not be issued to new residents, preventing them from parking in the town centre Controlled Parking Zone. It is considered that the implementation of the Travel Plan would ensure that the scheme would reduce reliance on the private car and would be secured by way of a legal agreement.

40. In view of the town centre location of the site and its proximity to a number of public car parks, no additional parking will be provided for the proposed A3 uses. Servicing for the restaurant will be provided by a lay-by along Water Lane. A car club is proposed to be introduced as part of the development and two parking spaces would be allocated for its operation. An analysis of the likely number of vehicular trips created by the current development proposals shows that it would generate minimal car trips and therefore have no significant impact on the local highway network.

Trees

41. There are no trees currently on the site and a hard and soft landscaping scheme is proposed as part of development to provide some planting in the area. It is considered that the three trees proposed in the new public space would provide much needed greenery to the site and would enhance the public enjoyment of the area.

Legal Agreements

42. The Council’s Supplementary Planning Document on Planning Obligations sets out the required level of contributions for development. This scheme would generate a total requirement under the SPD of £617,450 for the following contributions:

• Education - £245,500 • Health/social facilities: £93,500 • Leisure/culture/community: £39,750 • Sustainable Travel: £79,500 • Sustainable Environment: £159,000

43. The application was accompanied by a viability assessment which has been independently reviewed by consultants instructed by the Council. The scheme now proposes a financial contribution of £883,365 which is to be divided between the S106 items listed above in addition to a commuted sum for affordable housing. Whilst the viability report is considered by the Council’s consultant to be a satisfactory assessment, this financial contribution is also required to pay for the necessary highway works within the application site currently costed at c.548k as they have not been included as a cost of the scheme. Discussions are still ongoing to address how these works can be delivered whilst ensuring that the S106 financial contributions are sufficient to meet the requirements of the

development. An update will be provided to Members at the Committee meeting.

44. The scheme would also be liable for a Mayoral CIL payment of £365,610.

45. In addition to the payment of the above financial contributions, the S106 will also secure the following

• Submission and implementation of a travel plan.

• The stopping up of the highway

• A requirement precluding any residents or occupiers of the development applying for on-street parking permits.

• A management plan for the new area of public realm & vitrines including setting up and maintaining a management committee.

• Relocation of the motorcycle spaces

• Provision of the car club spaces

• The control of vehicular access across the new public space

• The phased provision of highway improvement works

Sustainability

46. Policy DM 1 (Sustainable Design and Construction Standards) states that 'the Council will require all new residential developments to achieve successively higher levels of the Code for Sustainable Homes Level category for energy/CO2 in accordance with the following timeline:

- Up to 2016: Code for Sustainable Homes Level 4 - From 2016: Code for Sustainable Homes Level 6 - Major developments should meet Code level 5 from 2013.

47. The proposed development has been designed to meet Code for Sustainable Homes Level 4 and would achieve CO2 reductions of 25.7% and 29.5% respectively for Block A & Blocks B/C which meet the basic London Plan requirements of 25%. The proposals however fall short of the 100% CO2 emissions reductions required to meet level 5 of the Code for Sustainable Homes. The targeted level of CO2

emissions reduction has been slightly improved since the original Energy Statement was submitted at the request of Officers. This is done through some improvement to the fabric energy efficiency and

an increase in capacity of solar PV panels. These improvements target a reduction in CO2 emissions of at least 25% beyond that required for building regulations 2010 part L compliance, which is in line with Code level 4 requirements. Officers are satisfied that there is no significant scope for increasing renewable energy capacity due to lack of remaining roof space and lack of external space. The Council’s Carbon Reduction & Sustainability Officer has reviewed all the submitted information and has confirmed that the type and extent of measures proposed are acceptable. In this instance it is therefore considered that meeting Code Level 4 is acceptable and conditions are therefore recommended requiring a Code level 4 interim design stage certificate prior to commencement, along with a final Code level 4 certificate within 6 months of completion.

48. The applicant’s Energy Statement confirms that the development could connect to any future District Heating Network in the town centre through connection points in the plant room and an access point in the external wall at ground level. This would be secured by condition.

Other Material Considerations

Housing

49. The application proposes 97 new residential units. The mix of these would comprise 36 x 1 bedroom dwellings, 58 x 2 bedroom dwellings and 3 x 3 bedroom dwelling. Policy DM13 of the Council's LDF Core Strategy states that 'in order to ensure that the housing delivered is of high quality and the most appropriate type, the Council will expect proposals for new residential development to incorporate a mix of unit sizes and types and provide a minimum of 30% of dwellings as 3 or more bedroom units, unless it can be robustly demonstrated that this would be unsuitable or unviable. On sites particularly suited to larger family housing, this minimum figure should be exceeded'. However the Mayor’s Housing SPG states that smaller units are suited to areas of high PTAL ratings (Public Transport Accessibility Level) such as the application site.

50. The proposed provision of 3 bedroom units falls below the policy requirement and the applicant has sought to address this by stating that the town centre site with limited amenity space is not best suited for family housing. The applicant has also provided a letter from a local agent who is also marketing the Kingston Riverside development and sets out similarities in the two schemes. They state that the buyers of units within Kingston Riverside are divided between professionals, both single and couples, together with elderly couples who are trading down from a larger property and they are close to 70% sold. However, approximately 25% are 3 bedroom apartments and they are selling very slowly. They claim that as they are very much bigger than the other units and more expensive to construct, the price has to reflect this and therefore they must be considerably higher than the one and two bedroom units. As the professionals and elderly couples do not require three bedrooms and the buyers who

need this number of bedrooms are families and therefore require a garden which apartments do not provide, it is considered that there will not be any demand for 3 bedroom units in the proposed development. In light of this information and having regard to the location of the site and the nature of the development, it is considered that the limited number of 3 bedroom units is acceptable in this case.

51. The application proposes a financial contribution towards affordable housing rather than provision on site on the basis that there is a significant need for family social rented units in the Borough and that this town centre site with high values is not viable or practical for such provision. The application has provided justification for the provision of a contribution by stating that due to the viability constraints and the high value location, the level of affordable payment would only be able to cross subsidise the delivery of a handful of on-site flatted units. The use of a financial contribution in a lower value location in the Borough would be able to cross subsidise a more meaningful number of units, both in terms of quantum and housing type. The applicant has provided evidence to substantiate this by how much additional affordable housing could be provided elsewhere in the Borough on the basis of values, namely:

- Surbiton: £500 per sq ft - 20% increase in affordable provision

- New Malden: £450 per sq ft – 40% increase in affordable provision

- Tolworth: £375 per sq ft – 85% increase in affordable provision

52. The applicant has also provided an analysis of the different unit size and tenure that could be provided off site. For example, the same amount of subsidy required to deliver a 1 bed intermediate flat at Thames Side Wharf could deliver almost two 3 bedroom houses in the Tolworth area and would therefore better meet the Council’s housing needs.

53. It is considered that given the high values of the new units together with the associated high service charges, a financial contribution would deliver a greater number of residential units elsewhere in the Borough. The Housing department are working on a number of schemes at the moment across the borough and it is therefore considered that this payment could be put towards beneficial use to help fund additional affordable housing units.

Standard of Accommodation

54. The proposed flats would all meet the minimum floorspace standards set out in the London Plan. All of the flats have been designed so that they have access to both private and communal amenity space. All the flats have balconies and communal gardens are provided at roof

level on blocks A, B and C. In addition to private residential space, the scheme includes 315 sq.m of private communal space in the form of roof gardens that are only accessible to residents in the development. On Block A, at penthouse level, there is 50 sq.m of communal provision, which due to its orientation enjoys direct sunlight for most of the day. On Block B (and accessible to Block C) there is 265 sq.m of private communal space in the form of a large communal roof garden comprising timber decking and an accessible green roof.

55. The sunlight/daylight study submitted with the application assessed the levels of daylight and sunlight for the proposed residential units to ensure they are of an acceptable standard. Average Daylight Factor tests have been undertaken to a sample of the principal habitable rooms within the proposed development. Of the 31 rooms tested, all but 2 rooms meet the BRE target criteria for their given room use. The 2 rooms which fail are an Open Plan Living Area to Building B, which has an ADF value of 1.87% against a target of 2.0% ADF and a bedroom to Building B which has an ADF of 0.81% against a target of1.0% ADF. Both of the transgressions are considered to be of an acceptable degree and the new units would be of a satisfactory standard in terms of daylight received.

56. Daylight Distribution (DD) tests were also undertaken and of the 31 rooms assessed 16 accord with the BRE guide’s target of 80% of the area being directly lit. Of these rooms which fall below the recommended range, 10 are bedrooms and whilst the results are outside the BRE guidance, bedrooms are recognised as being less important. The level of daylight enjoyed by the new flats is therefore overall considered to be satisfactory.

57. With regard to sunlight, the BRE state that sunlight is mainly required in living rooms and it acknowledges that in flat developments, full compliance is difficult to achieve and it states that the aim of good design should be that each flat has a main room which receives a reasonable amount of sunlight. The only single aspect north facing units across the development are within block A of which there is 1 per floor (i.e. 8 out of a total of 97 units). However, these have been designed with a balcony and a bedroom window which will receive sunlight from the west (i.e. in the evening). A number of other units on the lower floors will not receive the recommended amount of sunlight, but given the height and proximity of surrounding buildings it is acknowledged that the BRE guidance should be interpreted flexibly and the overall standard of the units is considered to be acceptable.

58. The proposed flats have been designed with a window specification to ensure that the future residents would not be adversely affected by existing external noise sources which comprises predominantly traffic noise including delivery vehicles. It is therefore considered that the noise environment of the proposed flats would be acceptable which is endorsed by Environmental Health and conditions are therefore recommended to secure compliance with these measures.

59. The application was accompanied by an air quality assessment which considers the likely impact of traffic pollution on the future residents which concludes that the air quality is of an acceptable standard and that no mitigation measures are required.

Restaurant & Cafe Use

The proposed restaurant and cafe uses are considered to be a positive feature of the scheme which will provide a focus for activity in the new area of public realm and enhance the riverside footfall. In order to minimise any impact of the uses on existing and future residents, it is recommended that the closing time be restricted to midnight on Monday to Saturday and 23.00 hours on Sundays and Bank Holidays. It is further recommended that the outside seating areas associated with the restaurants shall not be used after 23.00 on any night. Further conditions are recommended to limit any noise from associated plant and extract equipment to ensure it does not result in a noise nuisance. It is therefore considered that the proposed restaurant and cafe will not have a significant adverse effect on surrounding residents.

Contamination

60. The applicant has undertaken a Geo-Environmental Preliminary Risk Assessment which demonstrates that there is only a moderate to low risk of any contamination within the site. Conditions are therefore recommended requiring full investigations to be carried out prior to commencement in accordance with advice from Environmental Health.

Lifetime Homes (LTH) Standards

61. All new dwellings would be built in accordance with LTH standards, in accordance with Policy DM13 of the Councils LDF Core Strategy and Policy K7 of the K+20 AAP.

Wheelchair Housing

62. In accordance with Policy DM13 of the Councils LDF Core Strategy and Policy K7 of the K+20 AAP, 10% of all new dwellings must be adaptable for wheelchair housing. As such, this could be secured by condition or legal agreement in the event of an approved decision.

Flood Risk

63. The application site is located within Flood Risk Zone 2 & 3a and residential accommodation is classified as 'more vulnerable' development within the Technical Guidance to the NPPF. Table 3 of

the Technical Guidance to the NPPF states that within flood zone 3a an exception test is required for 'more vulnerable' development. Policy DM4 (Water Management and Flood Risk) of the Council's Core Strategy states that the Council will consider development proposals in accordance with national guidance, the Borough Strategic Flood Risk Assessment (SFRA) and related studies including the surface water management plans. The Kingston Town Centre Area Action Plan (K+20) Policy K24 Flood Risk Management will be taken into consideration in the assessment of development proposals within Kingston Town Centre. Policy K24 (Flood Risk Management) states that within flood zone 3a, development proposals should include the flood mitigation measures as an integral part of the design process.

64. Paragraph 104 of the NPPF states that where a site is allocated within a development plan through the Sequential Test, individual applicants need not apply the Sequential Test. This has therefore been undertaken as the site forms part of Proposals Site P12 within the Kingston Town Centre AAP. With regard to the Exceptions Test, similarly as the site forms part of Proposals Site P12, it is identified as having significant development potential to provide high quality buildings and a new destination open space. The Flood Risk Assessment submitted with the application sets out the mitigation measures proposed to address potential flood risk and the applicant has provided further information to satisfy initial concerns expressed by the Environment Agency regarding the resiliency of the development against flood risk and conditions are recommended requiring that details are submitted and approved in respect of flood resilient measures and a flood evacuation plan. A final response is awaited from the Environment Agency which will be reported at the Committee meeting.

Archaeology

65. The application site is located within an area of archaeological significance. As part of the planning application, the applicant submitted a Archaeological Desk Based Assessment. English Heritage have commented on this assessment and raise no objection to the proposal, subject to a condition ensuring that the works are carried out in accordance with this assessment.

Ecology

66. Natural England has stated that they have no objection to the development and the Environment Agency states that there does not appear to be any significant risk to the ecology of the Thames as a result of the development. However conditions are recommended requiring details be submitted and approved to demonstrate that the firstly the construction works would not have adverse impact and secondly that the opportunity for biodiversity enhancements be investigated and provided on site e.g. bird and bat boxes.

BACKGROUND PAPERS held by David Horkan Tel. 020 8547 5332

Email [email protected]

Application file

Relevant Committee reports and related papers/correspondence

Recommendation:

Approve subject to referral to the Mayor of London under the Town & Country Planning (Mayor of London) Order 2008 and subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended), as specified in the above legal agreements section, and the following condition(s):

1 The development hereby permitted shall be commenced within 3 years from the date of this decision.

Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990. (As amended)

2 The development hereby permitted shall be carried out in accordance with the following approved plans:

Design & Access Statement 08/04/2013

Covering letter 08/04/2013

MF01_A-010_001 Location plan 08/04/2013

MF01_A-010_002C Site plan existing 08/04/2013

MF01_A-010_003B Site plan proposed 08/04/2013

MF01_A-010_004A Topographical Survey 08/04/2013

MF01_A-100_009E Site plan -ground floor 08/04/2013

MF01_A-100_010C Mezzanine 08/04/2013

MF01_A-100_011C 1st to 4th floor 08/04/2013

MF01_A-100_012B 5th to 6th floor 08/04/2013

MF01_A-100_017B 7th floor 08/04/2013

MF01_A-100_018B 8th floor 08/04/2013

MF01_A-100_019B 9th floor 08/04/2013

MF01_A-100_020B 10th floor 08/04/2013

MF01_A-100_021B Roof plan 08/04/2013

MF01_A-100_040B Key for site sections 08/04/2013

MF01_A-100_041B Site section AA 08/04/2013

MF01_A-100_042B Site section BB 08/04/2013

MF01_A-100_043B Site section CC 08/04/2013

MF01_A_100-044 Site section DD 08/04/2013

MF01_A_100_045B Site section EE 08/04/2013

MF01_A_100_046B Site Section FF 08/04/2013

MF01_A_100_047B Site section GG 08/04/2013

MF01_A_100_050 GA Plans - public square

MF01_A_100_051E – GA Plans Grd-8th

08/04/2013

28/08/2013

MF01_A_100_046 GA Plans ground to 8th floor

08/04/2013

MF01_A_100_061B GA long & cross sections bldg A

08/04/2013

MF01_A_100_062C Elevations building A 08/04/2013

MF01_A_100_071C GA Plans - ground & mezzanine

28/08/2013

MF01_A_100_072B GA plans - 1st to 6th 08/04/2013

MF01_A_100_073 GA plans - 7th-8th floors 08/04/2013

MF01_A_100_074C GA Plans 9th to 10th floor 28/08/2013

MF01_A_100_075C GA plans - roof 28/08/2013

MF01_A_100_081 GA sections - long & cross section

08/04/2013

MF01_A_100_082C GA elevations - North & South

28/08/2013

MF01_A_100_083C GA elevations East & West

28/08/2013

MF01_A_100_090D The Pavilion 28/08/2013

Planning Statement 08/04/2013

Transport Statement 08/04/2013

Travel Plan 08/04/2013

Flood Risk Assessment 08/04/2013

Archaeological Desk Base Assessment 08/04/2013

Daylight & Sunlight report 08/04/2013

Sustainability & Energy Statement 08/04/2013

Code for Sustainable Homes Pre-assessment 08/04/2013

SRE letter 08/04/2013

Environmental Noise Assessment 08/04/2013

Air Quality Assessment Report 08/04/2013

Wind Tunnel Assessment Ltd 08/04/2013

Reason: For avoidance of doubt and in the interests of proper planning.

3 A Delivery and Service Management Plan shall be submitted to and approved in writing by the local planning authority before the development commences. The development shall be carried out in accordance with the approved details.

Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policies DM9 (Managing Vehicle Use for New Development) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

4 No construction of any residential unit hereby permitted shall begin until details of the wheelchair housing specification/standards have been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of the wheelchair housing occupants in order to comply with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012, Policy 7.2 (An Inclusive Environment) of the London Plan July 2011 and comply with Supplementary Planning Document ‘Access for All’ (July 2005).

5 Any works/events carried out either by, or at the behest of, the developer, whether they are located on, or affecting a prospectively maintainable highway, as defined under Section 87 of the New Roads and Street Works Act 1991, or on or affecting the public highway, shall be co-ordinated under the requirements of the New Roads and Street Works Act 1991 and the Traffic management Act 2004 and licensed accordingly in order to secure the expeditious movement of traffic by minimising disruption to users of the highway network in Kingston upon Thames.

Any such works or events commissioned by the developer and particularly those involving the connection of any utility to the site, shall be co-ordinated by them in liaison with the Royal Borough of Kingston upon Thames, Street Works Section, (telephone 020 8547 5982). This must take place at least one month in advance of the works and particularly to ensure that statutory undertaker connections/supplies to the site are co-ordinated to take place

wherever possible at the same time.

Reason: In order to minimise disruption to road users, be they pedestrians or vehicular traffic, under the requirements of the New Roads and Street Works Act 1991 and the Traffic Management Act 2004. In order to satisfy the licensing requirements of the Highways Act 1980.

6 Before the development hereby permitted is commenced, a scheme for protecting the proposed dwellings from traffic noise shall be submitted to and approved in writing by the Local Planning Authority. Any works which form part of the scheme shall be completed before any of the dwellings is occupied.

Reason: In order to safeguard the amenities of the occupiers of the dwellings in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

7 No development shall take place until details of external lighting have been submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved details and thereby retained as such unless a variation is subsequently submitted to and approved in writing by the Local Planning Authority.

Reason 2: To safeguard the amenities of the adjoining residential occupiers and the character of this riverside site in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

8 Full details of the materials, colour and texture of the external finish of the buildings shall be submitted to and approved in writing by the Local Planning Authority before development commences and the development shall be constructed in accordance with the approved finishes.

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

9 The levels of buildings, roads, parking areas and pathways within the site shall only be in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority before development is commenced.

Reason: To ensure that the appearance and functioning of the development is satisfactory and to safeguard the amenities of

adjoining occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012 and comply with Supplementary Planning Document ‘Access for All’ (July 2005).

10 All works on site shall take place in accordance with the following details which shall have previously been submitted to and approved in writing by the Local Planning Authority prior to the commencement of work: (Specify as Appropriate)

(a) Provision for loading/unloading materials.

(b) Storage of plant, materials and operatives vehicles.

(c) Temporary site access.

(d) Signing system for works traffic.

(e) Measures for the laying of dust, suppression of noise and abatement of other nuisance arising from development works.

(f) Location of all ancillary site buildings.

(g) Measures to protect any tree, shrubbery and other landscape features to be retained on the site during the course of development.

(h) Means of enclosure of the site.

(i) Wheel washing equipment.

Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

11 Before the development is commenced, a scheme shall be submitted to and approved in writing by the Local Planning Authority for the acoustic insulation of the buildings. The scheme shall be implemented before the buildings are first occupied and thereafter permanently retained.

Reason: In order to control the noise emanating there from and in the interests of the residential amenities of the area in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

12 The site and building works required to implement the development shall be only carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 08.00 and 13.00 on Saturdays and not at all on Bank Holidays and Sundays.

Reason: To safeguard the amenities of the adjoining residential occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF

Core Strategy Adopted April 2012.

13 Prior to commencement of any development on site, a Construction Management Plan shall be submitted to the planning authority for written agreement. The development shall only be implemented in accordance with the details and measures approved as part of the construction management plan, which shall be maintained throughout the entire construction period.


14 No fans, louvres, ducts or other external plant other than those shown on the drawings hereby approved shall be installed without the prior written approval of the Local Planning Authority.

Reason: To safeguard the amenities of the occupiers of the neighbouring properties and the visual amenities of the area in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

15 The restaurant and cafe premises shall not be used for the purposes hereby permitted before 0700 or after midnight Monday to Saturday and before 0800 and after 23.00 at any time on Sundays or Bank Holidays. The outside seating areas associated with the restaurant and cafe uses shall not be used for the purposes hereby permitted before 0800 or after 23.00 on any day.

Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012

16 Before the use hereby permitted commences, details shall have been submitted to and approved in writing by the Local Planning Authority for the effective control of fumes and odours from the premises. The scheme shall be implemented before the use commences and maintained for the duration of the use.

Reason: In the interests of the amenities of the area in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

17 The rooftop gardens on the buildings hereby approved shall be permanently retained as amenity space for all occupiers of that

building and shall not be used for any other purposes.

Reason: To ensure the retention of amenity space and to safeguard the amenities of adjoining occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012

18 No development shall commence until a landscaping scheme including where applicable the retention of the existing trees shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only.

Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

19 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 to and approved in writing by the Local Planning Authority. The development shall only take place in accordance with the detailed scheme pursuant to this condition. The archaeological works shall be carried out by a suitably qualified investigating body which shall have been approved by the Local Planning Authority.

Reason: Important archaeological remains may exist on this site. Accordingly the planning authority wishes to secure the provision of archaeological excavation and the subsequent recording of the remains prior to development, in accordance with the guidance and model condition set out in PPG16 in accordance with Policy DM 12 (Development in Conservation Areas and Affecting Heritage Assets) of the LDF Core Adopted April 2012.

20 Prior to construction of the development a Code for Sustainable Homes Level 4 interim design-stage assessment certificate shall be submitted to and approved by the Local Planning Authority.

Reason: In the interests of sustainability and energy conservation in accordance with Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (July 2011) and Policy DM1 (Sustainable Design and

Construction Standards) of the LDF Core Strategy Adopted April 2012.

21 Prior to occupancy of the development a Code for Sustainable Homes post construction review should be carried out and a Final Code for Sustainable Homes Level 4 certificate should be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of sustainability and energy conservation in accordance with Policy MW3 of the Royal Borough of Kingston Upon Thames Unitary Development Plan First Alteration, Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012.

22 No development shall take place, including site clearance and any preparatory works, until a Nature Conservation Protection Plan for Construction has been submitted to and approved in writing by the Local Planning Authority. All construction activities shall be implemented in accordance with the approved details and timing of the plan unless otherwise approved in writing by the Local Planning Authority.

Reason: To safeguard and protect the sites bio diversity and nature conservation value in accordance with Policy DM6 (Biodiversity) of the LDF Core Strategy Adopted April 2012.

23 No development shall commence until a scheme to enhance the nature conservation interest of the site has been submitted to and agreed in writing by the Local Planning Authority. The scheme shall be implemented in full prior to the occupation of the development hereby approved.

Reason: To safeguard and protect the sites bio diversity and nature conservation value in accordance with Policy DM6 (Biodiversity) of the LDF Core Strategy Adopted April 2012.

24 Prior to the commencement of development details of a Sustainable Urban Drainage System shall be submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details prior to the occupation of any part of the development.

Reason: To ensure that the development manages and reduces surface water run off in accordance with Policy DM4 of the Local Development Framework Core Strategy Adopted April 2012.

25 Prior to the commencement of development details of the flood risk

mitigation measures shall be submitted to and approved by the Local Planning Authority. The measures should include flood resilient construction details and a Flood Evacuation Plan. The details and measures shall be implemented prior to occupation of the development and thereafter retained.

Reason: To ensure that the development is satisfactorily mitigated against floor risk in accordance with Policy DM4 of the Local Development Framework Core Strategy Adopted April 2012

26 Prior to commencement of the relevant part of the development, detailed drawings of the following shall be submitted to and approved by the Local Planning Authority:

- Windows, doors, shopfronts, car park entrance and other openings

- Balconies and balustrades

- Typical bay details at 1:20

- Design and layout of roof gardens

- The design and layout of the new area of public realm

- The lift overruns and building maintenance units and associated enclosures

- Any means of extraction for the restaurant/cafe units

- Cycle and refuse storage areas

Reason: To ensure that the development has a satisfactory appearance in accordance with Policies DM10 and DM11 of the Local Development Framework Core Strategy Adopted April 2012.

27 No impact piling shall take place until a piling method statement (detailing the type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise potential damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement.

Reason: To protect possible damage to the underground sewerage infrastructure.

28 The rating level of the noise determined by the cumulative sound emissions of all plant hereby permitted shall be at least 5dBA lower than the existing background noise level at any given time of operation. The noise levels shall be determined 1m externally to any window at the nearest residential façade. Measurements and assessment shall be carried out in accordance with British Standard 4142:1997

Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

29 Prior to the commencement of the relevant part of the development, a scheme shall be submitted to and approved in writing by the Local Planning Authority to demonstrate that any noise breakout from amplified music within the restaurant and cafe uses hereby permitted will not cause loss of amenity to any residential occupiers of any property in the proposed development and also within Elder House, 4 Water Lane. The scheme shall be implemented before the buildings are first occupied and thereafter permanently retained.

Reason: To protect the amenities of nearby residential premises.

30 The development hereby approved shall not be implemented until a contaminated land assessment, and where necessary an associated remediation strategy, has been submitted to and agreed in writing by the local planning authority.

Reason: To prevent harm to human health and pollution of the environment.

31 The approved remediation works shall be completed on site, in accordance with a quality assurance scheme agreed as part of the contaminated land assessment.


32 If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the Local Planning Authority before the additional remediation works are carried out. The agreed strategy shall be implemented in full prior to completion of the development hereby approved.


33 On completion of the agreed remediation works, a closure report and certificate of compliance, endorsed by the interested party/parties shall be submitted to and agreed in writing by the Local Planning

Authority.

Reason: To prevent harm to human health and pollution of the

environment

34 The construction of the development shall be carried out in accordance with the recommendations of the Air Quality Assessment Report March 2013 written by WSP Environmental.

Reason: To ensure the construction works do not adversely affect the air quality of nearby residents.

35 No development shall not commence until an impact study of the existing water supply infrastructure has been submitted to and approved in writing by the local planning authority (in consultation with Thames Water). The study should determine the magnitude of any new additional capacity required in the system and a suitable connection point.

Reason: To ensure that the water supply infrastructure has sufficient capacity to cope with the additional demand

Informative(s)

1 The development approved by this planning permission will be liable to pay the Mayor of London's Community Infrastructure Levy (MCIL). We have calculated the amount of MCIL liability to be £365,310.

Payment will be due once the owner/developer serves a development Commencement Notice on the Council, and a payment Demand Notice has been received by the owner. Failure to submit a Commencement Notice will incur a surcharge of 20% of the chargeable amount or £2,500, whichever is the lower amount.

When you have [delete as appropriate] received approval of all reserve matters / discharged all pre-commencement conditions the Council will issue a Liability Notice to the owner setting out the MCIL calculation. Accompanying the Liability Notice will be a blank Commencement Notice and if necessary a blank Assumption of Liability form, both of which need to be completed and returned to the Council prior to development commencing. A failure to do so will incur a surcharge.

Should you have any questions in respect of the contents of this letter or the MCIL more generally, please contact the Council's Contact Centre by email [email protected] <mailto:[email protected]> or phone 0208 547 5002.

2 Planning permission does not assume availability of Public Sewers, or their adequate capacities. The applicant is advised to contact Thames Water Utilities.

3 There are large water mains adjacent to the proposed development. Thames Water will not allow any building within 5 meters of them and will require 24 hours access for maintenance purposes. Please contact Thames Water Developer Services, Contact Centre on Telephone No. 08458502777 for further information.

4 The applicant is advised that the prior written consent of the Environment Agency is required for any proposed works or structures, in, on, over or within 8 metres of the top of the bank of the River Thames. This is under the terms of the Water Resources Act and the Thames Region Land Drainage Byelaws.

5 An acoustic report shall be submitted showing that the LA1(5 mins) of music played within the Class A3 premises should be no greater that 5dB below the existing L90 in the 63Hz and 125 Hz octave bands when measured or calculated in any habitable room of the nearest residential properties. It is likely that to demonstrate compliance with this standard a maximum noise level will need to be set within the A3 premises.



A2 Register No: 13/12817/COND & 13/12692/COND

Address: NETWORK RAIL LTD, KINGSTON RAILWAY STATION WOOD STREET, KINGSTON UPON THAMES, SURREY, KT1 1UJ


[Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

Ward: Grove Description of Proposal: 13/12817/COND: Details required by Condition 4 (Landscaping) of Planning Permission 12/12241/FUL relating to the platform extension. 13/12692/COND: Details required in respect of Conditions 7 (noise), 8 (lighting) and 10 (site works) of Planning Permission 12/12241/FUL relating to the platform extension. Plan Type: Conditions Expiry Date: 19/11/2013

Applicant's Plan Nos. (Application 13/12817/COND):

119799-DRG-PS27-001 rev P04 general Arrangement

Received 24/09/2013

38430-001/001 Landscape Embankment Plan Rev 3 (1 of 2)

Received 19/12/2013

38430-001/001 Landscape Embankment Plan Rev 3 (2 of 2)

Received 19/12/2013

Applicant's Plan Nos. Application 13/12692/COND):

12-12241-FUL Kingston Station - Discharge of Conditions 7 8 and 10

Received 14/08/2013

130515-r-MdS-PS27Kingston External Lighting Strategy

Received 14/08/2013

38431 Kingston Railway Station Platform Extension - Acoustic Assessment

Received 14/08/2013

Construction Transport Methodology Received 14/08/2013

Traffic Management Scheme Received 14/08/2013

BASIC INFORMATION


Development Plan: London Plan July 2011 LDF Core Strategy Adopted April 2012 Kingston Action Area Plan 2008

Policies

LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM10 Design Requirements for New Developments


12/12241/FUL Erection of extension to platform 3 including extension to existing bridge over Richmond Road.

Permit with conditions 15/02/2013

13/12875/FUL Removal/Variation of condition 9 (hours of works) of planning permission 12/12241 (Erection of extension to platform 3 including extension to existing bridge over Richmond Road)

To be reported concurrently to Development Control Committee

Consultations

Application 13/12817/COND (landscaping)

1. Tree and Landscape Officer: The initial proposal was not considered appropriate in terms of species, density and quantity of replacement planting proposed, particularly given the tree and shrub clearance that has already taken place. The revised submission is now considered acceptable.

2. Neighbouring Occupiers: A neighbouring occupier has also expressed concerns about the difficulty in interpreting the landscape plan. Application 13/12692/COND

3. Environmental Health Officer: 4. Condition 7 (noise): The applicant has submitted a suitably robust

acoustic report. Given the difficulties in objectively assessing some of the noise sources that have been brought to their attention the report has applied a range of guidance and British Standards and has made reasonable conclusions. On that basis I am satisfied that the condition

can be discharged. 5. Condition 8 (lighting): The applicant has submitted a report that applies

appropriate guidance and the lighting scheme as designed indicates that there will be no loss of amenity.

6. Neighbouring Occupiers: One letter of objection has been received from a resident of 6 Canbury Park Road concerned that the submitted acoustic report contains factual inaccuracies in respect of where the survey was undertaken.

7. Neighbourhood Traffic Engineer: Any comments received will be reported to the Committee meeting.

Site and Surroundings

8. The application site concerns Kingston Railway Station which is a primary gateway into the town centre. Kingston Railway Station is located in the middle of the one-way system which includes the A307 & A308 (Clarence Street, Kingsgate Road, Sopwith Way and Richmond Road).

9. The application itself specifically concerns the eastern part of the station, adjacent to properties on Richmond Road and residential dwellings along Canbury Park Road and the student accommodation Quebec House.

10. The application site lies within flood zones 2 and 3a. 11. Richmond Road and the Railway embankments are designated as

'Green Corridors'. 12. The application site is designated as Proposal Site 10 (Kingston

Station) within the K+20 Kingston Town Centre Area Action Plan.

Proposal

13. There are two separate applications for conditions discharge relating to planning permission 12/12241/FUL for the platform extension:

14. Application 13/12817/COND relates to details required by Condition 4 (Landscaping) and application 13/12692/COND, which is for the discharge of details required by Conditions 7 (noise), 8 (lighting) and 10 (site works) for Planning Permission 12/12241/FUL.

15. The Development Control Committee requested that conditions 5 (landscaping implementation) and 7 be reported back to Committee for approval.

Assessment






• Trees


• Sustainability



16. The principle of extending the platform has already been agreed as part of the original permission 12/12241/FUL.


17. The current proposal does not involve any external alterations to the approved scheme, except detailed landscaping works (as discussed below).


18. Condition 7 requires a scheme to mitigate noise disturbance and the submission of an acoustic report.

19. The applicant has submitted an acoustic report which assesses the potential impact due to noise associated with the operation of the platform extension, i.e. station announcements and noise from people, impacting upon the nearby existing and proposed residential properties. This involved the completion of a noise survey over a 24 hour period. This report has been prepared in consultation with the Environmental Health Officer on the appropriate methodology and standards.

20. The platform extension includes a 1.8 m high barrier which mitigates noise levels to a degree. The report notes that two PA loudspeakers are proposed to provide additional coverage across the extended platform, which as indicated in the report are to be mounted on the fence post 2.3 m above the platform level. The station announcements in the platform extension will not take place after 19:00 pm or before 0700 am. Noise limits have been set on the PA station announcement system in order to meet appropriate noise emission limits.

21. The Environmental Health Officer notes the difficulties in objectively assessing some of the noise sources that have been brought to their attention, but considers that the report has applied an appropriate range of guidance and British Standards and has made reasonable conclusions and recommends that the condition is discharged.

22. Condition 8 requires the submission of a lighting scheme. The applicant has submitted an external lighting report which notes that lighting will be programmed to be on during operational hours only (based on current timetables between 5 am and 1 am). The report notes that lighting spill from bulkhead luminaires will provide no more additional light within the immediate 3 m zone behind the platform than a typical overcast, moon lit night, with 2-3 lux anticipated. At 5m behind the line illumination levels will be around half of 1 lux or less.

23. The report has been examined by the Environmental Health Officer who advises that the report applies appropriate guidance and the lighting scheme as designed indicates that there will be no significant adverse impact on residential amenity.

Highways & Parking

24. Condition 10 relates to site works details e.g. loading, temporary site access, signalling of traffic and traffic management. These details are being reviewed by the Neighbourhood Traffic Engineer and his comments will be reported at the Committee meeting.

Trees

25. There were a number of trees and other vegetation along the northern embankment of the railway that were required to be removed in order to extend platform 3. None of these trees were protected by a Tree Preservation Order and all were within the ownership of Network Rail.

26. Prior to the determination of the original application for the platform extension Network Rail removed all the trees and shrubbery along the northern embankment in the location of the proposed platform extension. No planning permission was required to remove these trees.

27. Application 13/12817/COND details the proposed landscaping along this northern embankment in a strip of land to the rear of the platform extension. The Tree and Landscape Officer considered that the initial landscaping proposal was not acceptable due to the insufficient level and type of replacement planting. Network Rail have undertaken their own consultation exercise with local residents in respect of landscaping details. The adjacent development at 16-18 Richmond Road also sought to limit the density of screening adjacent to their site that could potentially reduce light into the future development. Detailed discussions have taken place and the revised submission is now considered acceptable and provides and appropriate mix of trees and smaller shrub planting extending well to the east of the platform extension itself (the platform extension itself is additionally screened by 1.8m high translucent and solid panels).

28. The scheme has been amended to address the concerns of the Tree and Landscape Officer and provides appropriate replacement planting and screening. The revised submission is considered acceptable.

Legal Agreements

29. There is no legal agreement required as part of this proposal.

Sustainability

30. There are no sustainability issues associated with this submission.


31. There are no other issues to be considered as part of this application.

Recommendation: DISCHARGE CONDITIONS 4, 7, 8 & 10




Address: 15 (COMBINED HOUSE) WHEATFIELD WAY, KINGSTON UPON THAMES, SURREY, KT1 2PA



Ward: Grove Description of Proposal: Change of Use of levels 6 - 11 from Offices (B1) to

160 bedroom Hotel (C1), including alterations to roof plant, bin store and adjoining landscaped area.



01E Proposed 6th Floor Received 20/09/2013 02E Proposed 7th Floor Received 20/09/2013 03E Proposed 8th-11th Floor Received 20/09/2013 05D Proposed Ground and Site Received 17/12/2013 06 Proposed Bin Store Received 20/09/2013 07A Existing 6th and GR Received 20/09/2013 08A Existing 7th Floor Received 20/09/2013 09A Existing 8th Floor Received 20/09/2013 100A Location and Block Plan Received 17/12/2013 101D Proposed Front Elevation 1 Received 17/12/2013 102D Proposed Rear Elevation 2 Received 17/12/2013 103E Existing Rear Elevation Received 17/12/2013 105E Proposed Ground Received 17/12/2013 106 Window Detail Received 20/09/2013 108 Alternate Bin Store Received 17/12/2013 109 Bin Store sections X-X Y-Y Received 17/12/2013 10B Existing Side Elevations Received 20/09/2013 11B Existing Rear Elevations Received 20/09/2013 12B Existing Front Elevations Received 20/09/2013 13B Existing Roof Plan Received 20/09/2013 BREEAM Pre-assessment Report Received 20/09/2013 Construction Management Plan Received 20/09/2013 Design and Access Statement Received 20/09/2013 Energy Statement Received 20/09/2013 Flood Risk Assessment Received 20/09/2013 Flood Risk Assessment Appendices Received 20/09/2013 Marketing Report Received 20/09/2013 Noise Survey Received 20/09/2013 Planning Statement Received 20/09/2013 Secured By Design Response Received 16/10/2013 Transport Statement Received 20/09/2013

BASIC INFORMATION


Development Plan:

London Plan July 2011 LDF Core Strategy Adopted April 2012

Policies

LONDON PLAN JULY 2012 LP 4.1 Developing London’s economy LP 4.2 Offices LP 4.4 Managing industrial land and premises LDF CORE STRATEGY CORE POLICIES CS 01 Climate Change Mitigation CS 05 Reducing the Need to Travel CS 06 Sustainable Travel CS 07 Managing Vehicle Use CS 08 Character, Heritage and Design CS 11 Economy and Employment CS 12 Retail and Town Centres LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM01 Sustainable Design and Construction Stan DM02 Low Carbon Development DM03 Designing for Changing Climate DM04 Water Management and Flood Risk DM08 Sustainable Transport for new Developmen DM09 Managing Vehicle Use for New Development DM10 Design Requirements for New Developments DM11 Design Approach DM17 Protecting Existing Employment Land and DM22 Design for Safety LDF CORE STRATEGY IMPLEMENT POLICIES IMP3 Securing Infrastructure K+20 AREA ACTION PLAN K+ K04 Employment Development within the Town C K+ K06 Provision of Facilities for Arts etc K+ K09 Design Quality in the Town Centre K+ K16 Public Transport K+ K18 Cycling K+ K20 Town Centre Parking K+ K23 S106 Planning Obligations and Developer K+ K24 Flood Risk Management K+ P3 Eden Quarter - East of Eden Street and A


89/0078/FUL Redevelopment to provide 1660 Permit 5 Year Condition

sq m office space, 1333 sq m retail floor space; 743 sq m restaurant/take away and 22 flats.

and Conditions 25/10/1989

Consultations

1. Neighbouring Occupiers: notification letters were sent to 67 addresses. The proposal was also advertised by way of a site notice and press notice. No response has been received to date.

2. Neighbourhood Traffic Engineer: No objection in principle, subject to conditions. Further details set out below in this report.

3. Environment Agency: Refer to Standing Advice. 4. English Heritage (Archaeology): No objection, the proposal is unlikely

to have a significant effect on heritage assets of archaeological interest.

5. Metropolitan Police (Designing Out Crime): Initial areas of concern regarding CCTV and general security have been generally addressed by the applicant.

6. Carbon Reduction and Sustainability Officer: No objection, subject to conditions. Further details set out below in this report.


7. Combined House is a 12 storey building which comprises a multi storey car park on levels 1-5 and offices on levels 6 -1. It forms part of a larger development fronting Fairfield West and Wheatfield Way, and bounded on the remaining sides by Weston Park, Lady Booth Road, and the rear of premises on Eden Street. The entire complex includes a second similar tower block (International House, now the Travelodge hotel), a National Car Parks multi-storey car park, and retail premises.

8. The present complex was originally developed in the mid 1970's and completed in 1976.

9. The application site lies to the west of Wheatfield Way facing the Fairfield/Knights Park Conservation Area and listed Museum, Art Gallery and Library.

Proposal

10. Planning permission is sought for the change of use from offices (B1 use class) to an hotel to create 160 bedrooms on levels 6-11 inclusive (and including the street level front entrance and lift shafts/service cores/plant rooms at levels 1 - 5). The levels below are a multi storey car park.

11. Floor six would be the hotel reception with restaurant (No. of covers 106) and ancillary bar.

12. Access would be via the existing ground-floor entrance on Wheatfield Way. The current doorway is adjoined by a small landscaped area and it is proposed that this is modified to provide a ramp to a concealed refuse bin storage area, which would be located in an excavated area

below the car park ramp. 13. The application also proposes changes to the roof plant. The existing

plant at roof level would be replaced with modern efficient units, which also facilitates the removal of all external condenser units currently mounted in windows in the main elevations. Integrated ventilation louvres are proposed on the rear elevation at level 7.

14. The existing windows would be replaced with double glazed powder coated aluminium to match the existing. The dimensions of the rooms do not allow a perfect match between the rooms and the existing windows and as a result part of some windows is proposed to be blanked out. To avoid an irregular pattern of blanked out windows; the application proposes that all external glazing would be fitted with a reflective tinted glass to maintain a uniform external appearance of the retained and blind windows.

15. It is estimated that the hotel will employ approximately 45 employees, of which approximately 30 would be full-time and 15 part-time.

Assessment






• Trees


• Sustainability



16. This application proposes the loss of B1 (a) floorspace amounting to of 5,412m² on Wheatfield Way which is located within Kingston Town Centre. The site forms part of a complex comprising a similar block (International House) a multi-storey car park and retail uses at ground floor level.

17. The accompanying Planning Statement advises that although the tenancy of Combined House is not coming to an end until 2016, the tenant has given notice that they intend to vacate early in favour of moving to more suitable and modern premises. Also, the tenant has advised that he will vacate much earlier than previously expected, and pay a premium to do so. The reason cited for early departure is that the offices are unsuited to modern requirements and cannot be upgraded, as the building is 40 years old, the ceiling heights are too low (2.3m) to allow services ducting, and the floor plates are awkward.

18. Combined House has been marketed from February 2013, at the £15/sq ft rent with inducements, which is the same rental as was sought seven years earlier, representing a discount to current market

rents in Kingston. It is advised that there has been no meaningful interest to date.

19. The applicant states that the adjacent similar building type of International House, when it became vacant and before it received permission for change of use to an hotel, was subject to a £0.6 million refurbishment project. Despite that, it was still not of commercial interest.

20. The NPPF is very explicit about securing economic growth in order to create jobs and prosperity. Paragraph 19 is clear that significant weight should be placed on the need to support economic growth through the planning system and the guidance goes on to say that local authorities should plan proactively to meet the development needs of business and support an economy fit for the 21st Century. Nevertheless, the guidance also says that planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose.

21. At a regional level London Plan Policy 4.1 - Developing London's Economy encourages the promotion and development of a strong, sustainable and increasingly diverse economy across all parts of London. This should be done by ensuring the availability of sufficient and suitable workspaces in terms of type, size and cost. Policy 4.2 - Offices directs local authorities to enhance the environment and offer of London's office locations in terms of physical attractiveness, amenities, ancillary and supporting activities as well as services, accessibility, safety and security. It states that strategies should be put in place to manage long term, structural changes in the office market, focusing new capacity where there is strategic, as well as local evidence of demand, encouraging renewal and modernisation in viable locations and supporting changes of surplus office space to other uses.

22. Local policy is set out in Core Strategy policy CS11 - Economy and Employment and accords with the national and regional policy stance. It commits the Council to building on the economic strengths of the Borough by promoting the development of a diverse and flourishing economy and ensuring that land and premises are available for both traditional and industrial and office based employment activities under use classes B1, B2 and B8. Policy DM17 - Protecting Existing Employment Land and Premises (part A) specifically protects all employment premises in Kingston Town Centre in order to develop its role as a successful, sustainable Metropolitan Town Centre. This approach will not only meet the needs of businesses but aims to offer a range of employment opportunities for local residents. Policy DM17 states that "Alternative uses will not be acceptable unless it has been demonstrated by sound evidence and rigorous marketing over a number of years (up to 2 years) that there is no quantitative or qualitative need for a range of employment uses."

23. Policy K4 of the K+20 Action Area Plan (AAP) (Employment Development within the Town Centre) states that 'the Council will promote the town centre as an office and business centre and improve the quality and range of office and business accommodation by encouraging and supporting:

(a) development proposals that incorporate high specification B1 office space, in a range of unit sizes, especially in the vicinity

of Kingston Station (Proposal Site P10); (b) the redevelopment and improvement of the existing office

stock; (c) the provision of workshop, studio, exhibition space and

offices suited to the needs of the 'creative industries' sector. 24. Development proposals resulting in a net loss of B1 office floorspace

will only be acceptable if office floorspace is re-provided as part of mixed-use development of the site, or the loss of the office floorspace is outweighed by the achievement of other AAP objectives through the proposed development.

25. There is also a recognised need for hotel accommodation in Kingston Town Centre. As the application site forms part Proposal Site P3b as defined by the Kingston Town Centre Area Action Plan, 2008, Policy P3 should be considered. It states that the Council will work with land and property owners, developers and TfL London Buses to secure the comprehensive redevelopment and upgrading of this site to provide high quality mixed use development including retail facilities, residential, offices, a hotel or community uses and improved pedestrian links from Wheatfield Way to Eden Street. Policy K6 supports this position by stating that the Council will assess planning proposals for hotels, other than on Proposal Sites P12 (Northern Riverfront) or P17 (Former Power Station) on their merits.

26. An additional consideration when assessing the loss of office accommodation is the recent Government changes to permitted development legislation. On 30th May 2013 Part 4, Class J of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) came into force which allows for the conversion of offices into residential accommodation, subject to considerations on flood risk, highways and land contamination. This could potentially allow for the conversion of the existing office space into residential accommodation without the requirement for planning permission.

27. Whilst the application site has been marketed for less than 1 year, there is a more lengthy history of unsuccessful marketing of International House for office purposes. It is also noted that the Council's evidence base on the subject of industry and the economy is outdated. For example, the Employment Land Review, 2008 was produced prior to the economic downturn and the structural changes that have resulted from this process. In addition, there is anecdotal evidence to suggest that some office accommodation in the Borough is surplus to requirements and/or unfit for purpose.

28. Having regard to these policies, it is considered that the principle of the change of use from offices to a hotel is acceptable.


29. As noted in the preceding 'Proposal' section, the scheme includes replacement plant equipment at roof level. Given the height of the proposed equipment and the height of the building itself, this equipment would not be visible in close views. However, it would be visible in longer views of the application site and therefore it is considered appropriate to require a screen around the roof plant, with full details to be reserved by condition.

30. The replacement roof plant also allows the removal of the external air conditioning units within the windows on all main elevations, which is supported.

31. The existing entrance onto Wheatfield Way would be unchanged. 32. The proposed sub-division and conversion of the open plan floors to

hotel rooms does not align the rooms with all the windows. All windows openings are shown as retained, but in some instances where the walls do not align, part of windows are shown to be blanked out. The outer leaf of all windows is shown to be fitted in reflective tinted glass, as a means of maintaining a uniform external appearance of the retained and blind windows. This is a similar approach to that used in International House, which incorporated a reflective film. These measures will satisfactorily conceal the internal sub division, and the unsightly external air conditioning units within window openings are removed.

33. The existing GRC panels on the main elevations are weathered and it is proposed to redecorate these in a specialist Sika paint system for longevity. This system has already been used on the adjacent International House and would enable the two buildings to more closely match in appearance.

34. The external changes associated with this application are of a relatively minor nature. Whilst it is unfortunate that the layout of some of the proposed rooms does not fit within the constraints of the existing building, necessitating a number of design solutions, it is considered that the impact upon the external appearance of the building is such that it would not be justified to refuse the scheme on this issue.


35. The closest residential properties are in Caversham House in Lady Booth Road, adjacent to the existing servicing ramp. The main entrance to the hotel would be on Lady Booth Road, close to the junction with Wheatfield Way.

36. The proposal will result in a different pattern of use when compared to the existing offices. At present it is reasonable to assume that the majority of 'comings and goings' are during the daytime, however, with the proposed use the activity will extend into the evenings and nighttime. Whilst this change in activity may be noticeable, given the existing activity levels along Wheatfield Way and Eden Street in particular, it is not considered that this change in activity would in itself lead to any material, adverse impact upon the residential amenities of these occupiers.

Highways & Parking

37. There is no specific parking standard for a hotel, however, it should be noted that the proposed hotel is located above a public car park.

38. The Transport Statement anticipates that the vehicle trips generated by the proposed hotel will be 9 vehicle trips fewer in the AM peak period compared with the permitted office use. Overall, the hotel would have a higher level of vehicle trips per day at 263 compared to the existing

200. This increase is largely in the off peak periods. The Neighbourhood Traffic Engineer does not consider that this would result in a detrimental impact on the capacity of Wheatfield Way or surrounding roads.

39. The principal delivery services would relate to incoming food and drink supplies for the bar and restaurant and laundry, with dirty linen and uncontaminated trade waste (mainly room waste, paper and small volumes of food) leaving. In the current office use, loading and unloading takes place in the adjoining Lady Booth Road. Office supplies and trade wastes are trollied along the pavement to vehicles parked in Lady Booth Road at a dedicated deliveries lay-by. For the proposed hotel use all collections and deliveries (laundry, provisions and trade waste) will continue to be taken by trolley to that lay-by.

40. Other servicing solutions have been investigated, but there are no practical alternative delivery options, as Combined House does not have access rights over the service area to the rear of the building, which is also used by the retail units located on Adams Walk.

41. The Neighbourhood Traffic Engineer advises that should approval be given, it would be appropriate to impose a condition to ensure that the applicant develops a travel plan. Also, that cycle parking (for 6 cycles) should be provided in accordance with the London Plan, and could be secured by condition.

42. The proposal does not provide any parking, including parking for persons with disabilities. In this respect it is noted that there are disabled parking spaces on the first floor level of the adjacent NCP car park at the south end, close to a lift arriving at street level on the right hand side (when facing the building) of the front door of the proposed hotel.

43. It is noted that as part of planning permission 10/12167/FUL (for the subdivision of the Argos store to provide a mix of retail and restaurant units and associated works), there was a requirement to provide 24 cycle racks to be provided in the landscape area in front of Combined House. Should this permission be implemented the applicant has proposed that these racks will be relocated onto the area of land fronting onto Wheatfield Way.

44. In conclusion, subject to appropriate conditions and a legal agreement (see below), it is considered that the impact upon highways and parking is acceptable.

Trees

45. There are no trees affected by this proposal. The existing area of landscaping in Lady Booth is shown retained, with minor alterations to allow the provision of a pedestrian ramp to the refuse area.

Legal Agreements

46. In accordance with the Planning Obligation SPD, it is appropriate for the development to make an appropriate contribution towards transport and environmental improvements in the area to mitigate against the environmental impact of this change of use on the local infrastructure.

47. The applicant has agreed to offer a financial contribution of £40,000 towards the resurfacing of footways, improvements to pedestrian amenity and safety and the public realm of Lady Booth Road and Wheatfield Way in the vicinity of the site, and an additional £330,000 towards the costs of Kingston Gateway 2 at the junction of Fairfield North with Wheatfield Way. This is to improve pedestrian safety and public realm at this important gateway to the town centre, and will be a contribution towards a scheme with an estimated cost of £1,875,000·

Sustainability

48. The applicant has submitted a BREEAM pre-assessment report detailing how the proposed development would target a 'Very Good' rating, which falls below RBK Core Strategy requirements of 'Outstanding' for major developments. However, it is appreciated that 'Outstanding' is a very high target that is not possible for a large number of developments to achieve, therefore 'Excellent' would normally be deemed a more appropriate and reasonable target.

49. Within the BREEAM pre-assessment report, it is explained that there are a significant number of points that are not possible due to site constraints (as the proposal is for a refurbishment) and because of existing supply chain agreements related to the occupant being a Premier Inn Hotel. However, some categories which are arguably more important concerning a building's sustainability, such as reductions in CO2 emissions and water consumption, do achieve higher 'Excellent' level scores. The Energy Statement provides details of how carbon emissions will be reduced by 33.5% beyond building regulations requirements through using an Air Source Heat Pump for hot water demand and improved insulation, which is above the score needed for 'Excellent', and which also meets London Plan Policy 5.2 requirements. The development also meets the required levels for reducing water and energy consumption for an 'Excellent' level building.

50. It is demonstrated that there are compelling reasons why a higher score cannot be achieved within reasonable constraints. Therefore, the Climate Change Officer is satisfied with the measures proposed, subject to conditions to ensure that the development satisfies BREEAM Very Good accreditation.


51. Flooding: The site is within the Environment Agency's defined flood risk zone 2 (Medium Risk). The application is accompanied by a Flood Risk Assessment in accordance with Policy K24 of the K+20 AAP. The proposed use as a hotel is classified as a more vulnerable use. The hotel sleeping accommodation is on floors six and above. The ground floor entrance is at a level of 900mm above the 1 in 1000 annual probability flood level, and over 1.5m above the 1 in 100 annual probability plus allowance for climate change flood level, therefore continuous safe access will be available.

52. As a change of use application there will be no changes to the surface water drainage arrangements. In summary, the future occupants will be

safe and there will be no increase in flood risk elsewhere, thus meeting the requirements of the NPPF.

53. Archaeology: The site is within an archaeological priority area. The English Heritage Archaeology advisor have confirmed that, as this is a change of use proposal, no further assessment or conditions are required.

54. Accessibility: Policy DM10(o) requires public access to all major developments to ensure that they are socially inclusive and accessible to all users. The London Plan Policy 4.5 requires 10 % of all new hotel bedrooms to be wheelchair accessible. The proposed hotel includes 16 universally accessible rooms (which are shown to be located on floors 6-11 inclusive), which equates to 10% of all hotel bedrooms and is therefore policy compliant in this respect. A condition is recommended to ensure provision and retention of the universally accessible rooms.

Recommendation:

Approve subject to the following conditions:




01E Proposed 6th Floor 20/09/2013 02E Proposed 7th Floor 20/09/2013 03E Proposed 8th-11th Floor 20/09/2013 06 Proposed Bin Store 20/09/2013 07A Existing 6th and GR 20/09/2013 08A Existing 7th Floor 20/09/2013 09A Existing 8th Floor 20/09/2013 10B Existing Side Elevations 20/09/2013 11B Existing Rear Elevations 20/09/2013 12B Existing Front Elevations 20/09/2013 13B Existing Roof Plan 20/09/2013 106 Window Detail 20/09/2013 Marketing Report 20/09/2013 Planning Statement 20/09/2013 Design and Access Statement 20/09/2013 Noise Survey 20/09/2013 Construction Management Plan 20/09/2013 BREEAM Pre-assessment Report 20/09/2013 Flood Risk Assessment 20/09/2013 Transport Statement 20/09/2013 Energy Statement 20/09/2013

Flood Risk Assessment Appendices 20/09/2013 109 Bin Store sections X-X Y-Y 17/12/2013 05D Proposed Ground and Site 17/12/2013 100A Location and Block Plan 17/12/2013 102D Proposed Rear Elevation 2 17/12/2013 105E Proposed Ground 17/12/2013 108 Alternate Bin Store 17/12/2013 101D Proposed Front Elevation 1 17/12/2013 103E Existing Rear Elevation 17/12/2013 Secured By Design Response 16/10/2013


3 The development hereby permitted shall not be commenced until details of secure cycle parking facilities for the occupants of, and visitors to, the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory cycle storage facilities and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012.

4 Prior to construction, a BREEAM Very Good interim design stage certificate should be submitted to the Local Planning Authority.

Reason: In the interests of sustainability and energy conservation in accordance with Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012.

5 Within 6 months of completion, a BREEAM Very Good final certificate should be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of sustainability and energy conservation in accordance with Policy MW3 of the Royal Borough of Kingston Upon Thames Unitary Development Plan First Alteration, Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012.

6 The development shall be implemented and maintained in accordance with the "Secure by Design Response" details accompanying this application.

Reason: In order to incorporate appropriate secure by design principles and in the interests of proper planning.

7 A Travel Plan, containing a package of measures for reducing the number of vehicle trips to the site by staff and visitors, shall be implemented upon the development being brought into first use, and in accordance with details to be submitted to, and approved by the Local Planning Authority prior to the commencement of development. The Travel Plan shall include an action plan with timescales for the implementation of the proposed measures, details of an ongoing programme of monitoring and review and targets for reductions in car use. Monitoring and review shall include the submission of annual travel plan update report for the approval of the Local Planning Authority which contains the results of annually repeated staff travel surveys and demonstrates progress towards meeting targets.

Reason: To ensure that sustainable transport methods are encouraged and implemented in accordance with Policies CS5 (Reducing the Need to Travel) and CS6 (Sustainable Travel) of the LDF Core Strategy Adopted April 2012.











(j) The parking of vehicles of the site operatives and visitors

(k) The erection and maintenance of security hoarding.

(l) A scheme for recycling/disposing of waste resulting from demolition and construction works (Major Applications).


9 The development shall be completed and maintained in accordance with the following details which shall have been submitted to and approved in writing by the Local Planning Authority, before building operations commence:

(a) Refuse storage facilities and recycling facilities.

(b) Elevations detailing refuse/recycling store.

(c) Detailed plan and elevations of all external roof plant and equipment, including the provision of a screen to conceal the roof plant within an open enclosure.


10 The 16 universally accessible rooms located on floors 6-11 inclusive and as shown on the proposed plans, shall be provided and retained for the lifetime of the development.

Reason: In the interests of the wheelchair occupants in order to comply with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012, and Policies 7.2 (An Inclusive Environment) and Policy 4.5 (London's Visitor Infrastructure) of the London Plan July 2011 and comply with Supplementary Planning Document 'Access for All' (July 2005).

Informative(s)

1 In order to achieve a Code Level, the development must be assessed by a registered Code Assessor. A List of Code Assessors can be found at: <http://www.greenbooklive.com> In order to achieve the best score possible a Code Assessor should be involved in the design process of the development at an early stage to provide advice on the best sustainability measures to implement to achieve the targeted Code Level. For more information visit: <http://www.communities.gov.uk/planningandbuilding/sustainability/codesustainablehomes/>

2 For more information on developing the Travel Plan you are advised to contact the Council's Sustainable Travel Group on 0208 547 5758 or email [email protected]

3 In respect of condition 3, secure and covered cycle parking should be placed near to the staff and public entrance, so that it can be used by both staff and visitors. Secure cycle stands should readily allow the

cycle frame and wheels to be locked to an immovable object. The “Sheffield” style inverted u- shaped stands or lockable cycle cages/ bins are recommended. Details of the cycle parking should be provided by the applicant.

4 Section 278 Agreement Depending upon the works proposed it may be necessary to enter into a S278 agreement with the applicant, to allow the applicant to carry out works on the public highway.

5 Advanced Notice of Works The proposals may lead to disruption to users of the highway network in the Borough. As a result the applicant should contact the Boroughs Street Works Team (0208 547 5002. This must take place at least one month prior to works commencing, and is required under the New Roads and Street Works Act 1991, and the Traffic Management Act 2004, in order to satisfy the licensing requirements of the Highways Act 1980.

6 In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.

7 You are advised that this planning permission has an accompanying Planning Obligation/Legal agreement which requires the payment of a Financial Contribution towards the Transport Fund/Environmental Improvements/Other Obligations.




Address: NETWORK RAIL LTD, KINGSTON RAILWAY STATION WOOD STREET, KINGSTON UPON THAMES, SURREY, KT1 1UJ



Ward: Grove Description of Proposal: Variation of condition 9 (hours of works) of planning

permission 12/12241 (Erection of extension to platform 3 including extension to existing bridge over Richmond Road)


BASIC INFORMATION


Development Plan:


Policies

LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM10 Design Requirements for New Developments

N/A


12/12241/FUL Erection of extension to platform 3 including extension to existing bridge over Richmond Road.

Permit with conditions 15/02/2013

13/12692/COND

Details required by Conditions 7 (noise), 8 (lighting) and 10 (site works) for Planning Permission 12/12241/FUL

13/12817/COND

Details required by Condition 4 (Landscaping) for Planning Permission 12/12241/FUL relating to the platform extension.

Consultations

1. Neighbouring Occupiers: 191 letters of notification were sent to neighbouring occupiers: 3 letters of objection have been received from residents of Canbury Park Road on the following grounds:

(i) Noise and disturbance during the nighttime which would make it impossible to sleep. It is reported that Network Rail have already breached this condition by working on Sunday 10th November at 6.25 am with noisy chain saws. (ii) Loss of privacy as a result of railway workers

being able to look into neighbouring properties at the weekend when residents are generally at home.

(ii) The removal of the condition would allow any works to be carried at any time, it would be more appropriate to agree a detailed schedule of permitted hours.

2. Environmental Health Officer: It is accepted that for justifiable health and safety reasons works that are sufficiently near to railway lines can only be carried out when the contractor has "possession" of the line. Possessions (line closures) are for obvious reasons not practicable during the daytime and therefore night works are often necessary. Given the scale of this project it is considered necessary for Network Rail or its contractor to make an application to the Environmental Health Service for approval of their proposed works, method of operations and working hours under the Control of Pollution Act 1974, Section 61 Prior Consent application. The working hours can be dealt with via the S61 Consent.

3. Neighbourhood Traffic Engineer: Support this application. Undertaking works of this nature during the daytime would result in significant congestion and delays for all traffic and buses in the Kingston and surrounding area. This would not be permitted by either the Street Works Team or by Transport for London on these grounds. It is imperative that the works are undertaken at night time to limit as much as possible the impact on the surrounding road network.

4. The works will enable longer trains to operate to Kingston and this will significantly increase the capacity of public transport to the Borough, and supports policies to encourage and improve the provision of public transport within the Borough. The wide ranging benefits to the Borough of these works are significant, and as a result this application is supported.


5. The application site concerns Kingston Railway Station which is a primary gateway into the town. Kingston Railway Station is located in the middle of the one-way system which includes the A307 & A308 (Clarence Street, Kingsgate Road, Sopwith Way and Richmond Road).

6. The application itself specifically concerns the eastern part of the station, adjacent to properties on Richmond Road and residential dwellings along Canbury Park Road and the student accommodation Quebec House.

7. The application site lies within flood zones 2 and 3a. 8. Richmond Road and the Railway embankments are designated as

'Green Corridors'. 9. The application site is designated as Proposal Site 10 (Kingston

Station) within the K+20 Kingston Town Centre Area Action Plan.

Proposal

10. Planning permission was granted on 15 February 2013 (reference 12/12241/FUL) for the extension of platform 3 of Kingston Railway

Station to allow the lengthening of the platform by 44.5 m in order to accommodate 10/12 carriages, compared to the 8 currently used. The extension would extend to the east of the existing platform and would be 2.5 m wide. The extension to the platform involves the extension to the existing bridge suspended above Richmond Road.

11. Condition 9 of this permission states: The site and building works required to implement the development shall only be carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 08.00 and 13.00 Saturdays and not all on Sundays and Bank Holidays.

12. Due to safety reasons Network Rail are unable to comply with condition 9 and seek the removal of this condition. The railway at this location is fully operational throughout the times set out in condition 9 and due to health and safety regulations, it is not possible to undertake all of construction works during these periods. To work within the hours set out in condition 9 would require full closure of the line between London and Kingston and further afield. The main closures of the railway envisaged would be overnight at weekends to allow for minimal disruption to the railway services.

13. Network Rail advise that the works are due to begin at the beginning of February. This will consist of 2 weeks of piling (day works). Following this there will be 6 weeks of platform construction works (day works and some night times works during possession). On the 6th March the new structure will be lifted in to facilitate the platform over the road (this will require possession), and works are due to be completed by the 30th March.

14. Network Rail state that most works will be undertaken without possessions where possible. The majority of the construction will be done during the day Monday to Friday.

15. Works which require possession of the operational railway when the works can interfere with a running train are:

(1) Being constructed within 2m of the running edge. (2) With equipment that can foul the line from falling over or

swinging into the path of a train. (3) When the signalling system has to be turned off, or the track is

removed. (4) During the signalling commissioning works both the track and

signalling issues come into play and also the construction of the platform bridge deck being lifted into place as this is within the 2 metres of the running line and also can swing into the path (Swept Envelop) of the train.

(5) The road can only be closed at night and therefore this is when the works need to be undertaken to lift the platform bridge into place without compromising safety.

16. The applicant has advised that prior to any works commencing Network Rail and its contractors will apply for Prior Consent under Section 61 of the Control of Pollution Act 1974.

Assessment






• Trees


• Sustainability



17. The principle of extending the platform has already been agreed. The main issue in respect of this application relates to the impact on residential amenity resulting from the hours of operation of building works.


18. There are no external alterations proposed as part of this application for removal of condition 9.


19. Network Rail state that the majority of the work will be done during the day Monday to Friday, including the initial two week period for piling. As set out above, there are works that require the closure of the railway, and this can only reasonably be done overnight, otherwise this would have significant implications for rail users for Kingston Station and the whole rail line between Waterloo and Shepperton/Richmond.

20. Network Rail are unable to commit to an agreed timetable of overnight works given the complexities of the operations. However, it is suggested that a revised condition is attached, which specifies that :

21. The site and building works required to implement the development shall only be carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 08.00 and 13.00 Saturdays and not all on Sundays and Bank Holidays, except when undertaking works which necessitate the closure of the rail line, or the closure of Richmond Road; or where works are required to meet a possession deadline.

22. Such an amended condition would protect the amenity of neighbouring residents and allow the overnight working only in appropriate circumstances.

23. It is also noted that Network Rail are able to undertake any works associated with the maintenance of the existing rail line at any time, and the majority of works proposed could technically be considered permitted development under Part 17 of the (GPDO) and this would not be subject to planning conditions.

24. The applicant has also confirmed that Network Rail or its contractors

will be making a separate application for Prior Consent under Section 61 of the Control of Pollution Act, which will relate to the detailed method of operations and working hours.

Highways & Parking

25. There are no highway implications associated with this proposal.

Trees

26. There are no trees or landscaping issues associated with this proposal.

Legal Agreements

27. No legal agreements are necessary.

Sustainability

28. There are no issues of sustainability associated with this proposal.


29. The proposal does not raise any other issues which have not previously been addressed as part of the original planning approval for the platform extension.

30. All conditions previously applied are included with this decision, as modified by this recommendation.

Recommendation:

Approve subject to the following conditions:

1 The development hereby permitted shall be commenced within 3 years from 15 February 2013, which is the date of the original decision (12/12241/FUL).


2 The development hereby permitted shall be carried out in accordance with the following plans and documents approved as part of the original application 12/12241/FUL:

The development hereby permitted shall be carried out in accordance with the following approved plans: Design and Access Statement, Site Location Plan, Block Plan, Existing plan, Proposed Management Plan, 119799-DRG-PS27-001 P04, Lighting Details Plan Extract, Lighting Details Brochure Details, Route C Wessex,122521-SWA-LAY-EP-086

A02 Sheet 1, 12/12241/FUL


3 The development shall be completed in accordance with the following details which shall have been submitted to and approved in writing by the Local Planning Authority, before building operations commence.

(a) materials for the panels to the northern elevation of the platform extension and their external finishes (including their colour and texture).

(b) measures to prevent people accessing the gardens of properties on Canbury Park Road


4 No development shall commence until a landscaping scheme has been submitted to and approved in writing by the Local Planning Authority, to include replacement planting on the northern embankment to provide screening to the residential properties on Canbury Park Road. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only.


5 The landscape scheme as previously submitted and approved shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the areas shown to be so landscaped shall be permanently retained for that purpose. Alterations that affect these approved landscape details must be previously agreed to in writing by the local planning authority.


6 The station announcements shall not be carried out on the platform extension hereby permitted after 19:00 pm and before 0700 am.

Reason: In order that the lighting shall not cause nuisance to nearby occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

7 Before the development is commenced a scheme shall be submitted to and approved in writing by the Local Planning Authority to mitigate against noise disturbance affecting residential amenity. The scheme shall be implemented before the development is operational and thereafter permanently retained.

Reason: In order that the station announcements shall not cause nuisance to nearby occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

8 Prior to the commencement of development, an external lighting scheme shall be submitted to an approved in writing by the Local Planning Authority. The lighting scheme shall be operated in accordance with the approved details in perpetuity.

Reason: In order that the lighting shall not cause nuisance to nearby occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

9 The site and building works required to implement the development shall only be carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 08.00 and 13.00 Saturdays and not all on Sundays and Bank Holidays, except when undertaking works which necessitate the closure of the rail line, or the closure of Richmond Road; or where works are required to meet a possession deadline.

Reason: To safeguard the amenities of the adjoining residential occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

10 All works on site shall take place in accordance with the following details which shall have previously been submitted to and approved in writing by the Local Planning Authority prior to the commencement of work:






(f) Means of enclosure of the site.

(g) The parking of vehicles of the site operatives and visitors


Informative(s)


2 It is noted that condition 3 remains outstanding




Address: DEVELOPMENT AT 45-51 HIGH STREET AND 30, SOUTH LANE, KINGSTON UPON THAMES



Ward: Grove Description of Proposal: Demolition and redevelopment of site to provide a

part three, part four, part five storey building comprising 140 units of student accommodation (Sui Generis) and 388 sq m of flexible commercial floorspace (A1/A2/A3/B1) (retail, financial & professional services, restaurant or cafe, business)



1956-00-DR-0001 P01 Received 13/11/2013

1956-00-DR-0009 P01 Received 13/11/2013

1956-00-DR-0010P01 Received 13/11/2013

1956-00-DR-0011 P01 Received 13/11/2013

1956-00-DR-0012 P01 Received 13/11/2013

1956-00-DR-0013 P01 Received 13/11/2013

1956-00-DR-0020 P01 Received 13/11/2013

1956-00-DR-0030 P01 Received 13/11/2013

1956-00-DR-0100 P01 Received 13/11/2013

1956-00-DR-0109 P02 Received 13/11/2013

1956-00-DR-0110 P02 Received 13/11/2013

1956-00-DR-0111 P02 Received 13/11/2013

1956-00-DR-0111-P03 Received 08/01/2013

1956-00-DR-0112 P01 Received 13/11/2013

1956-00-DR-0113 P02 Received 13/11/2013

1956-00-DR-0114 P02 Received 13/11/2013

1956-00-DR-0116 P02 Received 13/11/2013

1956-00-DR-0150 P01 Received 13/11/2013

1956-00-DR-0201 P01 Received 13/11/2013

1956-00-DR-0202 P01 Received 13/11/2013

1956-00-DR-0203 P01 Received 13/11/2013

1956-00-DR-0300 P01 Received 13/11/2013

1956-00-DR-0301 P01 Received 13/11/2013

1956-00-DR-0302 P01 Received 13/11/2013

BREEAM Framework Report Received 13/11/2013

Daylight & Sunlight Study Received 13/11/2013

Design & Access Statement Received 13/11/2013

Draft Delivery & Servicing Plan Received 13/11/2013

Energy Statement Received 13/11/2013

Flood Risk Assessment Received 13/11/2013

Framework Travel Plan Received 13/11/2013

Heritage Appraisal Report Volume I Received 13/11/2013

Historic Environment Assessment Received 13/11/2013

Letter from Savills Received 13/11/2013

Outline Student Management Plan Received 20/11/2013

Planning Statement Received 13/11/2013

Statement of Community Consultation Received 13/11/2013

Sustainability Statement Received 13/11/2013

Transport Assessment Received 13/11/2013

BASIC INFORMATION


Development Plan:


Policies

LONDON PLAN JULY 2012 LP 2.15 Town centres LP 2.6 Outer London: vision and strategy LP 2.7 Outer London: economy LP 2.8 Outer London: transport LP 3.8 Housing choice LP 4.1 Developing London’s economy LP 4.2 Offices LP 4.3 Mixed use development and offices LP 4.4 Managing industrial land and premises LP 4.7 Retail and town centre development LP 4.9 Small shops LP 5.1 Climate change mitigation LP 5.11 Green roofs and development site environ LP 5.12 Flood risk management LP 5.13 Sustainable drainage LP 5.18 Construction, excavation and demolition LP 5.2 Minimising carbon dioxide emissions LP 5.3 Sustainable design and construction LP 5.7 Renewable energy LP 6.10 Walking LP 6.13 Parking LP 6.9 Cycling

LP 7.4 Local character LP 7.7 Location and design of tall and large bu LP 7.8 Heritage assets and archaeology LP 7.9 Heritage-led regeneration LP 8.2 Planning obligations LDF CORE STRATEGY CORE POLICIES CS 01 Climate Change Mitigation CS 02 Climate Change Adaptation CS 04 River Thames Corridor, Tributaries and t CS 06 Sustainable Travel CS 07 Managing Vehicle Use CS 08 Character, Heritage and Design CS 10 Housing Delivery CS 11 Economy and Employment CS 12 Retail and Town Centres CS 15 Future Needs of Kingston University, Kin LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM01 Sustainable Design and Construction Stan DM02 Low Carbon Development DM03 Designing for Changing Climate DM07 River Thames Corridor, Tributaries and t DM08 Sustainable Transport for new Developmen DM09 Managing Vehicle Use for New Development DM10 Design Requirements for New Developments DM11 Design Approach DM12 Development in Conservation Areas and Af DM15 Affordable Housing DM17 Protecting Existing Employment Land and DM18 New Employment Uses Outside Designated A DM19 Protecting Existing Retail Uses DM20 New Retail Development LDF CORE STRATEGY IMPLEMENT POLICIES IMP3 Securing Infrastructure K+20 AREA ACTION PLAN K+ K01 New and Enhanced Shopping Facilities K+ K02 Shopping Frontages and Use of Upper Floo K+ K04 Employment Development within the Town C K+ K07 Housing K+ K08 Higher and Further Education K+ K09 Design Quality in the Town Centre K+ K10 Town Centre Public Realm K+ K11 The Old Town Conservation Area K+ K13 Riverside Strategy K+ K18 Cycling


13/12328/FUL Redevelopment of site to provide a part three, part four, part five, part

Refuse Full Application

six storey building comprising 145 units of student accommodation (Sui Generis) and 496 sq m of flexible commercial floorspace (A1/A2/A3/B1) (retail, financial & professional services, restaurant or cafe, business)

22/07/2013

13/12329/CAC Demolition of building No's 45-51 High Street & 30 South Lane

Refuse 22/07/2013

Consultations

1. Neighbour Notification - 263 surrounding owner/occupiers have been consulted, and a site and press notice were displayed. 28 responses have been received, of which 27 raised objections to the proposal, with one response expressed support for the proposal.

2. Concerns raised within the letters of objection include: (a) The proposed development is still too large and still 5 storeys in

height which is a full storey higher than neighbouring properties on either side. The scale and mass has only marginally been reduced from 145 to 140 student rooms. The proposed building is out of scale with the character of the surrounding area (both High Street and South Lane) and would dominate the street scene.

(b) Inappropriate design concept, a large modern building with tall projecting bays and domical structures are not characteristic of Kingston upon Thames or the Kingston Old Town Conservation Area.

(c) The facade lacks details, apart from hideous upward lifting window shutters.

(d) The glass domes would be visible from the tow path and across the river in Home Park

(e) The South Lane facade is ugly and out of keeping and out of scale. Represents an overdevelopment of South Lane.

(f) The development would increase the traffic on the High Street and the Portsmouth Road.;

(g) 2 disabled bays and 1 loading bay are insufficient to allow for the parking and servicing of this building.

(h) The parking provision is not sufficient for the start and end of terms when students arrive or leave the accommodation, and cannot be adequately controlled. It would also impact on a daily basis. The application would exacerbate existing parking problems in the area (particularly at the weekend and over the Christmas period) and the application fails to identify and mitigate this impact.

(i) Locating the service access from South Lane will create an unsafe and noisy environment for local residents. South Lane is a shared surface with no public footway. Deliveries currently only take place on weekdays. The proposal continues the poor refuse service arrangements where vehicles have to reverse down a narrow shared surface in South Lane.

(j) On-street parking would become heavily congested.

(k) Over exacerbation of student accommodation development within the town centre which will become "ghettoised" by student accommodation.

(l) Increase noise pollution, disturbance, crime and anti social behaviour.

(m)Scale of the proposed building would result in overshadowing of properties in South Lane. 57 student flats would overlook South Lane.

(n) The surrounding area is characterised by family residential accommodation. This would be irreversibly altered if the development were allowed.

(o) The proposal will reduce the sense of safety of children who attend the beavers, cubs and scouts in South Lane.

(p) Loss of light. (q) Overlooking onto existing residential dwellings. (r) No smoking facilities have been provided as people will gather

on the streets or riverside to smoke and socialise. (s) Community Involvement - the public meeting held by the

developers was in September 2012, not all local residents were invited and the scheme was completely different. The initial scheme was also only for 120 student rooms.

(t) Small bats have been seen in the area. Question whether they are roosting within the existing buildings.

(u) No guaranteed linkage with Kingston University. (v) Will require significant work to aged drains and sewerage

creating further disturbance to residents of South Lane. 3. A petition of 116 signatures has been received opposed to the

development on the grounds summarised below:

• The original planning application for a 145-room accommodation was rejected in July on the grounds that the scale of the project was too large. Reducing the capacity from 145 rooms to 140 rooms does not constitute any meaningful reduction in scale.

• The proposed building will be serviced solely from the High Street, causing substantially increased traffic levels in an already busy stretch of road.

• The proposed development is in a Conservation Area and is not in harmony with the existing, surrounding buildings.

• The imposition of 140 students living so close to the town centre will exacerbate the problem of increased noise and anti-social behaviour.

4. Neighbourhood Traffic Engineer: No objection subject to conditions and legal agreement. Details set out in main report.

5. Kingston upon Thames Society - Support the current application. The Kingston Society previously objected to the application 13/12328/FUL on grounds that the earlier proposal represented a significant over development of a relatively small site which would overwhelm the other buildings in the vicinity.

6. The current application makes a significant contribution to satisfying these objections. The height has been reduced and the elevations in the High Street modified. They support this revised application which the Society consider makes a "distinguished contribution to the landscape of the Royal Borough".

7. Kingston Town Conservation Area Advisory Committee (CAAC) - Objection raised:

• The initial application for the development of this site was refused by reason of the scale and mass, which could have a detrimental impact on the character and appearance of the street scene and riverside setting. While the height of the proposed building is 3m lower than in the refused scheme we are still very concerned with the overall height of the building with the projected top floor of student rooms and plant area which appears to be excessive for the site. We consider the High Street frontage is acceptable, but sympathise with the fate of the South Lane residents, who could be committed to have to live with a bulky building shadowing their properties while having to absorb another 140 student residents as neighbours.

• We are impressed by the standard of the revised exterior design while complying with the apparent design brief of maintaining the maximum number of student rooms (140 instead of 146). This is presumably determined by viability considerations.

8. Kingston Police (Licensing Division)

• The application site is within the town centre cumulative impact zone for licensed premises.

• Concerns raised with regards to the possibility of late night opening hours for a restaurant and the cumulative impact this would have on the town centre. If the application were allowed, terminal hours should be conditioned.

• Customers and staff would have to use external areas for smoking.

• Increase in on-street parking.

• Kingston Police already have to deal with crime and disorder issues along the Thames riverside, often involving persons who have been consuming alcohol. Any increase in persons resident in the area who may use the riverside area is of concern to Police.

9. Metropolitan Police (Designing Out Crime): Detailed security advice provided.

10. Historic Royal Palaces - No objection is raised to the revised application. The current proposal for the new building reduces its height by one storey (approx. 3m) and that the students' communal area has been relocated to the ground level. As a result, the overall mass of the building appears more in keeping with that of the surrounding townscape and its potential for detrimental visual impact on Hampton Court Palace and Gardens (including key views and light spillage) has been reduced. This overcomes the previous concerns of the HRP.

11. Royal Parks - Any comments received will be reported as late material. 12. Kingston University:

The University does not currently have any relationship with this organisation and cannot foresee the outcome of any procurement process. They advise that whilst they do not object to the principle of student accommodation at this location, they object to the current application on the basis that the application is for studio flats and is therefore not reflective of the Universities preferences (which are for cluster flats); The University's "Student behaviour in the local community policy" document is not intended to be used for the purpose of managing a private student halls of residence. Any operator of a private student hall should

develop their own management plan. 13. Environment Agency - No objection, recommend the inclusion of a surface

water drainage strategy. 14. London Borough of Richmond - No comments received to date. 15. Transport for London (TfL) - No objection in principle. Occupants of the

development should be excluded from eligibility for parking permits within the CPZ and subject to conditions including a travel plan, and cycle facilities.

16. Thames Water - No objection in respect of sewerage infrastructure capacity and water infrastructure capacity.

17. London Fire and Emergency Planning Authority - No comments received to date, with respect of application 13/12328/FUL they had no objection, subject to Building Regulation approvals.

18. Environmental Health - No objection, subject to conditions and informative's.

19. Climate Change & Sustainability Officer - No objections, subject to conditions.

20. English Heritage (Archaeology): Recommend approval of the archaeological desk based assessment, subject to condition to secure a programme of archaeological work. No field work need be undertaken prior to determination.


21. The application site is bounded by the High Street (A307) to the west and South Lane to the East and is located within Kingston Town Centre and falls within the Kingston Old Town Conservation Area.

22. The site currently comprises four existing buildings, used as offices: (a) No. 45 High Street; (b) Nos. 47-49 High Street; (c) No. 51 High Street (Swan House); and (d) No. 30 South Lane.

23. To the west of the site is the River Thames and Queens Promenade which tracks the eastern bank of the river. To the east of the site, South Lane forms the junction between the Old Town Conservation Area and the Riverside South Conservation Area. There are two storey dwellinghouses on the eastern side of South Lane.

24. To the north of the site is Town End House which has commercial properties on the ground floor and residential on the upper floors. Nightingale Mews is also to the north of the application site which comprises 6 townhouses.

25. To the south of the application site is River House, a four storey building comprising office accommodation. Beyond this building, The Anglers, which comprises residential and commercial accommodation, forms the anchor point to the road junction of the High Street, Portsmouth Road and South Lane.

26. The application site falls within an area of archaeological significance. 27. The application site falls mainly within Flood Zone 2 with a strip on the

western part of the site falling within Flood Zone 3A. 28. The application site has a Public Transport Accessibility Level (PTAL) of 5

(Very Good). The site is within the Kingston Town Centre Controlled Parking Zone (CPZ) which has parking restrictions of 08:30 - 22: 30 Monday to Saturday and between 11:00 - 22:30 on Sundays and Bank Holidays. Additionally, the High Street is designated as part of the Strategic Walking and Cycling Network.

Proposal

29. This application is pursuant to an application of a similar nature (13/12328/FUL) for redevelopment of the site to provide a part three, part four, part five, part six storey building comprising 145 units of student accommodation (Sui Generis) and 496 sq m of flexible commercial floorspace (A1/A2/A3/B1) (retail, financial & professional services, restaurant or cafe, business)'. The application was refused by the Development Control Committee on 18 June 2013 due to its scale and mass, which was found to have a detrimental impact on the streetscene and the Kingston Old Town Conservation Area.

30. The proposal relates to the demolition and redevelopment of the site to provide a part three, part four, part five storey building comprising 140 units of student accommodation (Sui Generis) and 388 sq m of flexible commercial floorspace (A1/A2/A3/B1) (retail, financial & professional services, restaurant or cafe, business).

31. The height of the building has been reduced compared with the refused scheme, and is approximately 3 metres lower than the previous proposal. The current proposal also introduces a centralised and setback curved 3rd floor element to the building facing South Lane.

32. The number of student rooms has been reduced from 145 to 140. The student amenity space is now at ground floor level, with a direct frontage onto the High Street. Commercial floor space (388 sqm) is also proposed at ground floor level fronting High Street. This is shown for use as either A1 (retail), A2 (financial and professional services), A3 (restaurants and cafes) and B1a (offices). As previously proposed, pedestrian access to the student accommodation and commercial unit is via High Street.

33. It is noted that the consultations/neighbour notification letters have incorrectly referred to this development as a part 3/ part 4/ part 5/ part 6 storey building. The scheme as currently submitted is a maximum of five storeys.

34. Due to changes in legislation, from 1 October 2013 applications for demolition of buildings within conservation areas no longer need separate conservation area consent. The demolition works are now covered within the planning application process. This application also relates to the demolition of the existing buildings.

Assessment






• Trees


• Sustainability



35. The current use of the building is for offices (B1). As such, Policy DM17 of the LDF Core Strategy and Policy K4 of the K+20 Kingston Town Centre Area Action Plan needs to be satisfied.

36. Policy DM 17 (Protecting Existing Employment Land and Premises) states that the Council will protect all employment land and premises in Kingston Town Centre to develop its role as a successful, sustainable Metropolitan Centre through the implementation of the Kingston Town Centre Area Action Plan (K+20). Alternative uses will not be acceptable within Kingston Town Centre unless it has been demonstrated by sound evidence and rigorous marketing over a number of years (up to two years) that there is no quantitative or qualitative need for a range of employment uses.

37. Policy K4 (Employment Development within the Town Centre) states that 'the Council will promote the town centre as an office and business centre and improve the quality and range of office and business accommodation by encouraging and supporting:

(a) development proposals that incorporate high specification B1 office space, in a range of unit sizes, especially in the vicinity of Kingston Station;

(b) the redevelopment and improvement of the existing office stock;

(c) the provision of workshop, studio, exhibition space and offices suited to the needs of the 'creative industries' sector.

38. Development proposals resulting in a net loss of B1 office floorspace will only be acceptable if office floorspace is re-provided as part of mixed-use development of the site, or the loss of the office floorspace is outweighed by the achievement of other AAP objectives through the proposed development.

39. Policy K7 of the K+20 AAP states that provision is made for around 1000 new homes to be built in the town centre over the period 2006 - 2020 as part of mixed use development to meet a range of housing needs, including private and affordable housing with a range of flat sizes together with around 500 bedspaces in managed student accommodation.

40. The application would result in the loss of 3548.7 sq m of office floorspace. However, the application would comprise of 140 student bedspaces and 388 sq m of flexible employment floorspace covering use classes A1 (retail), A2 (financial and professional services), A3 (restaurants and cafes) and B1a (offices).

41. The NPPF is very explicit about securing economic growth in order to create jobs and prosperity. Paragraph 19 is clear that significant weight should be placed on the need to support economic growth through the planning system and the guidance goes on to say that local authorities should plan proactively to meet the development needs of business and support an economy fit for the 21st Century. Nevertheless, the guidance also states (paragraph 22) that planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose.

42. The existing office accommodation is occupied. However, as part of the application, a report by Montague Evans has been submitted which details the condition of the existing office space and long term viability of the site as office accommodation.

43. This report details that the most of the existing office accommodation is classified as Grade C accommodation which can be described as 'second hand, non-modernised accommodation providing central heating, perimeter trunking, suspended ceilings with recessed lighting and male and female WC facilities. No 45 (Swan House) would be described as the lower end of Grade B accommodation.

44. The report concludes that: - There is an over-supply of "Grade B" and "Grade C" small office

suites below 5,000 sq. ft. - Demand for "Grade B" and "Grade C" office suites is very low and

the majority of premises are very slow to let. - The subject properties are in a secondary location and in general

provide office accommodation which would be considered as poor quality and if vacant would be extremely difficult to let.

- In order to bring the buildings up to a modern standard and provide the requisite specification, a considerable capital sum would need to be spent on the buildings.

- If the owners were to carry out an extensive refurbishment, there is still no guarantee that the accommodation would let and if the owners were to secure tenants for the building, the terms are likely to be very weak in terms of length of lease and rental income.

- Based on the cost of refurbishment and the achievable tenancy terms, we do not believe that the subject properties are financially viable as an ongoing office use.

45. An additional consideration when assessing the loss of office accommodation is the recent Government changes to permitted development legislation. On 30th May 2013 Part 4, Class J of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) came into force which allows for the conversion of office accommodation into residential accommodation, subject to considerations on flood risk, highways and land contamination.

46. The application would also result in the provision of commercial activity at ground floor level, fronting the High Street.

47. The National Planning Policy Framework ((2012) NPPF) is explicit in stating that planning policies (at the regional and local level) should be positive, promote competitive town centre environments and manage centres (including for growth) over the plan period. (Para 23, p.7). Furthermore, local planning authorities are encouraged to provide consumer choice and a diverse retail offer that reflects the

individuality of town centres. 48. The London Plan supports this position and in Policy 2.15- Town

Centres states that development proposals in town centres should conform with Policies 4.7 and 4.8 and:

(i) sustain and enhance the vitality and viability of the centre

(ii) accommodate economic growth through intensification and selective expansion in appropriate locations

(iii) support and enhance local competitiveness, quality and diversity of town centre retail, leisure, arts and cultural, other consumer services and public services

(iv) be in scale with the centre (v) contribute towards an enhanced environment and public

realm (vi) reduce delivery, servicing and road user conflict

49. At the local level, Core Strategy Policy CS12 - Retail and Town Centres aligns with the national and regional policy approach. It says that the "Council will maintain and enhance the attractive and distinctive character of Kingston Town Centre and its role as a sustainable Metropolitan Town Centre". Policy DM20 - New Retail Development goes on to say that "the Council will consider applications for new retail development in designated centres favourably, in order to meet identified future needs and ensure accessibility by public transport. However, this is provided that proposals are of an appropriate scale and have been planned positively in order to minimise any negative impacts on climate change; pollution; transport accessibility; design and character; the amenity of surrounding residents; current regeneration projects; and local employment

50. The provision of student accommodation is consistent with land use objectives. Policy CS15 of the Core Strategy states that "The Council recognises the shortfall of managed student accommodation for Kingston University and the impact that this has on the local housing market. The Council will continue to work with the university to help deliver suitable managed student accommodation..." The Core Strategy states in para. 6.164 that "The Council and University have identified a need for an additional 2,500 managed student bedspaces. Provision has been made for around 500 bedspaces within Kingston Town Centre and for 300 bedspaces within the Hogsmill Valley adjoining the existing Clayhill Campus. There is a remaining need for 1700 bedspaces. Whilst the university's preference is for the future provision of sites with at least 200 bedspaces, smaller sites have a role to play and the potential to contribute towards meeting the needs for managed student accommodation. Sites should be suitably located, with good access to existing campus..."

51. The London Plan also notes that the importance that London universities potential growth is not compromised by inadequate provision for new student accommodation. It notes also the uncertainties over future growth in the London student population and its accommodation needs, also that new provision may reduce pressure on other elements of the housing stock currently occupied by students, especially in the private rented sector.

52. Kingston University's accommodation strategy is subject to the EU

Procurement Regulations (OJEU) process. The University have issued a Published Prior Information Notice of 23 November 2011 (PIN) advising that they are seeking approximately 1,250 additional bedspaces to serve as student halls of accommodation. Individual sites are expected to typically accommodate a minimum of 200 bedspaces, and completed development should be deliverable by or before August 2014. Bidders will be required to provide the site, accommodation and potentially property management services.

53. On 28 June 2012 the University published a further Information Notice for Student Accommodation Provision. It confirms that the University Accommodation Strategy 2011-2014 is seeking an additional 2,500 units through direct provision and through agreement with private developers. It recognises that given the limited amount of available building space within the borough, that halls of residence may be built to all sizes and scales in various locations, categorised as small (up to 100 student rooms), medium (100 to 400 rooms) and large (more than 400 rooms). It specifies that for "Medium" scaled hall proposals such as currently proposed the facilities should "ideally consist of cluster flats of between four and eight bedrooms with some studio provision also possible."

54. Kingston University (KU) currently has around 2,700 'managed' student bedspaces. The overall University student population is in the region of 20,000. Since 2003/04, its aim is to provide a bedspace in managed student accommodation for all 1st year students (mainly undergraduates) who need one. In addition, KU leases around 150 houses (circa 600 bedspaces) for 2nd & 3rd year students from private landlords (Source: KU Student Residential Accommodation Strategy 2009/11).

55. The University (Feb 2011) reviewed the number of bedspaces in the light of the proposed changes to higher education and confirmed that 2,500 was still a requirement. Additional background information on Kingston University Student Accommodation Strategy, as based on the Council's response to the LDF Hearing (2011) is set out below:

(a) Of those students eligible to apply for halls accommodation and who have unconditional firm offers, demand exceeds supply by approx 40% i.e. in 2010 there were over 3,500 applications for around 2,500 halls places.

(b) In 2010, there were over 400 students on the halls priority waiting list who qualified for a place, living over 10-15 miles away.

(c) Over 2,200 students were refused halls places in 2010 because they lived within 10 miles of the University over half of which, given the choice, said they would take up a place if offered one to avoid lengthy and costly travel.

(d) Home and EU postgraduates are not eligible for places - over half of the EU students alone (approx 250) said they would apply for halls given the choice.

(e) The figure sought only covers first year students but the reality is that many (approx 40%) 2nd and 3rd year students, given the choice, would opt to return to halls for the security and stability they offer. This has the potential to add a further 4,400.

(f) Up to 150 non full year F/T students (student abroad

exchanges etc) each year have to be put up in lodgings, a number of which could be put up in halls if places were available.

(g) Adding all these together, potential demand could be >6,000 but KU consider 2,500 is reasonable and realistic bearing in mind possible drop in demand arising from the funding changes.

(h) KU remains near the bottom of the rankings tables in terms of the number of bedspaces/students it offers compared to other universities in the London area.

56. It should be noted that some of the above figures date from 2010 and recent changes in legislation have resulted in changes in student numbers. The Planning Department is currently undertaking a review of student accommodation demand. Nevertheless, the University clearly have a demand for additional student accommodation.

57. Policy K7 of the K+20 AAP seeks the provision of 500 additional student bedspaces in managed student accommodation by 2020 within Kingston Town Centre. At present, the following has been provided:

(a) 129 bedspaces have been provided through the development of Quebec House

(b) 64 through the change of use of Greencoat House (c) 87 through the redevelopment of 3-5 Penrhyn Road),

although it is noted that the development at 3-5 Penrhyn Road has not been implemented.

(d) 115 through the redevelopment of 1 Penrhyn Road, although it is noted that the development at 3-5 Penrhyn Road has not been implemented.

(e) TOTAL = 395 bedspaces provided to date. 58. The application, if approved, would result in the total provision of

student bedspaces in the town centre of 535. 59. It should be noted that the previous scheme 13/12328/FUL, was not

refused on land use issues. As with the previous application, on balance, it is considered that the principle of the re-development of the site for student accommodation with some ground floor commercial activity is acceptable. The application demonstrates that the existing office accommodation is not of the highest standard and its continued use for these purposes is uncertain. Being mindful of the recent government changes to permitted development legislation, it is considered that the significance placed on the long term protection of such poor quality accommodation is weakened. Additionally, the introduction of commercial floorspace on the High Street frontage could extend the retail offer of the town centre and/or provide better quality office accommodation and the provision of student accommodation is consistent with Council policy. As such, it is considered that the principle of development is acceptable, subject to compliance with other development plan policies.


60. Application 13/12328/FUL was refused on grounds of its scale and

mass, which was found to have a detrimental impact on the streetscene and the Kingston Old Town Conservation Area. This application seeks to overcome the previous grounds for refusal and includes modifications to the scale and mass. The current proposal has incorporated amendments to the bulk and mass of the building, principally on the western elevation. The proposed building would be part 4 and part 5 storeys in height when fronting the High Street and part 3/part 4 storeys' in height fronting South Lane.

61. The High Street frontage is characterised by five individual curved bays, three lower and two higher. Each bay would be 8 m in width and located behind the current building line of the ground floor. The frontage rises from 3/4 storeys where it abuts its neighbours (matching the adjacent height) to 5 storeys with a curved brick drum at the centre.

62. The High Street elevation now has a symmetrical composition compared to the previous scheme which was asymmetrical and the building is approximately 3m lower than the refused scheme.

63. The front elevation of the building is now set back from the front building line by almost 2m compared with the refused scheme, which allows for the curved bays to continue vertically to street level. The maximum height is 16.2 metres, with two eaves lines of 10.4 metres and 13.3 metres. The proposed bays would be constructed of gault brick up to their top floors which have ribbon windows and a shallow circular formed roof capping to each bay. Brise-soleil features would be provided to each window on the upper floors and the ground floor is characterised by large panels of glazing which is common for commercial properties.

64. On the eastern part of the site facing South Lane, the application proposes a three storey building with 4 individual bays of a smaller width than those fronting the High Street. Also proposed is a recessed feature above the central link, capped by a shallow circular formed roof. The brick proposed for this element of the proposal would match the remainder of the development. The development would be set back from the carriageway on South Lane to allow for some landscaping. The service entrance would also be located off South Lane.

65. The application site is located within the Kingston Old Town Conservation Area. As part of the evidence base for the K+20 Kingston Town Centre Area Action Plan, a comprehensive character appraisal was carried in 2005.

66. The High Street forms the southern approach to Kingston Town Centre. Contrary to its name it is not a typical "high street": Clarence Street has the role of principal shopping street. For many centuries this approach road was known as "West-by-Thames" and formed the town's industrial quarter with malt-houses, wharves, breweries and boat building businesses lining the road. These have since been replaced by a mix of shops, office accommodation and flats (primarily

to the eastern side in East Lane and South Lane).

67. The High Street includes a wide range of architectural styles ranging from 16th century vernacular (Nos. 37-41, Grade II* listed), Georgian (No. 40, grade II), mid and late-Victorian through to Edwardian (No. 38), Neo-Tudor (Nos. 12-14), Neo-Georgian (River House) and a range of mid to late 20th century buildings (Nos. 17, 40, 37-41 and Amari House). In addition to including four listed buildings, the High Street includes Clattern Bridge, which is partly formed by a structure dating back to the late 12th century and is both listed and a Scheduled Ancient Monument.

68. The southern part of the High Street is of lesser townscape and architectural interest, but forms an important enclosure to views across the River Thames from the west as well as being an initial "gateway" to the Old Town and Kingston town centre.

69. Policy CA1/HS4 of the Kingston Old Town Conservation Area Summary Character Appraisal and Management Proposals states that 'the height of new development within the High Street, East Lane and to the west side of South Lane should pay due regard to the heights of existing buildings. Generally, it should be no greater than three-storeys in height (namely a maximum of 9m to eaves and 12m to ridge level) unless there are clear townscape advantages arising through taller development (e.g. if a development has a landmark or gateway role). Only in exceptional cases would development in excess of 16m in height be considered appropriate in the High Street'.

70. Policy K11 (The Old Town Conservation Area) of the Council's K+20 AAP states that 'the Council will seek a range of enhancements to the OTCA through: the development control process. Development proposals should preserve or enhance the character, appearance, setting and medieval layout of the OTCA, as well as its vibrancy and vitality, and will be required to:

(a) Achieve a high standard of design, with appropriate scale, height, massing and materials, which relates well to surrounding buildings and frontage lines, demonstrating the impact on the OTCA in a Design Statement

(b) Retain buildings which make a positive contribution including listed buildings and Buildings of Townscape Merit

(c) Enhance or replace buildings/structures which detract from the appearance and character of the area

(d) Safeguard important views to, from and within the area

(e) Maintain the variety of architectural styles and richness of traditional detailing

(f) Retain historically significant features such as boundaries, plot widths, building lines and open spaces and natural features such as trees

71. Additionally, Policy DM12 of the Councils LDF Core Strategy states

that the Council will:

(a) preserve or enhance the existing heritage assets of the Borough through the promotion of high quality design and a focus on heritage-led regeneration

(b) allow alterations which preserve or enhance the established character and architectural interest of a heritage asset, its fabric or its setting

(c) ensure that development proposals affecting historic assets will use high quality materials and design features which incorporate or complement those of the host building or the immediate area

(d) respect features of local importance and special interest through the consideration of form, scale, layout, and detailed designs of a site, area or streetscape

(e) seek the conservation and improvement of the natural and built historic environment which contribute to the character of the Borough's historic riverside setting.

72. Policy DM7 (Thames Policy Area) states that 'development proposals on the riverside should preserve or enhance the waterside character, heritage value and setting, and provide physical and visual links with the surrounding areas (including views along the river).

73. Directly across the river from the application site are the grounds of Hampton Court Palace. The royal palace at Hampton Court is an architectural and historic monument of the highest order of significance. It is Grade I Listed and is a scheduled ancient monument. The park is included on the English Heritage's Register of Parks and Garden of special historic interest at Grade I and is designated Metropolitan Open Land. As part of the consultation process Historic Royal Palaces have confirmed that they have no objection to this revised proposal, which they consider addresses their previous concerns. They note that the overall mass of the building appears more in keeping with that of the surrounding townscape and its potential for detrimental visual impact on Hampton Court Palace and Gardens (including key views and light spillage) has been reduced.

74. The previous scheme was refused because the height and mass of the building (rising up to 6 storeys) would detract from the existing rhythm and pattern of development within the conservation area. The Kingston Old Town Conservation Area Character Appraisal sets out what the Council considers to be appropriate in terms of heights for this area, it states that generally it should be no greater than three storeys in height unless there are clear townscape advantages arising through taller development. Within this context it is noted that the tallest building within the application site is as existing 4 storeys in height (14 metres), as is the adjacent property. The High Street frontage as currently proposed rises from 4 storeys where it abuts its neighbours (matching the adjacent height) rising to 5 storeys (16.2 metres). The new design also runs the facade on the High Street right

down to the ground to reduce the apparent width of the ground floor of the previous design, which forms a narrower plot width more in keeping with conservation area. The front building line has been set back within the site boundary. It is considered that these changes to the overall height and massing of the proposed building address the previous grounds for refusal.

75. In terms of the detailed design, the overall form and design of the development is considered appropriate and would not harm the character and appearance of the conservation area. As the Conservation Area appraisal sets out, the High Street includes a wide range of architectural styles. The use of the bow fronted design and the choice of materials is considered to create a contrast that, whilst different to many of the established buildings, would not detract from the overall character of the area subject to high quality detailing and materials.

76. In terms of the South Lane frontage, the existing buildings range between two, three and four storeys. The proposal is for a part three storey building, with recessed central drum feature at fourth floor level which would be visible in longer views. The scale, mass and design along the South Lane frontage is considered appropriate.

77. The demolition of the existing buildings will not have an adverse impact on the character and appearance of the conservation area. It should be noted that with the previously refused scheme, there was found to be no objection in principle to the demolition of the buildings, and conservation area consent was refused because there was no planning permission in place for a replacement building.

78. In conclusion, it is considered that the revised that form and design of the development would not harm the character and appearance of the conservation area. The reduction in height and set back combine to significantly reduce the scale and mass of the proposed development when viewed from High Street. The High Street elevation now has a symmetrical composition compared to the previous scheme which was asymmetrical. This maintains the existing rhythm and pattern of development within the Conservation Area. The proposed replacement building is considered appropriate in this context, particularly when considering the scale and height of the existing buildings on the site and within the parade.


79. Policy DM10 (Design Requirements for New Developments) states that development proposals will be required to incorporate principles of good design. Paragraph k of this Policy states that development proposals must have regard to the amenities of occupants and neighbours, including in terms of privacy, outlook, sunlight/daylight, avoidance of visual intrusion and noise and disturbance

80. To the north of the application site are residential properties in Nightingale Mews and Town End Parade, whilst to the east are two storey properties on South Lane.

81. As part of the application a Daylight & Sunlight Study by Delva

Patman Redler Chartered Surveyors has been submitted. This study demonstrates that the proposal would not fail Building Research Establishment (BRE) tests with regards to loss of daylight/sunlight, as set out in the 'BRE Site Layout Planning for Daylight and Sunlight - A Guide to Good Practice'. This is the same report as submitted with the original application. The consultant has advised that the revised massing will be an improvement to the daylight received over the previous proposals. A revised report to verify these conclusions will be submitted prior to Committee.

82. It is considered that the new setback fourth floor element on the South Lane building would not have an adverse affect on the neighbouring properties in terms of daylight and sunlight given the height and separation, and overall there will be a slight improvement following the overall reduction in the height and massing of the revised scheme.

83. The proposed three storey element on the western side of South Lane would maintain a gap of between 15.9 - 17.2 m to the front windows of properties along the eastern side of this street. The submitted Daylight and Sunlight Study and drawing No 1911-00-DR-0201 Rev P01 (Section A-A) demonstrates that the proposed building would observe the 25 degree rule from the ground floor windows of properties along the eastern side of South Lane. As such, it is considered that the proposal would not have a detrimental impact upon the amenities of these properties in terms of loss of daylight/sunlight. Additionally, it is considered that, given the distance between the development and these dwellings on South Lane, they would not result in a loss of outlook or privacy upon the existing residential units.

84. The application, in some respects, is considered to result in an improvement upon the amenities of Town End Parade and Nightingale Mews. At present, the rear of No 45 High Street is sited along the shared boundary with these sites. The proposal would result in a reduction of built form along this boundary as the three storey element would align with the flank elevation of Nightingale Mews, with a central lightwell area. As such, it is considered that the proposal would not have a detrimental impact upon their amenities in terms of loss of outlook or daylight/sunlight.

85. As with the previous application, many concerns have been raised with regards to the general noise, disturbance and possible anti-social behaviour generated by students. However, it is not within the remit of the planning system to control people's behaviours and there is other legislation to address any anti-social behaviour. Nevertheless, there are mitigation measures with good and proper management of the student accommodation which can reduce its impact. As part of this application, the applicants have demonstrated that they are willing to enter into a legal agreement securing a management plan.

86. It should be noted that the proposal has been designed so as to minimise the impact of the student accommodation on the surrounding residential neighbours by only allowing the one main access from the High Street, rather than South Lane (with escape, servicing and access for persons using the disabled parking bays only from the rear). This would therefore focus the additional activity on the busy High Street. It would be appropriate to secure access

arrangements to ensure that students (except disabled) only use the front entrances as part of the Management Plan, and by condition.

87. There would inevitably be days where students arrive and leave the halls with their possessions and this would result in greater activity than normally experienced in the area. However, this is likely to only be for a handful of days a year. However, there is an existing car park for the office accommodation which is accessed off South Lane. This is likely to mean that the number of vehicle trips on a regular day would be reduced, therefore reducing the noise and distance.

88. The previous scheme was not refused on grounds relating to residential amenity. The proposal does not introduce any significant changes that would affect this position.

89. Overall, it is considered that the proposal would not result in material harm upon the amenities of the nearby residential properties to a degree that would substantiate as a reason to refuse this planning application. It is therefore considered that the proposal complies with Policy DM10(k) of the Council's LDF Core Strategy.

Highways & Parking

90. The application site has a PTAL of 5 (Very Good). Portsmouth Road and the High Street is a well used bus route and there are a number of additional bus stops on Down Hall Road, a short walk to the north. Kingston Railway Station is approximately 1 km from the application site.

91. Policy DM9 (Managing Vehicle Use for New Development) of the Council's LDF Core Strategy states that to ensure that new development does not contribute to congestion or compromise highway safety the Council will:

(a) require new development to comply with car parking standards and implement parking management schemes

(b) restrict eligibility for on-street parking permits for residents of new developments located in controlled parking zones

92. The application proposes two off street parking spaces at the rear of the property, accessed from South Lane. Both of these spaces would be Blue Badge spaces. Additionally, the applicant has agreed to enter into a legal agreement precluding future occupiers of the student accommodation and ground floor commercial units from obtaining on-street parking permits.

93. Two additional Blue Badge Spaces and a loading bay would be provided along the High Street frontage. The loading bay will be used by students arriving at the start and end of term which would be by arrangement, with no goods deliveries during these times (similar to Quebec House).

94. The application proposes 80 cycle parking spaces for the student accommodation within the basement, accessed from an entrance on the High Street. 8 cycle parking spaces are provided within the footway of the High Street for staff and visitors of the commercial units.

95. The refuse collection would be via South Lane. It is understood that refuse vehicles currently reverse the length of South Lane in order to service residential properties in this area. As a result of this new

development the situation will remain the same, it is not considered that the proposed development make the situation worse than the current position and therefore, it is not considered that the objections on these grounds could substantiate grounds for refusal.

96. Subject to a legal agreement and conditions securing cycle parking details; servicing details; a preclusion from obtaining on-street parking permits; and the effective implementation of student management plan, and a student travel plan, it is considered that the proposal complies with Policies 6.9 & 6.13 of the London Plan (July 2011) and Policies CS5, CS7, DM8 & DM9 of the Councils LDF Core Strategy (Adopted April 2012).

Trees

97. There are no trees within the boundaries of the application site. However, there are 4 trees on the public footpath on the High Street directly outside the application site. The proposal includes additional tree & shrub planting on both frontages, including a area of soft landscaping on the South Lane frontage. The scheme also includes elements of green roofs.

98. An Arboricultural Impact Assessment and Landscape Plan is secured by condition to protect the existing street scene and to secure landscaping details. In this respect, the proposal is considered to comply with Policy DM10 of the Council's LDF Core Strategy.

Legal Agreements

99. In the event of an approval, in accordance with the Council's SPD 'Planning Obligations' the application would be subject to a legal agreement covering the following:

- A requirement precluding any residents and business operators of the accommodation from applying for on street parking permits;

- A management plan for the student accommodation (to include detailed access arrangements) and a restriction to ensure that the occupiers are all students;

- To give Kingston University priority in respect of accommodation rights;

- Any offer of student units comprised in the Development to another accommodation operator shall be at a price per unit reasonably commensurate to student rooms in the vicinity of the Land operated and/or occupied by Kingston University;

- To use best endeavours to ensure that a 100% of the accommodation is let to students who are enrolled at Kingston University or at an educational establishment within the borough, in accordance with a written strategy to be agreed in writing by the Local Planning Authority.

- A car parking management plan, to include detailed arrangements for students arriving at the beginning and end of term; and servicing.

- A public realm/community safety and visitor management

contribution.

- A health/social care contribution of £28,000 (£200 per student bedroom);

- Travel Plan Monitoring fee of £3,500; and

- A public realm improvement contribution of £150,000.

- To enter into a S278 agreement to ensure that works to the highway are carried out to the satisfaction of the Council.

- The proposal would also be liable for a Mayoral Community Infrastructure Levy (CIL) contribution of £48,170

Sustainability

100. A Sustainability Statement, Energy Report and BREEAM Pre-Certification Framework Report have been submitted as part of the application.

101. Policy DM1 states that 'where appropriate, other new build developments over 500m² including conversions, refurbishments, extensions and changes of use are encouraged to achieve higher levels of the appropriate BREEAM standard in accordance with the following timeline:

(a) Until 2013: BREEAM 'Excellent' (b) From 2013 onwards: BREEAM Outstanding

102. These reports demonstrate that the development would achieve BREEAM standard 'Excellent' and the Energy Statement details how the proposed development will target 28% CO2 emissions reduction beyond building regulations part L, which exceeds the minimum 25% target required by the London Plan. The submitted BREEAM report also explains how a number of credits are financially unviable or are simply not achievable due to the site location, on-site constraints or because of a trade off with other competing credits. For example the location next to the river presents a flood risk, there are day lighting limitations due to the buildings orientation. Notwithstanding, the report demonstrates a high level of sustainability for the development overall, and presents a valid case for why an Outstanding rating is not achievable.

103. The Council's Climate Change & Sustainability Officer has confirmed that the sustainability measures proposed are acceptable and that the proposed BREEAM standard of excellent is acceptable in this case.

104. On the basis that these sustainability standards are secured by condition, the proposal is considered to comply with Policies DM1 & DM2 of the Councils LDF Core Strategy and Policy 5.2 of the London Plan.


Standard and Type of Accommodation 105. The Council's recently adopted Residential Design SPD

provides guidance on student accommodation. The key requirements are:

(1) The provision of mainly cluster flats of between 4 and 8 en-suite bedrooms.

(2) Provision of accessible bedrooms. (3) Designed with good security, including 24 -hour security and

linked CCTV. (4) Communal outdoor space (5) Secure cycle parking.

106. For medium halls (100-400) and large sized halls (more than 400), additional facilities required are:

107. (6) A management suite facility. 108. (7) Adequate communal facilities (e.g. television, pool

tables, etc) and amenity space. 109. The SPD also provides recommended minimum spaces

standards, which for an en-suite study bedroom is between 12-14 sqm, and for a studio room approximately 20 sqm.

110. As with the previous scheme, the student accommodation proposed are all studio rooms, with their own kitchenette and bathroom. The rooms are of appropriate size and layout, and include 7 accessible rooms (5%). It is provided with a student communal area at ground floor level fronting the High Street (144 sq. m.). No outside amenity area is proposed, although the site is located in close proximity to the river frontage and riverside walk.

111. The current proposal does not provide any cluster rooms. It is noted that the University's PIN of the 28 June 2012, and the Council's SPD, expresses a preference for cluster units but notes that some studio provision is also practicable. The University have raised objection to this aspect of the proposal.

112. The applicant advises that they have tried many times in recent years, with little success, to liaise with the University on this site. However, for various reasons (the OJEU process that the University is undertaking) the University has not been able to speak to them. Therefore the University could not give them any guarantee that it would enter into an agreement about the site. The applicant's preferred approach is to enter into an agreement with the University, who they consider to be the most appropriate potential end user for the site.

113. In the absence of discussions with the University, the applicant has taken advice on the mix of units within the site from their agents Jones Lang LaSalle. Their agent's advise that there is significant demand for student studio accommodation in Kingston and insufficient units at the current time to meet that demand. Their site is particularly appropriate for studio accommodation given the riverside location, slightly outside the main town centre boundary.

114. Further, from discussions between the applicants and local residents, it was found that the local preference was for studio accommodation. They advise that studio accommodation is perceived, by local residents, to attract more mature students and to be more easily managed.

115. Notwithstanding, if Kingston University did prove to be interested in the site at a later date, the applicants have advised that they would be prepared to discuss the internal design with them to

consider the appropriate way forward. 116. Management: The building will have an onsite management

team who will be present at all times. The reception area will be staffed at all times to ensure visitors are monitored and the site management team are visible at all times. The building is designed to have a central entrance and reception area which provides access to the student accommodation from High Street. The entrance will be controlled by a key-card, to ensure that only students are able to enter the building. There will be a comprehensive CCTV system installed which will include coverage of the entrance point.

117. It is noted that the previously refused scheme was for studio units, without provision for cluster flats. The University raised similar concerns about that application. The proposal was not refused on grounds relating to the type of accommodation proposed. Given the previous decision, and as the University are not in a position to confirm that they would be prepared to enter agreement on the site, it is not considered that there are justifiable grounds to refuse this application on the basis of the type of accommodation proposed. Flood Risk

118. The site predominantly lies within Flood Zone 2 with a small element within Flood Zone 3a.

119. The nearest watercourse is the River Thames which is approximately 30m west of the site separated by the High Street. It is noted that there is a drop in level from of the western footway of High Street to the walk way running along the Thames.

120. As part of the application a Flood Risk Statement has been submitted. The proposed uses on the ground floor part of the development are classified as 'less vulnerable' within Table 2 of the NPPF Technical Guidance. The student accommodation is classified as 'more vulnerable'. Therefore, according to Framework Table 3 'Flood Risk Vulnerability and Flood Zone Compatibility', the commercial space is appropriate for the site in terms of flood risk and flood zone allocation but the student accommodation needs to satisfy the Exception Test.

121. The Environment Agency (EA) has confirmed that the key Environment Agency issues at this site are (i) biodiversity/ecological enhancements; (ii) flood risk management and surface water management; and (iii) sustainable design and construction. They have reviewed the submitted Flood Risk Assessment and have no objection to the proposal.

Archaeology 122. As part of the application an Historic Environment Assessment

has been submitted. This report states that Archaeological monitoring of any geotechnical investigations for engineering purposes and the excavation of archaeological test pits is recommended to confirm the extent of archaeological survival potential. Further targeted

investigation, for example archaeological trial trenches, may be required following initial works in order that an appropriate mitigation strategy can be drawn up. Any such work would be required to be carried out in accordance with a Written Scheme of Investigation (Wintertree Software Inc.) under the terms of a standard archaeological planning condition.

123. Such a condition is recommended to secure appropriate monitoring and investigation works prior to commencement of the development.

Recommendation:

Approve subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended), as specified in the above legal agreements section, and the following condition(s):




Letter from Savills 13/11/2013

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Flood Risk Assessment 13/11/2013

Transport Assessment 13/11/2013

Framework Travel PLan 13/11/2013

Draft Delivery & Servicing PLan 13/11/2013

Energy Statement 13/11/2013

Sustainability Statement 13/11/2013

BREEAM Framework Report 13/11/2013

Heritage Appraisal Report Volume I 13/11/2013

Planning Statement 13/11/2013

Statement of Community Consultation 13/11/2013

Daylight & Sunlight Study 13/11/2013

Design & Access Statement 13/11/2013

Historic Environment Assessment 13/11/2013

Outline Student Management Plan 20/11/2013

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3 The car parking, servicing and manoeuvring areas shown on the approved drawing shall be provided with a hard, bound, dust-free surface, adequately drained before the development is occupied for the purpose hereby permitted. The respective areas shall be kept free from obstruction at all times, and shall not thereafter be used for any other purposes other than those shown on the approved drawing.

Reason: To ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety on adjoining highways and that adequate parking servicing and manoeuvring provision is made in accordance with Policies DM9 (Managing Vehicle Use for New Development) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

4 A sample of the facing materials including bricks, roofing material and fenestration, demonstrating the material, colour, texture, face bond and pointing to be utilised in the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before any works on site are commenced. The development shall then be built in accordance with these approved samples.


5 The development shall be completed in accordance with the following details which shall have been submitted to and approved in writing by the Local Planning Authority, before building operations commence. (Specify as Appropriate)

(a) samples of all outstanding external materials comprising door and window frames, decorative features, building names, rainwater goods and paving.

(b) boundary treatment, (including walls, fences and gates).

(c) treatment and layout of all parts of the site not covered by the approved

buildings, including hard and soft landscaping.

(d) refuse storage facilities.

(e) street furniture and lighting.

(f) brise-soleil.

(g) shopfronts.


6 The levels of buildings, roads, parking areas and pathways within the site shall only be in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority before development is commenced.

Reason: To ensure that the appearance and functioning of the development is satisfactory and to safeguard the amenities of adjoining occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012 and comply with Supplementary Planning Document ‘Access for All’ (July 2005).

7 The site and building works required to implement the development shall be only carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 08.00 and 13.00 on Saturdays and not at all on Bank Holidays and Sundays.

Reason: To safeguard the amenities of the adjoining residential occupiers in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.











(j) The parking of vehicles of the site operatives and visitors

(k) The erection and maintenance of security hoarding.

(l) A scheme for recycling/disposing of waste resulting from demolition and construction works (Major Applications).


9 No fans, louvres, ducts or other external plant other than those shown on the drawings hereby approved shall be installed without the prior written approval of the Local Planning Authority.

Reason: To safeguard the amenities of the occupiers of the neighbouring properties and the visual amenities of the area in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

10 The roof of the building hereby permitted shall not be converted or used as a balcony or a sitting out area, and no access shall be gained except for maintenance purposes.

Reason: To protect the amenities and privacy of the adjoining residential properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

11 Prior to commencement of the development, a detailed arboricultural method statement and tree protection plan shall be submitted to and approved by the Local Planning Authority. This submission shall include:

(a) A plan to a scale and level of accuracy appropriate to the proposal, that shows the positions, crown spreads and root protection areas (RPA) of every retained tree on site, and on nearby ground or land adjacent to the site, in relation to the approved plans.

(b) A schedule of pre-construction tree works for the above-detailed trees, where appropriate.

(c) Details and positions of the tree root protection zones.

(d) Details and positions of tree protection barriers and ground protection where appropriate.

(e) Details and positions of the construction exclusion zones.

(f) Details and positions of the existing and proposed underground service runs, to be routed to avoid root protection zones where possible.

(g) Details and positions of any change in levels or the positions of any excavations within 5m of the root protection area of retained trees.

(h) Details of any special engineering required to accommodate the protection of retained trees (e.g. in connection with foundations, service installation, bridging water features, surfacing).

(i) Details of the working methods to be employed for the installation of drives, paths within the RPA’s of retained trees in accordance with the principles of ‘No Dig’ construction. The details shall be in accordance with British Standard BS: 5837: 2005 sections 9.3, 9.2, 9, 11.7, 5.2.2 and 10 for requirements (c) to (h) inclusive.

The approved protection scheme shall be implemented prior to commencement of any work on site and maintained to the reasonable satisfaction of the Local Planning Authority until the completion of the development.

Reason: In the interests of visual amenities and so that the Local Planning Authority shall be satisfied as to the details of the

development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

12 No development shall commence until a landscaping scheme including where applicable the retention of the existing trees shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only.


13 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 to and approved in writing by the Local Planning Authority. The development shall only take place in accordance with the detailed scheme pursuant to this condition. The archaeological works shall be carried out by a suitably qualified investigating body which shall have been approved by the Local Planning Authority.


(Use Informative N20)

14 No development (except demolition to ground level only) 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 to and approved in writing by the Local Planning Authority. The development shall only take place in accordance with the detailed scheme pursuant to this condition. The archaeological works shall be carried out by a suitably qualified investigating body which shall have been approved by the Local Planning Authority.


15 The hard surface hereby approved shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the property.

Reason: To reduce the risk of flooding and pollution and increase the level of sustainability of the development and to comply with Policy CS1 (Climate Change Mitigation) of the LDF Core Strategy Adopted April 2012.

16 The façades shall not to be penetrated or have attached any vents, flues, rainwater down pipes, gutters, or the like other than shown on the approved drawings.


17 Prior to construction of the development a BREEAM Excellent interim design-stage assessment certificate shall be submitted to and approved by the Local Planning Authority. The certificate will secure the commitment of the development to be designed to a BREEAM Excellent standard.

Reason: In the interests of sustainability and energy conservation in accordance with Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012.

18 Prior to occupancy of the development a BREEAM post construction review should be carried out within 1 year of construction of the development and a Final BREEAM Excellent certificate should be submitted to and approved in writing by the Local Planning Authority. The post construction review and certificate will ensure the development has fully complied with the requirements of the BREEAM Excellent standard.

Reason: In the interests of sustainability and energy conservation as set out in Policies 5.2 (Minimising Carbon Dioxide Emissions)

and 5.3 (Sustainable Design & Construction) of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012.

19 The development hereby permitted shall not be commenced until details of the secure cycle parking facilities for the residents and visitors to the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory cycle storage facilities and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012.

20 Refuse storage facilities and recycling facilities shall be provided prior to the occupation of the development hereby permitted in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development, such facilities to be permanently retained at the site.

Reason: To ensure the provision of refuse facilities to the satisfaction of the Council in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

21 Prior to commencement of any development on site, a Construction Management Plan shall be submitted to the planning authority for written agreement, which shall include the following details:

a) Where materials will be (un) loaded into the site;

b) The route to and away from site for muck away and vehicles with materials;

c) Whether any reversing manoeuvres are required onto or off the public highway into the site, and whether a banksman will be provided;

d) Protocol for managing deliveries to one vehicle at a time on sites with restricted access or space;

e) Protocol for managing vehicles that need to wait for access to the site; and

f) Whether it is anticipated that statutory undertaker connections will be required into the site.

The development shall only be implemented in accordance with the details and measures approved as part of the construction management plan, which shall be maintained throughout the entire construction period.


22 A Green Travel Plan, containing a package of measures for reducing the number of vehicle trips to the site by students and staff shall be implemented upon the development being brought into first use, and in accordance with details to be submitted to, and approved by the Local Planning Authority prior to the commencement of development. The Travel Plan shall include an action plan with timescales for the implementation of the proposed measures, details of an ongoing programme of monitoring and review and targets for reductions in car use. Monitoring and review shall include the submission of annual travel plan update report for the approval of the Local Planning Authority which contains the results of annually repeated staff travel surveys and demonstrates progress towards meeting targets.

Reason: To ensure that sustainable transport methods are encouraged and implemented in accordance with Policies CS5 (Reducing the Need to Travel) and CS6 (Sustainable Travel) of the LDF Core Strategy Adopted April 2012.

23 The residential accommodation hereby approved shall be used only as student accommodation only and for no other use within Class C3 of the Town and Country Planning (Use Classes) Order 1987, or succeeding legislation.

Reason: The size and configuration of the individual units would not be suitable as permanent long-stay accommodation in accordance with Policies DM10 and DM13 of LDF Core Strategy Adopted April 2012.

24 The rating level of the noise determined by the cumulative sound emissions of the plant hereby permitted shall be at least 5dBA lower than the existing background noise level at any given time of operation. The noise levels shall be determined 1m externally to any window at the nearest residential façade. Measurements and assessment shall be carried out in accordance with British Standard 4142:1997

Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012

25 No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local

planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in Annex F of PPS25 (or any subsequent version), and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall:

i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

ii. include a timetable for its implementation; and

provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

Reason: To reduce the risk of flooding and pollution and increase the level of sustainability of the development and to comply with Policy CS1 (Climate Change Mitigation) of the LDF Core Strategy Adopted April 2012.

26 The ground floor commercial premises hereby approved shall not be used for the purposes hereby permitted before 8.00 am or after 11 pm Monday to Sunday.

Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

27 The development shall be designed and maintained in accordance with Secured by Design principles, in accordance with a written scheme to be submitted and approved in writing by the Local Planning Authority prior to commencement of the use.

Reason: In the interests of proper planning and to safeguard the amenities of the occupiers of the development and neighbouring properties, in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

28 There shall be no rear access onto South Lane for general student use, except to allow for access to the disabled parking bays. Otherwise, the rear access doors shall only be used for servicing, refuse, maintenance, and emergency escape purposes only. Reason: To safeguard the amenities of the adjoining residential occupiers in accordance with Policy DM10 (Design Requirements

for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.

29 The 7 universally accessible rooms located within the development and as shown on the proposed plans, shall be provided and retained for the lifetime of the development.

Reason: In the interests of the wheelchair occupants in order to comply with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012, and Policies 7.2 (An Inclusive Environment) and Policy 4.5 (London's Visitor Infrastructure) of the London Plan July 2011 and comply with Supplementary Planning Document 'Access for All' (July 2005).

Informative(s)

1 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 Heritage guidelines, which can be obtained from English Heritage.

^ Demolition can occur only down to current ground level ahead of the programme of archaeological fieldwork.

^ Any planned geotechnical site survey will need to be conducted as part of the archaeological programme of site investigation,

^ The archaeological interest can be advanced by trial trench evaluation.

A suitable specification will need to be submitted by the developer appointed archaeological practice and for it to be approved before any on site works commence that includes demolition and geotechnical ground disturbance work. Given the nature of the archaeological potential it will be necessary for the archaeological trial trenches to be double width. The results to be presented as a report will enable judgment to be made as to whether there is an on-going archaeological interest and if so how it may be mitigated.

2 The following should be considered when designing the surface water drainage strategy: ^ That surface water run-off is attenuated as close to its source as possible and discharge rates are reduced to the greenfield run-off rate (typically 5 litres per second per hectare).

^ Possible impacts of the proposal on groundwater

^ The extent of surface water run-off and potential surface water flooding, as a consequence of the development, both on and off site, for a 1 in 100 year rainstorm event, including an allowance for climate change (30%)

^ How surface water can be controlled or attenuated on site, and the level of attenuation that can be achieved. (development sites are required to reduce surface water run-off by at least 50% of the existing)

3 Flood Defence Consent You are advised that prior written consent from the Environment Agency is required for any proposed works or structures, in, under, over or within eight metres of the top of the bank of a main river. This is under the terms of the Water Resources Act and the Thames Region Land Drainage Byelaws. For further information on obtaining a Flood Defence Consent please contact Environment Agency's Partnership and Strategic Overview Team (PSO) on 01252729522 or email [email protected].

4 The applicant should consult with the Borough Environmental Health Officer to ensure that the layout of any food premises complies with statutory requirements and the Council's standards.

5 Road Condition Survey

It is highlighted that the works will result in substantial movement of heavy vehicles on South Lane and therefore the Council will require the applicant to undertake a road condition survey before construction begins. This will take the form of a joint inspection with a member of the Streetscene Team and will involve a photographic record and visual observation of the roads, verges and margins. It should cover South Lane, High Street and in the vicinity of the application site. This will allow the condition of the carriageway to be monitored, should any damage result from the use of heavy plant associated with this site. For further details please contact Mr Mark Murphy of the Boroughs Streetscene Team (0208 547 5002). Highway Cleaning

Should this access into the site during construction not be paved spoil could be carried from the site onto the public highway. The access into the site should be paved to minimise the carry over of spoil onto High Street. We would also require the applicant to sweep and wash down High Street to ensure that the public highway is kept clear of debris. This is to ensure a satisfactory road surface for road safety reasons at all times.

6 Section 278 Agreement As a result of the construction works and disruption to the footway, it will be required to secure an agreement with the Borough under Section 278 of the Highways Act (1980) to install the loading bays and resurface the whole of the footway on High Street. Detailed drawings of the highway works to be undertaken should be submitted prior to the start of works.

7 Part of the building will be over hanging on the footway, and

therefore a licence is required for a building to overhang the highway under Section 177 of the Highways Act.


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