Planning Applications Committee - Cover Pagedemocracy.lbhf.gov.uk/documents/s54119/Final...

London Borough Of Hammersmith & Fulham

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Planning Applications Committee

Agenda for 10th September 2014

Index of Applications, Enforcement Actions, Advertisements etc. --------------------------------------------------------------------------------------------------------------------- WARD: SITE ADDRESS: PAGE: REG NO: Avonmore And Brook Green 2014/01948/FUL

25 Fitzjames Avenue London W14 0RR 9

Avonmore And Brook Green 2014/03423/FUL

35 Fitzjames Avenue London W14 0RR 34

Shepherd's Bush Green 2014/01810/FR3

87 Lime Grove London W12 8EE 56

College Park And Old Oak 2014/01945/FUL

Burlington Danes School Wood Lane London W12 0HR

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--------------------------------------------------------------------------------------------------------------------- Ward: Avonmore And Brook Green

Site Address: 25 Fitzjames Avenue London W14 0RR

© Crown Copyright. All Rights Reserved. London Borough Hammersmith and Fulham LA100019223 (2013).

For identification purposes only - do not scale.

Reg. No: 2014/01948/FUL Date Valid: 08.05.2014 Committee Date: 10.09.2014

Case Officer: Dale Jones Conservation Area: Fitz-George And Fitzjames Conservation Area - Number 19

Applicant: Mr Company Secretary C/o Optimus Fiduciaries St Marys The Parade Castletown Isle Of Man IM9 1LG Description: Use of the lower ground floor as a 2-bed flat, to replace storage and cycle parking; involving the creation of lightwells to the northern elevation, installation of windows and doors; excavation in the area outside the proposed flat, to allow stairs through a lightwell into the new dwelling Drg Nos: 1794/p-06 Cycle Storage,1794-BF01-02 Rev. A 01.05.2014,1794/p-05Cycle StorageB Rev. B 24.06.2013 Application Type: Full Detailed Planning Application Officer Recommendation: That the application be approved subject to the condition(s) set out below: 1) The development hereby permitted shall not commence later than the expiration of

3 years beginning with the date of this planning permission. Condition required to be imposed by section 91(1)(a) of the Town and Country

Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

2) The development shall be carried out and completed only in accordance with the

approved drawings: 1794/p-06 Cycle Storage, 1794-BF01-02 Rev. A 01.05.2014, 1794/p-05Cycle Storage B Rev. B 24.06.2013

To ensure a satisfactory external appearance, to provide a satisfactory quality

residential unit and to prevent harm to the street scene, in accordance with Policy BE1 of the Core Strategy (2011) and Policies DM A1, DM A2, DM A3, DM A4, DM A9, DM G3 and DM G7 of the Development Management Local Plan (2013).

3) Any alterations to the elevations of the existing building shall be carried out in the

same materials as the existing elevation to which the alterations relate. To ensure a satisfactory external appearance, in accordance with Policy BE1 of

the Core Strategy (2011) and Policies DM G3 and DM G7 of the Development Management Local Plan (2013).

4) The windows and doors in the development hereby approved shall be of timber

construction, in keeping with existing windows and doors.

To ensure a satisfactory external appearance, in accordance with Policy BE1 of the Core Strategy (2011) and Policies DM G3, DM G5 and DM G7 of the Development Management Local Plan (2013).

5) The development of the flat hereby approved shall not commence until the

replacement cycle storage as indicated in drawing 1794/p-05Cycle StorageB has been provided. The cycle spaces shall be retained in perpetuity.

To ensure the satisfactory provision of cycle parking, in accordance with Policy

DM J5 of the Development Management Local Plan (2013). 6) The flat hereby permitted shall not be occupied until the Council has been notified

in writing (and has acknowledged such notification) of the full postal address of the flat. Such notification shall be to the Council's Head of Development Management and shall quote the planning application number specified in this decision letter.

In order that the Council can update its records to ensure that parking permits are

not issued to the occupiers of the flat hereby approved, and thus ensure that the development does not harm the existing amenities of the occupiers of neighbouring residential properties by adding to the already high level of on-street car parking stress in the area, in accordance with Policy T1 of the Core Strategy 2011, Policy DM J2 and J3 of the Development Management Local Plan 2013, and SPD Transport Policies of the Planning Guidance Supplementary Planning Document 2013.

7) No occupiers of the flat hereby permitted, with the exception of disabled persons

who are blue badge holders, shall apply to the Council for a parking permit or retain such a permit, and if such a permit is issued it shall be surrendered to the Council within seven days of written demand.

In order to ensure that the development does not harm the existing amenities of

the occupiers of neighbouring residential properties by adding to the already high level of on-street car parking stress in the area, in accordance with Policy T1 of the Core Strategy 2011, Policy DM J2 and J3 of the Development Management Local Plan 2013, and SPD Transport Policies of the Planning Guidance Supplementary Planning Document 2013.

8) The flat hereby permitted shall not be occupied until such time as a scheme has

been submitted to and approved in writing by the local planning authority to ensure that all occupiers, other than those with disabilities who are blue badge holders, have no entitlement to parking permits from the council and to ensure that occupiers are informed, prior to occupation, of such restriction. The residential dwelling shall not be occupied otherwise than in accordance with the approved scheme unless prior written agreement is issued by the Council.

In order that the prospective occupiers of the flat are made aware of the fact that

they will not be entitled to an on-street car parking permit, in the interests of the proper management of parking, and to ensure that the development does not

harm the existing amenities of the occupiers of neighbouring residential properties by adding to the already high level of on-street car parking stress in the area, in accordance with Policy T1 of the Core Strategy 2011, Policy DM J2 and J3 of the Development Management Local Plan 2013, and SPD Transport Policies of the Planning Guidance Supplementary Planning Document 2013.

9) All refuse generated by the development hereby permitted shall be kept within the

flat or within the existing communal refuse and recycling facilities within the estate. To ensure that the use does not give rise to smell, nuisance and an accumulation

of rubbish arising from the operation of the use in accordance with policies DM H5 and DM J6 of the Development Management Local Plan (2013) and SPD Sustainability Policy 3 of the Planning Guidance Supplementary Planning Document (2013).

10) Prior to commencement of the development hereby approved, a Construction

Management Plan shall be submitted to and approved in writing by the Council. Details shall include control measures for dust, noise, vibration, lighting, delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary to 0800-1800hrs Mondays to Fridays and 0800-1300hrs on Saturdays, advance notification to neighbours and other interested parties of proposed works and public display of contact details including accessible phone contact to persons responsible for the site works for the duration of the works. The details shall also include the numbers, size and routes of demolition and construction vehicles, provisions within the site to ensure that all vehicles associated with the construction works are properly washed and cleaned to prevent the passage of mud and dirt onto the highway, and other matters relating to traffic management to be agreed. Approved details shall be implemented throughout the project period.

To ensure that the amenity of occupiers of surrounding premises is not adversely

affected by noise, vibration, dust, lighting or other emissions from the building site, in accordance with policies DM J1, J6, H5, H8, H9, H10 and H11 of the Development Management Local Plan (2013).


Logistics Plan shall be submitted to and approved in writing by the Council. Details shall include control measures for dust, noise, vibration, lighting, delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary to 0800-1800hrs Mondays to Fridays and 0800-1300hrs on Saturdays, advance notification to neighbours and other interested parties of proposed works and public display of contact details including accessible phone contact to persons responsible for the site works for the duration of the works. The details shall also include the numbers, size and routes of demolition and construction vehicles, provisions within the site to ensure that all vehicles associated with the construction works are properly washed and cleaned to prevent the passage of mud and dirt onto the highway, and other matters relating to traffic management to be agreed. Approved details shall be implemented throughout the project period.

To ensure that construction works do not adversely impact on the operation of the public highway, and that the amenity of occupiers of surrounding premises is not adversely affected by noise, vibration, dust, lighting or other emissions from the building site, in accordance with policies DM J1, J6, H5, H8, H9, H10 and H11 of the Development Management Local Plan (2013).

12) The development hereby approved shall not commence until details of a

replacement tree have been submitted and approved by the Council. The replacement tree shall be planted prior to the occupation of the residential dwelling hereby approved. Should the replacement tree be removed or become seriously damaged or diseased within 5 years of the date of the initial planting, it shall be replaced in the next planting season with another of similar size and species.

In order to safeguard the character and appearance of the conservation area, in

accordance with Policy DM E4 of the Development Management Local Plan (2013).

13) Prior to commencement of the development, details shall be submitted to and

approved in writing by the Council, of an enhanced sound insulation value DnT,w and L'nT,w of at least 5dB above the Building Regulations value, for the floor/ceiling /wall structures separating different types of rooms/ uses in adjoining dwellings, Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

To ensure that the amenity of occupiers of the development site is not adversely

affected by noise, in accordance with Policies DM H9 and H11 of the Development Management Local Plan.

14) No development shall commence until a preliminary risk assessment report is

submitted to and approved in writing by the Council. This report shall comprise: a desktop study which identifies all current and previous uses at the site and surrounding area as well as the potential contaminants associated with those uses; a site reconnaissance; and a conceptual model indicating potential pollutant linkages between sources, pathways and receptors, including those in the surrounding area and those planned at the site; and a qualitative risk assessment of any potentially unacceptable risks arising from the identified pollutant linkages to human health, controlled waters and the wider environment including ecological receptors and building materials. All works must be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.

Potentially contaminative land uses (past or present) are understood to occur at,

or near to, this site. This condition is required to ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works, in accordance with Borough Wide Strategic Policy CC4 of the Core Strategy and policies DM H7 and H11 of the Development Management Local Plan 2013.

15) No development shall commence until a site investigation scheme is submitted to

and approved in writing by the Council. This scheme shall be based upon and target the risks identified in the approved preliminary risk assessment and shall provide provisions for, where relevant, the sampling of soil, soil vapour, ground gas, surface and groundwater . All works must be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.



16) Unless the Council agree in writing that a set extent of development must

commence to enable compliance with this condition, no development shall commence until, following a site investigation undertaken in compliance with the approved site investigation scheme, a quantitative risk assessment report is submitted to and approved in writing by the Council. This report shall: assess the degree and nature of any contamination identified on the site through the site investigation; include a revised conceptual site model from the preliminary risk assessment based on the information gathered through the site investigation to confirm the existence of any remaining pollutant linkages and determine the risks posed by any contamination to human health, controlled waters and the wider environment. All works must be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.




commence to enable compliance with this condition, no development shall commence until, a remediation method statement is submitted to and approved in writing by the Council. This statement shall detail any required remediation works and shall be designed to mitigate any remaining risks identified in the approved quantitative risk assessment. All works must be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.

Potentially contaminative land uses (past or present) are understood to occur at, or near to, this site. This condition is required to ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works, in accordance with Borough Wide Strategic Policy CC4 of the Core Strategy and policies DM H7 and H11 of the Development Management Local Plan 2013.


commence to enable compliance with this condition, no development shall commence until the approved remediation method statement has been carried out in full and a verification report confirming these works has been submitted to, and approved in writing, by the Council. This report shall include: details of the remediation works carried out; results of any verification sampling, testing or monitoring including the analysis of any imported soil; all waste management documentation showing the classification of waste, its treatment, movement and disposal; and the validation of gas membrane placement. If, during development, contamination not previously identified is found to be present at the site, the Council is to be informed immediately and no further development (unless otherwise agreed in writing by the Council) shall be carried out until a report indicating the nature of the contamination and how it is to be dealt with is submitted to, and agreed in writing by, the Council. Any required remediation shall be detailed in an amendment to the remediation statement and verification of these works included in the verification report. All works must be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.




commence to enable compliance with this condition, no development shall commence until an onward long-term monitoring methodology report is submitted to and approved in writing by the Council where further monitoring is required past the completion of development works to verify the success of the remediation undertaken. A verification report of these monitoring works shall then be submitted to and approved in writing by the Council when it may be demonstrated that no residual adverse risks exist. All works must be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.


or near to, this site. This condition is required to ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works, in accordance with Borough Wide Strategic

Policy CC4 of the Core Strategy and policies DM H7 and H11 of the Development Management Local Plan 2013.

20) The development hereby approved shall not be occupied until the flood risk

measures identified in the Flood Risk Assessment Report (FRA) submitted with this application have been carried out. The scheme shall thereafter be permanently maintained as such thereafter.

To prevent risk from flooding, in accordance with Policy CC2 of the Core Strategy

2011, and Policy DM H3 of the Development Management Local Plan 2013. 21) The development hereby approved shall not commence until a statement of how

'Secured by Design' requirements are to be achieved has been submitted to and approved in writing by the Council. The approved details shall be carried out prior to occupation of the development hereby approved and permanently maintained thereafter.

To ensure a safe and secure environment, in accordance with policy DM G1 of the

Development Management Local Plan, 2013. Justification for Approving the Application: 1. Land Use: The proposed development would result in the provision of a

residential dwelling in a sustainable location that would contribute to the delivery of housing in the borough and in London as a whole, in accordance with the NPPF (2012), London Plan Policy 3.3 (2011), Core Strategy Policy H1 (2011), and Policies DM A1 and DMA2 of the Development Management Local Plan (2013).

2. Quality of Accommodation: The proposed dwelling would be of adequate

size, privacy, and with appropriate floor to ceiling height. Subject to conditions, noise would be mitigated for future residents and the development would provide a safe environment. The flat would have aspect from a number of orientations. Daylighting to the flat as a whole is considered to be acceptable. The private amenity area provided would be of sufficient size. The proposal would thereby meet London Plan policies 3.5 and 7.15 and parts of the Mayor's Housing SPG Baseline Standards and Good Practice Standards; and parts of Policies DM A2 and DM A9 of the Development Management Local Plan, including parts of Planning Guidance Supplementary Planning Document 2013 (PG SPD).

3. Transport: There would be no adverse impact on traffic generation, and the

scheme would not result in congestion of the road network, subject to conditions. Conditions would also secure satisfactory provision for refuse/recycling storage and cycle parking. The development would therefore be acceptable in accordance with Policies DM J1, DM J2, DM J5, DM A9 and DM H5 of the Development Management Local Plan (2013), and SPD Sustainability Policies 3, 4, 5, 6, and 8 of the Planning Guidance Supplementary Planning Document (2013).

4. Impact on Neighbours: As no external alterations are proposed and the use is

the same as that in the immediate area, the proposal would have no adverse impact on the residential amenity of neighbouring occupiers; in accordance with policy DM A9 of the Development Management Local Plan (2013).

5. Heritage Assets and Trees: The proposal would preserve the character and

appearance of heritage assets, in accordance with the National Planning Policy Framework, London Plan Policies 7.6 and 7.8, Core Strategy Policies H3 and BE1, Development Management Local Plan Policies G3 and G7. The removal of a tree is acceptable, as an appropriate replacement would be secured through condition; as assessed against London Plan Policy 7.21 and Development Management Local Plan Policy DM E4.

6. Flood Risk: An acceptable Flood Risk Assessment (FRA) has been

submitted. Informatives would recommend improvements to water efficiency and sewerage facilities. The proposal is considered to be in accordance with Policy DM H3 of the Development Management Local Plan (2013).

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LOCAL GOVERNMENT ACT 2000 LIST OF BACKGROUND PAPERS

All Background Papers held by Andrew Marshall (Ext: 3340): Application form received: 25th April 2014 Drawing Nos: see above Policy documents: National Planning Policy Framework 2012

The London Plan 2011 and Revised Early Minor Alterations to The London Plan, 2013 Core Strategy 2011 The Development Management Local Plan 2013 Planning Guidance Supplementary Planning Document July 2013

Consultation Comments: Comments from: Environment Agency - Planning Liaison Thames Water - Development Control

Dated: 20.05.14 20.05.14

Neighbour Comments: Letters from: Dated: 42 fitzjames Ave London W14 0RR 28.05.14 60A Fitzgeorge Avenue London W14 0SW 01.06.14 35 Fitzjames Avenue London W14 0RR 13.06.14 19 Fitzjames Avenue London W14 0RP 18.06.14 30 Fitzjames Avenue London W14 0RR 04.06.14 56 Fitzjames Avenue London W14 0RR 23.06.14 56 Fitzjames Avenue London W14 0RR 19.06.14 44 Fitzjames Avenue London W14 0RR 18.06.14 37 Fitzjames Avenue London W14 0RR 13.06.14 37 Fitzjames Avenue London W14 0RR 10.06.14 26 Fitzjames Avenue London W14 0RR 18.06.14 26 Fitzjames Avenue London W14 0RR 11.06.14 27 Fitzjames avenue London W14 0RR 01.06.14 23 Fitzgeorge Avenue London W14 0SY 18.06.14 5B Fitzjames Avenue London W14 0RP 17.06.14 26 Fitzjames Avenue W14 0RR 18.06.14 NAG 03.07.14 59A Fitz-George Avenue London W14 0SZ 23.06.14 NAG 27.06.14 8 Fitz-George Avenue London W14 0SN 18.06.14 7 Fitzjames Avenue London W14 0RP 17.06.14 25 Fitz-George Avenue London W14 0SY 16.06.14 25 Fitz-George Avenue London W14 0SY 16.06.14 OFFICERS' REPORT 1.0 BACKGROUND 1.1 The application relates to the basement of a ground plus five-storey mansion block located on the northern side of Fitzjames Avenue. The application site forms part of a mansion block, located within a wider development of mansion blocks that run along Fitzjames and Fitzgeorge Avenue. The wider development of mansion blocks was built in the mid to late 1800s, with each mansion block having its own unique plan and design. 1.2 The application property, and the surrounding mansion blocks, are located within the Fitzgeorge and Fitzjames Conservation Area. The mansion blocks on the northern side of Fitzjames Avenue (including the application block) are on the Council's register of Locally Listed Buildings of Merit. The Conservation Area itself is relatively small for the borough and is centred along the mansion blocks of Fitzjames and Fitzgeorge Avenue. 1.3 The property is located within the Environment Agency's Flood Risk Zone 2.

1.4 The planning application seeks consent for a 2-bed flat at lower ground floor level. This would replace existing storage and cycle parking. The scheme would involve the creation of lightwells to the northern elevation, and the installation of windows and doors. There would be some excavation in the area outside the proposed flat, to allow stairs through the lightwell into the new dwelling. 1.5 There are a number of recent relevant planning applications at the application property which sought consent for a 2 bed flat. There are also a number of recent planning applications for additional accommodation at roof level and additional flats at basement level within the mansions blocks. Planning history at the application site: 1.6 Planning permission was refused on 23rd April 2013 for a 2-bed flat. That scheme involved installing new windows and doors; creating two lightwells along the northern building elevation and external alterations (Ref. 2012/04213/FUL). The application was dismissed at appeal on 18th February 2014. 1.7 The application was refused by the council on three grounds: (i) Noise and disturbance to surrounding residents as a consequence of the size of the proposed private amenity space (ii) Poor and inadequate cycle provision (iii) Insufficient refuse and recycling storage 1.8 In making their decision the Planning Inspectorate stated that: (i) The proposal, to the rear of the mansion block, would ensure no detrimental impact on the conservation area. (ii) The amenity space for the flat would be of low quality and would not be used intensively for outdoor activities, therefore the amenity space would not result in noise and disturbance to neighbouring properties. (iii) The proposed replacement cycle parking was not of equal quality to existing cycle storage and would not encourage bicycle usage - but that this matter could be addressed by providing cycle parking in an alternative location on the estate. (iv) The estate has a porterage service with large bin areas for communal waste, and so refuse could be adequately stored on site. In determining the application, the Inspectorate also raised the following: (i) There was insufficient information provided to demonstrate that the existing car parking spaces could continue to be used following the provision of the lightwells to the north. (ii) Accessibility is an issue, though this may not be possible to resolve given the constraints to the property; this needs to be weighed against the benefits of providing an additional flat.

(iii) The daylighting levels in bedrooms would not be ideal but the daylight to the living room would appear to just exceed the recommended minimum values; though he was unsure if the plans put forward for approval would achieve the stated ADF figures. (iv) Pipes within the application site, and which serve the existing building, would need to be removed and the applicant would need to resolve this. (v) Impacts of the scheme on the overall building structure would need to be addressed at building regulations stage. 1.9 A further planning application was submitted for a 2-bed flat in June 2013. This application is currently being considered at appeal (non-determination). This scheme also proposed new lightwells on the northern side of the building; the installation of new windows and doors; and some excavation in the area outside the proposed flat, to allow stairs through the lightwell into the new dwelling (Ref. 2013/02636/FUL). Planning for the wider estate 1.10 There are two current planning applications under consideration for development proposals within the mansion blocks at roof and basement level: (i) A scheme to extend and alter the roof above 35 Fitzjames Avenue to create a 3-bed flat - ref: 2014/03423/FUL - is reported elsewhere on this agenda. The recent planning history relevant to that case is detailed in that report. (ii) A scheme to provide thirty six additional flats at lower ground floor level, under 1-70 Fitz-George Avenue, and 1-59 Fitzjames Avenue - ref: 2014/02186/FUL. This would involve excavating and enlarging basement areas and utilising existing lower ground floor storage areas. Modifications would also take place to existing car parking areas (resulting in the reduction of spaces) and landscaping to accommodate proposed lightwells, window openings, outdoor amenity areas, and cycle parking. Though Officers are still concluding their assessment of this scheme; there are concerns over the quantum of development, the impact on the character and appearance of heritage assets, the impact on street trees, the quality of accommodation, impact on highways and affordable housing. 2.0 PUBLICITY AND CONSULTATIONS 2.1 The application was advertised by way of a site and press notice and 207 neighbour notification letters. 20 individual responses objecting to the proposals were received. Two letters were also received from ward Councillors. 2.2 5 responses were a copy of a letter prepared by the Avenue Leaseholders Association which represents 185 Leaseholders. The comments from the letter can be summarised as follows: - The proposal would impact on emergency access - The proposed flat would have inadequate daylight and sunlight - The proposal would result in unacceptable noise and disturbance from the amenity space - The proposal would increase parking stress - The development cannot be constructed - no information about relocation of services

- No disabled access to the proposed flat 2.3 Two Ward Councillors also raised the above issues. 2.4 The remaining 15 objections can be summarised as follows: - Impact on emergency access - Strain on the sewerage system - Impact on the character and appearance of the conservation area - Impact on security to other residents - Risk of asbestos (Officers' comment: This is not a planning issue) - Structural issues (Officers' comment: This is not strictly a planning issue; though structural engineers have submitted a report) - Loss of common space to leaseholders through construction of lightwells - Loss of a tree 2.5 Environment Agency have raised no objection. 2.6 Thames Water have raised no objection. Informatives are attached relating to surface water, ground water and waste disposal facilities. 2.7 The Metropolitan Police's Crime Prevention Design Officer was consulted on the application, but has not responded. 2.8 The London Fire and Emergency Planning Authority was consulted on the application, but has not responded. 3.0 PLANNING CONSIDERATIONS 3.1 This proposed development needs to be assessed against the relevant policies and standards set out in The National Planning Policy Framework (2012) The London Plan 2011, the Mayor's Housing Supplementary Planning Guidance (2012) and the Council's Local Development Framework, comprising of the Core Strategy 2011, the Development Management Local Plan 2013 (DM LP), and the Planning Guidance Supplementary Planning Document 2013 (PG SPD). 3.2 The relevant planning considerations in this case are; land use, density, quality of the proposed residential accommodation, design and conservation matters, arboricultural impact, impact on neighbours, highways impact, and any other material considerations. LAND USE 3.3 The planning application seeks to utilise the existing storage area/coal holes located at basement level of an existing mansion block in order to provide a two bedroom dwellinghouse with a private external amenity space. 3.4 The National Planning Policy Framework (2012) identifies the need for additional housing and sets out ways in which planning can significantly boost the delivery of housing through the preparation of policy documents. The London Plan states that the Mayor is clear that London desperately needs more homes (paragraph 3.13). This is recognised in London Plan Policy 3.3. Paragraph 3.14 goes on to say that London's population is growing and that delivering more homes which meet a range of needs, are

of a high design quality and are supported by essential infrastructure is a particular priority over the London Plan period. To meet this desperate need, the London Plan sets a target for the delivery of a minimum of 615 new dwellings per annum in Hammersmith and Fulham (London Plan Table 3.1). This number is increased to 1,031 in the Mayor's Further Alterations to the London Plan (January 2014). At the local level, DM LP Policy DM A1 says that the Council will meet and where possible, exceed the London Plan target by supporting the delivery of houses on identified sites, windfall sites and as a result of change of use. 3.5 The proposed development would result in the loss of storage area located in the basement of the mansion block, and result in the delivery of one addition dwelling on a windfall site. The proposal would contribute, albeit in a small way, to the delivery of new housing in the borough. As the surrounding area is in residential use, the proposed development is considered to be compatible with the existing land use in the immediate area. The proposal is therefore considered to be in accordance with London Plan policy 3.3, Table 3.1 and DM LP Policy DM A1. Density 3.6 London Plan Policy 3.4 and Core Strategy Policy H3 seek to ensure that development proposals achieve the optimum intensity of use compatible with local context, design principles and with public transport capacity, with consideration for the density ranges set out in Table 3.2 of The London Plan. This is supported by Policy DM A2 of the DM DPD. The application site is located in Public Transport Accessibility Level (PTAL) 6a. According to The London Plan density matrix, the site can be considered to be set in an 'urban' location. The London Plan's recommended density range for sites in an 'urban' location is up to 700 habitable rooms per hectare. The existing mansion block development in the estate (which has close to 190 flats) is already high; however, it is considered that one extra dwelling which would have only 3 habitable rooms, would only increase the density levels by a small amount. Quality of Residential Accommodation 3.7 Housing quality is a key consideration in the assessment of applications for new developments. The London Plan seeks the delivery of new housing that is of a high quality of design. Policy 3.5 'Quality and Design of Housing Developments' says that housing developments should be of the highest quality internally, externally and in relation to their context and to the wider environment. To ensure the delivery of high quality, well designed housing, the Mayor has prepared Supplementary Planning Guidance entitled 'Housing' (herein referred to as the Housing SPG). The document provides detailed guidance which seeks to assist in the design of new housing to ensure that new developments are of the highest quality and make a difference to the quality of life of new residents. The SPG is clear that increasing output (of housing) is not a simple end in itself - new housing must also enhance the environment, improve choice and affordability and provide better quality homes. Further guidance on how to achieve high quality residential design is also set out at a local level in Core Strategy Policy H3, DM LP Policies DM A2 and A9 and PG SPD Housing Policy 1. 3.8 The Mayor's Housing SPG, says that the Mayor seeks to encourage the kind of housing that provides comfortable and enjoyable places of retreat and privacy. Factors to be considered include privacy, the importance of dual aspect development, noise

mitigation, floor to ceiling heights, daylight and sunlight. These points are addressed in turn below. 3.9 Borough Wide Strategic Policy H3 says that the council will expect all housing developments to respect the local setting and context, provide a high quality residential environment, be well designed and energy efficient, meet satisfactory internal and external space standards, and provide a good rage of housing types and sizes. 3.10 Policy DM A2 says that all new housing must be of high quality design and take account of the amenity of neighbours and must be designed to have adequate internal space in accordance with the London Plan. 3.11 Policy DM A9, entitled 'Detailed Residential Standards' says that the Council will ensure that the design and quality of all new housing is of a high standard. To assess this, the following considerations will be taken into account: - Floor area - Accessibility for disabled people - Amenity and garden space provision - A safe and secure environment - Car parking and cycle parking - Attenuation of surface water run off - Sustainable energy matters - Provision of waste and recycling storage facilities - Noise insulation and layout to minimise noise nuisance between dwellings - Protection of existing residential amenities Size/floor area 3.12 London Plan Policy 3.5 places a significant new focus on internal space standards for dwellings. The purpose of the policy is to ensure that all new homes are fit for purpose and offer the potential to be occupied over time by households of all tenure. London Plan Table 3.3 and Housing SPG Baseline Standard 4.1.1 set out the minimum gross internal area for new flats and states that a two bedroom flat that can accommodate four people, as is the case here, should have a minimum internal area of 70 sqm. The proposed flat would have a total floor area of 109 sq.m. Housing SPG Good Practice Standard 4.5.1 recommends double bedrooms have a minimum internal area of 12sqm and Good Practice Standard 4.4.1 says that living/kitchen/dining areas should have 27sqm. The proposed flat would have two sizeable bedrooms, measuring 15.1 sq.m. and 15.2 sq.m. The living/kitchen/dining area would also be large at 39 sq.m. The proposed development is therefore in accordance with London Plan Policy 3.5, Table 3.1 and Housing SPG Baseline Standard 4.1.1 and Good Practice Standards 4.4.1 and 4.5.1 and Policy DM A9 of the Development Management Local Plan. Privacy 3.13 London Plan Housing SPG Baseline Standard 5.1.1 sets out that design proposals should demonstrate how habitable rooms are provided with an adequate level of privacy in relation to neighbouring property, the street and other public spaces.

3.14 The proposed development would be located at basement level, to the rear of the mansion block. The proposed development would incorporate an area of private amenity space directly in front of the proposed dwelling, to provide a private courtyard. The hardstanding at ground floor level, adjacent to the proposed amenity space is occupied by car parking spaces, this use would continue if the development were to be carried out. The lower position of the proposed flat and the set-back created by the proposed private courtyard would all ensure that opportunities for overlooking from residents moving around the wider site would be limited. In regards to overlooking from existing residential properties, the location of the dwelling at lower ground floor level would only allow glimpsed views from flats at upper levels and so would not result in a detrimental impact on the privacy of residents below. Noise mitigation 3.15 The Housing SPG Baseline Standard 5.3.1 and London Plan Policy 7.15 say that the layout of adjacent dwellings and the location of lifts and circulation spaces should seek to limit the transmission of noise to sound sensitive rooms within dwellings. This policy is supplemented by DM LP Policies DM A9 and DM H9, both of which seek to ensure that development does not result in noise and disturbance to existing and future occupiers. Noise could be mitigated against by ensuring adequate insulation of the building envelope and internal walls, floors and ceilings. 3.16 As the proposed dwelling would be located below existing residential units within the mansion block, there is the potential for the transfer of noise between the dwellings. It is recommended that Condition 13 be included requiring the submission of details of proposed enhanced sound insulation. This would be to the benefit of potential future occupiers and also the existing occupants in the mansion block. Floor to ceiling heights 3.17 The Housing SPG, Baseline Standard 5.4.1 says that the minimum floor to ceiling height in habitable rooms should be 2.5m between finished floor level and finished ceiling level. The section drawings provided in the application show that a 2.5m floor to ceiling height can be achieved, without the need to excavate below the existing floor level. A letter prepared by the Agent, dated 07.08.2014, states that the existing heating pipes within the basement would be removed and re-routed where required. The construction of the basement (including the re-routing of pipes) is a matter that would be properly dealt with via a Building Regulations application, but Officers are satisfied that the required floor to ceiling height could be achieved in accordance with Baseline Standard 5.4.1. Aspect and outlook; daylight and sunlight 3.18 Housing SPG, paragraph 2.3.31 recognises that a home with opening windows on at least two sides has many inherent benefits, including better daylight, a greater chance for direct sunlight for longer periods, natural cross ventilation, mitigating pollution, offering a wider choice of views, access to a quite side of the building, greater flexibility in the use of rooms, and more potential for future adaptability by altering the use of rooms. The preference is for dwellings to be dual aspect. 3.19 The application property itself is limited by the constraints of the existing site, i.e. the footprint of the mansion block, the existing basement and the existing parking

layout. The applicant has sought to design the proposal in a manner that would enables future occupants of the dwelling to have the best accommodation possible in the circumstances. 3.20 The proposed unit would be dual aspect, and provide French doors to the living room and bedrooms; though they would face principally into a restricted courtyard. In the Inspectorate's report, it was highlighted that the outlook from the private amenity space in this courtyard would be very constrained. The two lightwells, though to the north and of limited depth and facing directly into a wall, would be served by large and deep window openings into the living/kitchen/diner. Whilst it is recognised that the lightwells to the north would provide little outlook, the windows would make some contribution to light, and would allow for natural cross ventilation to the living space. 3.21 Documents have been prepared by the applicant in accordance with the 'Site Layout Planning for Daylight and Sunlight - A Guide to Good Practice' document (2011). The report calculates the Average Daylight Factor (ADF) to the proposed dwelling. The ADF is a measure of the overall amount of daylight in a space. The BRE Guidance says that an ADF of 5% would be a well day-lit space and 2% for a partly day-lit space. Below 2%, the room would look dull and electrical lighting is likely to be turned on. The British Standard (BS 8206-2) requires the minimum ADF values of: 1% in bedrooms, 1.5% in living rooms and 2% in kitchens. These figures are also included in the Code for Sustainable Homes and define a minimum acceptable level to make an interior feel day-lit. 3.22 The assessment submitted details that the following ADF would be achievable: Living Room 2.1% Kitchen 2.1% Bedroom 1 0.9% Bedroom 2 1.1% 3.23 The ADF to the living/kitchen/dining area would be just above the minimum recommended 2%. Bedroom 2 would have 1.1%, which is just above the minimum recommended. Bedroom 1 would have 0.9%; which though just below the minimum standard, is a relatively minor shortfall. This shortcoming has to be weighed against the benefit of having an additional unit of accommodation within a sustainable location. 3.24 The report says that taking into account larger window sizes compared with the floors above, the rooms within the new flat would have greater daylight than existing flats above. 3 25 London Plan Housing SPG Good Practice Standard 5.5.2 recommends that all homes should provide for direct sunlight to enter at least one habitable room for part of the day; saying that living areas and kitchen spaces should preferably receive direct sunlight. The supporting text highlights that this is because it would assist in part of the winter heating requirement and would help to provide a comfortable level of light to achieve a range of daily activities. In this case, the layout and height of the building would mean that the proposed flat would not receive direct sunlight. However, it is acknowledged that there are existing dwellings within the mansion block, which also face into a courtyard with a northerly aspect; and these units would not benefit from direct sunlight either. The Inspectorate's report highlighted that the level of direct sunlight to the courtyard, which would be a private amenity area for the new flat, would be extremely limited. This would be the case from inside the flat too. This shortcoming

has to be weighed against the benefit of having an additional unit of accommodation within a sustainable location. Private open space 3.26 Policy DM A9 requires the provision of private amenity space, in accordance with The London Plan requirements. The London Plan Housing SPG identifies that private open space is highly valued and should be provided in all new housing developments. The Baseline Standard 4.10.1 says that there should be a minimum of 5 sq.m. of private outdoor space for 1 to 2 person dwellings and an extra 1 sq.m. for each additional occupant. In this case, the dwelling is capable of accommodating four occupants and should provide a minimum of 7 sq.m. of private open space. 3.27 The application would provide an amenity space of 31 sq.m. directly in front of the proposed bedrooms and living room, by lowering an existing courtyard; which in terms of size required by Development Plan Documents would be more than sufficient. In the assessment of the previously refused application, Officers raised concerns however about the large size of the amenity space, and potential implications in regards to noise and disturbance to surrounding residents. This matter will be considered later in the report. 3.28 In determining the appeal the Inspector says that the outdoor area is enclosed, to a large extent, by the high building to all but one side. The Inspector notes that the outlook from it is very constrained and the level of direct sunlight extremely limited. The Inspector says that it is not particularly private because of the accommodation above. Given these characteristics, the Inspector concluded that it is unlikely that this area would be used intensively for outdoor activities. The Inspector had suggested that reducing the amenity area would further reduce activities in this location. The proposal would provide quite a lot more amenity area than the minimum required. It should also be noted that many residents within the mansion blocks in this location do not have any access to private amenity space, though there is communal space, which provides a setting around the buildings. This shortcoming has to be weighed against the benefit of having an additional unit of accommodation within a sustainable location. Accessibility 3.29 London Plan Policy 3.8 'Housing Choice', DM LP Policy DM A9 'Detailed Residential Standards', DM LP Policy DM A4 'Accessible Housing' and SPD Design Policy 1 'Inclusive Design' of the PG SPD relate to ensuring that homes are accessible and meet 'Lifetime Homes' standards. The DM LP Policy DM A4 allows for some flexibility in the application of 'Lifetime Homes' recognising that this is not always feasible when new dwellings are formed in existing property. 3.30 The applicant has indicated that access to the new flat would be provided via two access points. Firstly, through the main internal staircase, which is accessed from the front entrance of the mansion block on Fitzjames Avenue, and secondly from the external courtyard to the flat that would be accessed via a set of stairs. 3.31 The proposed development would not provide level access. There would be steps to overcome with both of the accessways into the proposed flat. However, Officers note that the existing mansion block does not benefit from a level access. This matter was previously considered at appeal and the Inspector highlighted that the flat would have

shortcomings with regard to accessibility for persons with mobility impairments and it was acknowledged that this concern would be difficult to overcome. The Inspector concluded that this matter had to be weighed against the benefits of achieving an additional residence in a sustainable location. Security 3.32 Policy DM G1 of the Development Management Local Plan, 2013 would expect proposals to meet 'Secured by Design' requirements. A condition (21) would ensure a safe and secure environment for users of the development. Conclusion on quality of accommodation 3.33 It is considered that the proposed dwelling would be of adequate size and privacy, and that there would be appropriate floor to ceiling heights achieved. Subject to conditions, noise into the flat would be mitigated and the development would provide a safe environment. There would not be any level access into the flat, so the unit would not be acceptable for wheelchair users. The flat would be multi-aspect, but outlook would not be good with window openings being restricted by the existing building, walling and the depth of lightwells. Daylighting to the flat as a whole is considered to be acceptable, though the minimum standard would not be met for one of the two bedrooms. The private amenity area would be of sufficient size, though there are question marks over its privacy and usability. There are shortcomings with respect to sunlight to the flat itself and also the private amenity space. RESIDENTIAL AMENITY 3.34 The relevant considerations in regards to residential amenity are the impact of the proposal on outlook and lighting conditions to neighbouring dwellings and any impacts in regards to loss of privacy and noise and disturbance. DM LP Policy DM A9 requires that these are not detrimentally impacted upon as a consequence of a new development. 3.35 The proposed development would utilise an existing basement and therefore the location of the development would not result in a loss of outlook or daylight to neighbouring properties. The proposed excavation to provide the private courtyard and new stairs to access the flat would not impact on light or outlook to surrounding dwellings. 3.36 In regards to privacy, the application is located below ground floor level and future residents would not be afforded views into any surrounding flats from this level. 3.37 As addressed above in the report, noise and disturbance is an important consideration in the quality of accommodation and the impact that the new development could have on residential properties located above the application site. Regard therefore must be had to DM LP Policy DM H9. Condition 13 has been included to ensure that appropriate sound insulation would be installed to protect the amenity of existing residents, as well as future residents. 3.38 The application would provide an amenity space of 31 sq.m. by lowering an existing courtyard. Officers raised concerns previously about the large size of the

amenity space, and potential implications in regards to noise and disturbance to surrounding residents. 3.39 In determining the appeal the Inspector says that the outdoor area would be enclosed, to a large extent, by the high building to all but one side. The Inspector notes that the outlook from the amenity area would be very constrained and that the level of direct sunlight extremely limited. The Inspector says that the space would not be particularly private because of the existing accommodation above, which could look down into it. Given these characteristics, the Inspector concluded that it is unlikely that this area would be used intensively for outdoor activities. These are reasonable conclusions to come to and on this basis, Officers do not consider that noise arising would adversly impact on neighbours to any significant degree. 3.40 The proposed development, owing to its location and detailed design would ensure that there would be no detrimental impact on neighbouring dwellings in regards to light, outlook and privacy. Subject to Condition 13, the proposed development would not result in noise and disturbance to existing residents. No objection is raised to the proposal in regards to DM LP Policies DM A9 and DM H9 and SPD Housing Policy 8 of the PG SPD. 3.41 Construction, noise and disturbance has been highlighted as a concern by residents. Given the location of the proposed development at basement level, below existing dwellings, it is considered necessary that a Construction Management Plan should be submitted for approval prior to commencement of the development. Condition 10 relates. 3.42 Residents have raised concerns about the loss of common space through the provision of the lightwells to serve the new flat. The function of this common space is principally as a vehicular access way and does not provide amenity value. The access way could continue to function (this is addressed in the highways section of the report) and Officers are satisfied that the proposal would not result in an unacceptable reduction in communal space. 3.43 Residents have raised concerns about the structural impact of the proposed development. No excavation is proposed within the footprint of the building, only a small excavation to form lightwells to the north, and to the private amenity space. A structural report has been submitted with the planning application relating to how these works would be carried out. The Inspector considered this matter in his decision, and stated that potential impacts on the structure of the building is a matter that would need to be fully addressed at the Building Regulations stage. DESIGN AND CONSERVATION 3.44 The proposal needs to be considered against the National Planning Policy Framework, London Plan Policies 7.6 and 7.8, Core Strategy Policies H3 and BE1, DM LP Policies G3 and G7. These policies require that alterations to existing buildings should be of the highest quality, having regard to the context of the site and protecting heritage assets which are a finite resource. 3.45 Paragraph 132 of the National Planning Policy Framework requires that when assessing the impact of developments, consideration should be had to the significance of the heritage asset, and great weight should be given to the asset's conservation. The

more important the asset, the greater the weight should be. The paragraph sets out that as heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. 3.46 In assessing the significance of the site as a heritage asset, regard has been had to The Fitzjames and Fitzgeorge Character Profile. The Character Profile details that Fitzgeorge Avenue was built first, as a series of large mansion blocks, each different in plan and design. Following completion of Fitzgeorge Avenue, Fitzjames Avenue was built, drawing on the design of Fitzgeorge Avenue but increasing the buildings in height, rising up to six storeys and providing balconies and more elaborate bays. Owing to the more detailed design of Fitzjames Avenue, in comparison to Fitzgeorge Avenue, 1-59 Fitzjames Avenue has been placed on the Local Register of Buildings of Merit. 3.47 The proposed development would utilise an existing basement. External alterations would include the lightwells, excavation of the private courtyard and the installation of doors and windows to serve the new dwelling. The mansion block to which this application forms part is on the register of Locally Listed Buildings of Merit. In this case, the proposed alterations would occur to the rear of the mansion block. The rear elevations are of considerably lesser detail and interest despite being to some degree visible from the surrounding properties to the north. The rear elevations retain the uniform pattern of fenestration, the rear elevation is subservient. The proposed lightwells would be clearly evident in the rear communal area but Officers are satisfied that subject to the use of appropriate materials, these would not have an adverse impact on the appearance of the building. Given the subservient nature of the rear elevation and the location of the proposed alterations, at lower ground floor level and inwardly facing, Officers consider the alterations to be modest in scale and to preserve the appearance of the mansion block and its setting. The proposal would have no adverse impact on the appearance of the conservation area. The proposal is therefore considered to be in accordance with paragraph 132 of the NPPF, London Plan Policies 7.6 and 7.8, Core Strategy Policies H3 and BE1, DM LP Policies DM G3 and DM G7. ARBORICULTURAL IMPACT 3.48 London Plan Policy 7.21 and DM LP Policy DM E4 are concerned with ensuring the natural environment is preserved and enhanced and seeks to protect existing trees. In order to undertake the proposed excavation associated with the formation of the private courtyard, it is necessary that one tree, a Cherry Tree, is removed. The applicant has provided an arboricultural assessment with the application which says that the tree has a misshapen crown due to being positioned immediately to the west and to the south of the mansion block which has curtailed crown development. The report also says that the tree contributes very little to the aesthetic and amenity value of the area. 3.49 Officers consider that whilst the tree does provide some amenity value to the existing residents, it is not worthy of a Tree Preservation Order and therefore, it is not essential to keep it. Officers are satisfied that, subject to condition 12, that would secure the provision of a replacement tree, the proposed removal of the tree would be acceptable when considered against London Plan Policy 7.21 and DM LP Policy DM E4.

HIGHWAYS MATTERS Car Parking 3.50 The application site is located within Public Transport Accessibility Level (PTAL) 6a, which is defined by Transport for London as excellent accessibility to public transport. The London Plan Policy 6.13 and DM LP Policy DM J2 set maximum parking standards for developments. A dwelling with two bedroom dwellings should have less than one parking space associated to them. The supporting text to Policy DM J2 says that in areas of good transport accessibility or above, there should be significantly less than one car parking space provided per unit. It is proposed that the development would have access to one off-street car parking space on the private estate, which is considered acceptable due to the parking spaces already being in situ on site. 3.51 Policy DM J3 says that 'market and intermediate housing with zero .... car parking will only be considered in areas with good levels of public transport accessibility, where the occupants are unlikely to need a car and where quality of life criteria such as access to shops are satisfied'. The justification to the policy says that 'While each case should be considered on its merits, living without a car is only a viable option in areas of reasonable public transport accessibility and where there is a good range of facilities in walking or cycling distance'. 3.52 The proposal could lead to occupants needing or wanting to have a car, though maybe not necessarily needing one for day to day activity, given that the site is located within an area designated as PTAL 6a, and is considered to have excellent accessibility to public transport. There are also a range of shops and services nearby, within walking distance. 3.53 It is proposed that the development would have access to one off-street car parking space on the private estate. The proposal would incorporate lightwells to the north where there are three existing car parking spaces. The applicant has provided swept path analysis which demonstrates that the three existing parking spaces could continue to function following the insertion of the lightwells and therefore, the proposed development would have no impact on the car parking provision in that location. The proposed development is therefore considered to be in accordance with policy DM J1 of the DM LP which seeks to ensure that developments would not detrimentally impact on the highway network. The unit would be designated as 'car parking permit free'. The applicants are agreeable to this; and it would be secured by Conditions 6, 7 and 8. Cycle Parking 3.54 London Plan Policy 6.9 and DM LP Policy DM J5 relate to increasing opportunities for cycling and walking. In order to achieve this, developments are required to provide safe and convenient cycle parking facilities. Table 5 of the DM LP requires the provision of two cycle parking spaces for a dwelling of two or more bedrooms (as is the case with this application). 3.55 The applicant proposes to relocate the existing cycle storage in the application site to an alternative basement location within the wider estate and to provide two additional bicycle storage spaces for future residents of the flat proposed. In order to provide the stairs and ramp to the replacement basement internal cycle storage (where

there would be seventeen spaces; fifteen to replace existing and two new ones), twenty existing cycle parking spaces will be reconfigured at ground floor level. 3.56 The proposed internal basement cycle storage would be accessed via a stair with ramp which would also be an improvement on the existing situation where residents are required to carry their bikes down stairs. It is recommended that Condition 5 should be included requiring safe and secure cycle parking on site that should be retained in perpetuity, in order to ensure that the development is in accordance with Policy DM J5 of the Development Management Local Plan (2013). Refuse Storage 3.57 Core Strategy Borough Wide Strategic Policy CC3, DM LP Policy DM H5 and SPD Sustainability Policy 3 are concerned with the provision of suitable and sustainable waste storage. The estate benefits from a porterage service and has a large area for communal waste bins, this could be utilised by any future occupants. There is an adequate internal area for the storage of refuse inside the proposed flat. This would be in accordance with policy CC3, DM LP Policy DM H5 and SPD Sustainability Policy 3. It is recommended that Condition nine be included to ensure that future occupiers utilise the existing refuse storage facilities. Emergency Access 3.58 Residents have raised concerns that the lightwell would reduce the width of the access road. The Inspector previously indicated that the access route would remain of sufficient width to accommodate the passage of vehicles, including those of the emergency services. Construction Logistics Plan 3.59 SPD Transport Policy 28 sets out that the council requires that all new developments that have the potential to have a detrimental impact during the construction phase will require a Construction Logistics Plan. Given the constraints of the site and the number of residents within the mansion blocks, it is recommended that a condition is including requiring the provision of the Construction Logistics Plan (Condition 11). ENVIRONMENTAL MATTERS Flood risk 3.60 The application site is located within the Environment Agency's Flood Risk Zone 2. This indicates a medium risk to flooding from the Thames. However, this designation does not take into account the high level of flood protection provided by the Thames Barrier and local river wall defences. If the flood defences failed or were breached, the site would not be at risk from rapid inundation by flood waters. The site is not in an area considered to be more susceptible to surface water flooding. 3.61 A Flood Risk Assessment Report (FRA) has been submitted with the application. This recommends flood resilience measures that are appropriate for the development such as use of flood proof materials such as solid concrete floors, raising of services

and electrical sockets etc. Condition 20 would ensure that those measures are carried out. The Environment Agency have not raised any objection to the proposal. Sustainable energy 3.62 Given the extent of the development, providing only a single flat, and given the building of merit status of the mansion block, there is limited opportunity to provide sustainable energy measures; though it is noted that the new flat would have to meet current thermal insulation standards. Water and drainage infrastructure 3.63 Local Plan policy DM H3 requires developments to reduce the use of water and minimise current and future flood risk by implementing a range of measures such as Sustainable Drainage Systems (SUDS) and also the use of water efficient fittings and appliances. Potential for SUDS measures has been assessed as part of the FRA, although given the nature of the proposals, no measures are considered viable. However, use of water butts should be considered as this may be feasible. Water efficient fittings/appliances should also be installed when the basement flat is fitted out to help minimise water use and is included as an informative. 3.64 Residents have raised concerns about the impact on the sewerage system. Thames Water were consulted on the application and raised no objection to the proposal on the grounds of waste. As the new basement flat would include a kitchen and bathrooms, it is recommended that a non-return valve should be installed to prevent backflow of sewage and to help protect against sewer surcharge flooding. This is included as an informative . Contaminated land 3.65 Potentially contaminative land uses (past or present) are understood to occur at, or near to, this site. The conditions are required to ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works, in accordance with Borough Wide Strategic Policy CC4 of the Core Strategy and policies DM H7 and DM H11 of the Development Management Local Plan. Conditions 14-19 relate. IMPACT ON LOCAL SERVICES 3. 66 Officers acknowledge that existing local health and educational facilities services are stretched. However, the scheme is for only one flat, with at most four extra residents, such that the impact should be absorbed without the need for the scheme to contribute financially to enhancing services. 4.0 CONCLUSION AND RECOMMENDATION 4.1 The proposed development would result in the provision of a residential dwelling in a sustainable location that would contribute to the delivery of housing in the borough and in London as a whole, whilst preserving the character and appearance of the local heritage assets, in accordance with the National Planning Policy Framework, The London Plan and local plans.

4.2 The density of the mansion blocks is already high, but this proposal would result in only one additional unit, such that density would increase by only a small margin. The inclusion of conditions would ensure that the development protect the amenity of existing residents and would not detrimentally impact on the highway network, trees or contaminated land. The quality of the accommodation is not ideal, but this has to be weighed against the fact that the proposal would bring into existence a new sizeable dwelling in an accessible location. There also has to be regard to the Planning Inspectorate's decision, which recognises a number of merits within a very similar proposal, and the benefits of increasing the housing stock. 4.2 On balance, officers recommend that planning permission should be granted, subject to conditions.

--------------------------------------------------------------------------------------------------------------------- Ward: Avonmore And Brook Green

Site Address: 35 Fitzjames Avenue London W14 0RR




Case Officer: Alison Coster Conservation Area: Fitz-George And Fitzjames Conservation Area - Number 19

Applicant: Mr Company Secretary C/o Optimus Fiduciaries Leconfield House St Mary's, The Parade Castletown Isle Of Man IM9 1LG Description: Extension and alteration of part of the roof above flat 35 Fitzjames Avenue to create 1 a 3-bed self-contained flat; enlargement of existing dormer window to the courtyard elevation; installation of new rooflights to existing roofslopes Drg Nos: 1794-LF02-05, 1794-LF02-03, 1794-LF02-04A Application Type: Full Detailed Planning Application Officer Recommendation: That the application be approved subject to the condition(s) set out below: 1) The development hereby permitted shall not commence later than the expiration of




approved drawings: 1794-LF02-05, 1794-LF02-03, 1794-LF02-04A To ensure a satisfactory external appearance, to provide a satisfactory quality

residential unit and to prevent harm to the street scene, in accordance with Policy BE1 of the Core Strategy (2011) and Policies DM A1, DM A2, DM A3, DM A4, DM A9, DM G3 and DM G7 of the Development Management Local Plan (2013).

3) Any alterations to the elevations of the existing building shall be carried out in the

same materials as the existing elevation to which the alterations relate. To ensure a satisfactory external appearance, in accordance with Policy BE1 of

the Core Strategy (2011) and Policies DM G3 and DM G7 of the Development Management Local Plan (2013).

4) The windows in the development hereby approved shall be of timber construction,

to match the existing windows. To ensure a satisfactory external appearance, in accordance with Policy BE1 of

the Core Strategy (2011) and Policies DM G3, DM G5 and DM G7 of the Development Management Local Plan (2013).

5) The development hereby approved shall not commence prior to the submission of

details for two safe and secure cycle parking spaces. The development hereby approved shall not be occupied until the cycle parking spaces as approved have been installed on site and the spaces shall be retained in perpetuity.

To ensure the satisfactory provision of cycle parking, in accordance with Policy

DM J5 of the Development Management Local Plan (2013). 6) The flat hereby permitted shall not be occupied until the Council has been notified

in writing (and has acknowledged such notification) of the full postal address of the flat. Such notification shall be to the Council's Head of Development Management and shall quote the planning application number specified in this decision letter.

In order that the Council can update its records to ensure that parking permits are

not issued to the occupiers of the flat hereby approved, and thus ensure that the development does not harm the existing amenities of the occupiers of neighbouring residential properties by adding to the already high level of on-street car parking stress in the area, in accordance with Policy T1 of the Core Strategy 2011, Policy DM J2 and J3 of the Development Management Local Plan 2013, and SPD Transport Policies of the Planning Guidance Supplementary Planning Document 2013.

7) No occupiers of the flat hereby permitted, with the exception of disabled persons

who are blue badge holders, shall apply to the Council for a parking permit or retain such a permit, and if such a permit is issued it shall be surrendered to the Council within seven days of written demand.

In order to ensure that the development does not harm the existing amenities of

the occupiers of neighbouring residential properties by adding to the already high level of on-street car parking stress in the area, in accordance with Policy T1 of the Core Strategy 2011, Policy DM J2 and J3 of the Development Management Local Plan 2013, and SPD Transport Policies of the Planning Guidance Supplementary Planning Document 2013.

8) The flat hereby permitted shall not be occupied until such time as a scheme has

been submitted to and approved in writing by the local planning authority to ensure that all occupiers, other than those with disabilities who are blue badge holders, have no entitlement to parking permits from the council and to ensure that occupiers are informed, prior to occupation, of such restriction. The flat shall not be occupied otherwise than in accordance with the approved scheme unless prior written agreement is issued by the Council.

In order that the prospective occupiers of the flat concerned are made aware of

the fact that they will not be entitled to an on-street car parking permit, in the interests of the proper management of parking, and to ensure that the development does not harm the existing amenities of the occupiers of neighbouring residential properties by adding to the already high level of on-street

car parking stress in the area, in accordance with Policy T1 of the Core Strategy 2011, Policy DM J2 and J3 of the Development Management Local Plan 2013, and SPD Transport Policies of the Planning Guidance Supplementary Planning Document 2013.

9) All refuse generated by the development hereby permitted shall be kept within the

flat or within the existing communal refuse and recycling facilities within the estate. To ensure that the use does not give rise to smell, nuisance and an accumulation



Management Plan shall be submitted to and approved in writing by the Council. Details shall include control measures for dust, noise, vibration, lighting, delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary to 0800-1800hrs Mondays to Fridays and 0800-1300hrs on Saturdays, advance notification to neighbours and other interested parties of proposed works and public display of contact details including accessible phone contact to persons responsible for the site works for the duration of the works. The details shall also include the numbers, size and routes of demolition and construction vehicles, provisions within the site to ensure that all vehicles associated with the construction works are properly washed and cleaned to prevent the passage of mud and dirt onto the highway, and other matters relating to traffic management to be agreed. Approved details shall be implemented throughout the project period.


affected by noise, vibration, dust, lighting or other emissions from the building site, in accordance with policies DM J1, J6, H5, H8, H9, H10 and H11 of the Development Management Local Plan (2013).


Logistics Plan shall be submitted to and approved in writing by the Council. Details shall include control measures for dust, noise, vibration, lighting, delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary to 0800-1800hrs Mondays to Fridays and 0800-1300hrs on Saturdays, advance notification to neighbours and other interested parties of proposed works and public display of contact details including accessible phone contact to persons responsible for the site works for the duration of the works. The details shall also include the numbers, size and routes of demolition and construction vehicles, provisions within the site to ensure that all vehicles associated with the construction works are properly washed and cleaned to prevent the passage of mud and dirt onto the highway, and other matters relating to traffic management to be agreed. Approved details shall be implemented throughout the project period.

To ensure that construction works do not adversely impact on the operation of the public highway, and that the amenity of occupiers of surrounding premises is not adversely affected by noise, vibration, dust, lighting or other emissions from the building site, in accordance with policies DM J1, J6, H5, H8, H9, H10 and H11 of the Development Management Local Plan (2013).

12) The development hereby approved shall not commence until a drainage strategy

has been submitted to, and approved by the Council, in consultation with the sewerage undertaker. No discharge of foul or surface water from the property shall be accepted into the public system until any necessary drainage works referred to in the strategy have been completed.

Condition required by Thames Water, to prevent the development leading to

sewage flooding; and to ensure that sufficient capacity is available to satisfy the development; and in order to avoid adverse environmental impact upon the community in accordance with Policy 5.13 of the London Plan (2011) and DM LP Policy DM H5.

13) Prior to commencement of the development, details shall be submitted to and

approved in writing by the Council, of an enhanced sound insulation value DnT,w and L'nT,w of at least 5dB above the Building Regulations value, for the floor/ceiling /wall structures separating different types of rooms/ uses in adjoining dwellings, Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

To ensure that the amenity of occupiers of the flat and neighbours are not

adversely affected by noise, in accordance with Policies DM H9 and H11 of the Development Management Local Plan.

14) The development hereby approved shall not commence until a statement of how

'Secured by Design' requirements are to be achieved has been submitted to and approved in writing by the Council. The approved details shall be carried out prior to occupation of the development hereby approved and permanently maintained thereafter.

To ensure a safe and secure environment, in accordance with policy DM G1 of the

Development Management Local Plan, 2013. Justification for Approving the Application: 1. Land Use: The proposed development would result in the provision of a

residential dwelling in a sustainable location that would contribute to the delivery of housing in the borough and in London as a whole, in accordance with the NPPF

(2012), London Plan Policy 3.3 (2011), Core Strategy Policy H1 (2011), and Policies DM A1 and DMA2 of the Development Management Local Plan (2013).

2. Quality of Accommodation: The proposed dwelling would be of adequate

size, private, and with appropriate floor to ceiling height. Subject to conditions, noise would be mitigated for future residents and the development would provide a safe environment. The flat would have aspect from a number of orientations. Daylighting and sunlighting to the flat would be be acceptable. The private amenity area provided is considered to be acceptable. The proposal would thereby meet London Plan policies 3.5 and 7.15 of the Mayor's Housing SPG Baseline Standards and Good Practice Standards; and Policies DM A2 and DM A9 of the Development Management Local Plan, including Planning Guidance Supplementary Planning Document 2013 (PG SPD).

3. Transport: There would be no adverse impact on traffic generation, and the

scheme would not result in congestion of the road network. Conditions would secure satisfactory provision for refuse/recycling storage and cycle parking. The development would therefore be acceptable in accordance with Policies DM J1, DM J2, DM J5, DM A9 and DM H5 of the Development Management Local Plan (2013), and SPD Sustainability Policies 3, 4, 5, 6, and 8 of the Planning Guidance Supplementary Planning Document (2013).

4. Impact on Neighbours: The proposal would, subject to condition, have no

adverse impact on the residential amenity of neighbouring occupiers; in accordance with policy DM A9 of the Development Management Local Plan (2013).

5. Heritage Assets: The proposal would preserve the character and appearance

of heritage assets, in accordance with the National Planning Policy Framework, London Plan Policies 7.6 and 7.8, Core Strategy Policies H3 and BE1, Development Management Local Plan Policies G3 and G7.

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All Background Papers held by Andrew Marshall (Ext: 3340): Application form received: 16th July 2014 Drawing Nos: see above Policy documents: National Planning Policy Framework 2012


Consultation Comments: Comments from: Environment Agency - Planning Liaison Thames Water - Development Control

Dated: 31.07.14 30.07.14

Neighbour Comments: Letters from: Dated: 54 Fitz-George Avenue London W14 0SW 11.08.14 9A Fitz-George Avenue London W14 0SY 13.08.14 46 Fitzgeorge Avenue London W14 0SW 12.08.14 42 fitzjames Ave London W14 0RR 12.08.14 59 Fitzjames Avenue London W14 0RR 31.08.14 84 North End House Fitzjames Avenue London W14 0RX 08.08.14 30 Fitzjames Avenue London W14 0RR 05.08.14 7 Fitzjames Avenue London W14 0RP 31.08.14 3 Fitzjames Avenue London W14 0RP 31.08.14 1 Fitzjames Avenue London W14 0RP 31.08.14 117 North End House Fitzjames Avenue London W14 0RY 20.08.14 35 Fitzjames Avenue London W14 0RR 12.08.14 56 Fitzjames Avenue London W14 0RR 12.08.14 54 Fitzjames Avenue London W14 0RR 31.08.14 52 Fitzjames Avenue London W14 0RR 31.08.14 45 Fitzjames Avenue London W14 0RR 07.08.14 44 Fitzjames Avenue London W14 0RR 31.08.14 29 Fitzjames Avenue London W14 0RR 13.08.14 26 Fitzjames Avenue London W14 0RR 18.08.14 20 Fitzroy Square London W1T 6EJ 21.08.14 60A Fitzgeorge Avenue London W14 0SW 30.07.14 23 Fitzgeorge Avenue London W14 0SY 25.08.14 112 north end house London W14 0ry 19.08.14 Chartered Surveyor Hever Business Management Limited 31.08.14 Victorian Society 31.08.14 39 Fitzgeorge Ave 31.08.14 35 Fitzgeorge Ave 31.08.14 6 Vernon Street London W14 0RJ 21.08.14 68 Fitzgeorge Avenue 31.08.14 60 Fitzgeorge Avenue 31.08.14 56 Fitjames Avenue 31.08.14 44 Fitzgeorge Avenue 31.08.14 6 Vernon Street West Kensington London W14 0RJ 21.08.14 Chartered Surveyor Barham Court Teston Maidstone MW18 5BZ 21.08.14

OFFICERS' REPORT 1.0 BACKGROUND 1.1 The application relates to the roof of a ground plus five-storey mansion block located on the northern side of Fitzjames Avenue. The application site forms part of a mansion block, located within a wider development of mansion blocks that run along Fitzjames and Fitzgeorge Avenue. The mansion blocks were built in the mid to late 1800s, with each block having its own unique plan and design. 1.2 The application property, and the surrounding mansion blocks, are located within the Fitzgeorge and Fitzjames Conservation Area. The mansion blocks on the northern side of Fitzjames Avenue (including the application block) are on the Council's register of Locally Listed Buildings of Merit. The Conservation Area itself is relatively small for the borough, and is centred on the mansion blocks of Fitzjames and Fitzgeorge Avenue. The property is located within the Environment Agency's Flood Risk Zone 2. 1.3 The planning application seeks consent for the extension and alteration of part of the roof above flat 35 Fitzjames Avenue to create a 3-bedroom self-contained flat; erection of a replacement dormer window to the courtyard elevation in association with internal alterations to the lift shaft; installation of new rooflights to existing roofslopes. 1.4 There are a number of recent relevant planning applications at the application property and within the mansions blocks. 1.5 Three previous planning applications have been made for a 3-bed flat at the application property. 1.6 Firstly, an additional storey was proposed, following part demolition and alterations of roofslopes and with existing dormer windows being replaced and aligned with windows below. This was subsequently withdrawn in February 2013. (Ref: 2012/04215/FUL). 1.7 Secondly, a proposal for extension and alteration of part of the roof, including enlarging an existing dormer window to the internal courtyard elevation; and cycle parking to replace storage at basement level, was refused permission in July 2013 (Ref: 2013/01885/FUL). An appeal was made against the decision, and that was dismissed by the Planning Inspectorate. 1.8 The application was refused by the council on five grounds that can be summarised as follows: (i) Design and appearance - inconsistent information provided and the proposal would result in harm to the Building of Merit and conservation area through the proposed raising of the ridge (ii) The quality of accommodation, owing to lack of outlook from the rooflights (iii) Impact on parking stress through the displacement of existing residents to on-street parking spaces (iv) Insufficient justification of loss of existing residential storage to provide cycle parking 1.9 The application was dismissed at appeal. The Inspector agreed with the Council that the alterations to the roof ridge had not been adequately addressed; saying that the

scheme would not result in less than significant harm to the conservation area and the alteration of the roof would undermine the significance of the building of merit. All other matters were considered acceptable. 1.10 A third proposal for extension and alteration of part of the roof including enlargement of an existing dormer window to the internal courtyard elevation and installation of new rooflights to the existing roofslopes, was refused in July 2014 on the grounds of the impact on the design and appearance of the Building of Merit and harm to the conservation area. No design alterations had been made since the previously dismissed appeal. The applicant has recently appealed against the Council's decision to the Planning Inspectorate (Ref: 2014/02190/FUL). 1.11 There have also been applications for similar development at roof level within the mansion blocks. 1.12 Planning permission was refused in February 2014 for schemes at 36 Fitzjames Avenue to provide an extension to the existing flat in the roof, comprising rooflights in the roofslopes and installing a new door and formation of a balcony, following removal of existing water tanks at sixth floor level to be replaced and aligned with windows below (Refs: 2013/04867/FUL and 2013/04867/FUL). These decisions were made prior to the determination of the appeal by the Inspector referred to above, which decided that rooflights would be acceptable. 1.13 There are also two current planning applications under consideration for development proposals within the mansion blocks at basement level: (i) A scheme to provide a 2-bed flat under 25 Fitzjames Avenue - ref: 2014/01948/FUL - is reported elsewhere on this agenda. The recent planning history relevant to that case is detailed in that report. (ii) A scheme to provide thirty six additional flats at lower ground floor level, under 1-70 Fitz-George Avenue, and 1-59 Fitzjames Avenue - ref: 2014/02186/FUL. This would involve excavating and enlarging basement areas and utilising existing lower ground floor storage areas. Modifications would also take place to existing car parking areas (resulting in the reduction of spaces) and landscaping to accommodate proposed lightwells, window openings, outdoor amenity areas, and cycle parking. Though Officers are still concluding their assessment of this scheme; there are concerns over the quantum of development, the impact on the character and appearance of heritage assets, impact on street trees, the quality of accommodation, impact on highways and affordable housing 2.0 PUBLICITY AND CONSULTATIONS 2.1 The application was advertised by way of a site and press notice and 207 neighbour notification letters. 94 individual responses objecting to the proposals were received. Two letters were also received from ward Councillors. 2.2 34 responses provided a copy of a letter prepared on behalf of the Avenue Leaseholders Association, submitted on behalf of all members of the association. Comments can be summarised as follows:

- The drawings are insufficient to assess the proposal but would clearly be detrimental to the building architecture, setting and environment of the conservation area (Officers' comment: the drawings are sufficient) - The proposal includes modifying the roof profile and creation of a flat roof area, contrary to conservation policies - The sections are incomplete, unrealistic and would not be feasible - Roof lights would be unsightly and incongruous - There are many items which remain unresolved from previous applications and the appeal 2.3 An additional objection from the Avenue Leaseholders Association can be summarised as follows: - The drawings do not show an internal wall for the lift shaft. Once this is installed, internal circulation space would be too narrow (Officers' Comment: this is not a planning issue - this would need to be addressed through building regulations). - Adverse Precedent (Officers' Comment: All applications must be assessed on their own planning merit). - Noise, disruption and restricted access that extended works would create to residents. (Whilst not a planning matter, this could be largely addressed through the submission of a detailed Construction Management Plan, as detailed in Condition 10) 2.4 Four copies of a letter prepared by Anthony Keen Chartered Surveyor and Chartered Town Planner, have been submitted on behalf of the leaseholders and occupiers of the 185 flats at Fitzgeorge and Fitzjames Avenue. Comments can be summarised as follows: - The applicant has not addressed the Inspector's reasons for dismissing the application which stated that 'piecemeal alteration to the ridge heights, particularly those that are visible from the street or the front courtyards, would detract from the overall integrity of the building'. These objections apply with equal force to the current application, which proposes infilling of part of the roof between a hipped section and a gable end, thereby altering the existing roofline' - The roof lights on elevation D would represent an incongruous and obtrusive feature that would harm the appearance of the roof, which is currently devoid of such roof lights. These would be visible from the street and the courtyard as well as the east-facing windows in the block opposite. - Proposal would create an undesirable precedent. 2.5 56 objections received can be summarised as follows: - Unacceptable piecemeal alteration to the roof in a conservation area is unacceptable - Rooflights would be incongruous and unsightly - Construction works would be detrimental to residents - Proposal could lead to parking problems - Alterations would be particularly visible to residents at high levels in the blocks - Construction office would impact on fire escape for residents during construction - Unacceptable precedent. Heat loss and impact on residents during construction (Officers' Comment: This is not a material consideration in the assessment of planning applications). - No mention of possible damage to the integrity of the roof. (Officers' Comment: This is not a material consideration in the assessment of planning applications and would be addressed by building regulations).

2.6 Ward councillors' comments can can be summarised as follows: - The proposal would alter the roofline of the historic building - The proposed development may result in structural problems to the flats underneath - The proposed development may create light nuisance - The proposed development would increase parking and amenity pressure on Fitzgeorge and Fitzjames footprint - The proposal would seem to be vexatious and could set a precedent - The proposal would represent overdevelopment - The proposal would result in unbearable pressure on local health and educational facilities 2.7 Outstanding matters raised above, are addressed in the report below. 2.8 The Environment Agency has raised no objection to the proposal. 2.9 Thames Water have recommended that a condition be included with regard to drainage matters. This has been included as Condition 12. 2.10 The Metropolitan Police's Crime Prevention Design Officer was consulted on the application, but has not responded. 3.0 PLANNING CONSIDERATIONS 3.1 This proposal needs to be assessed against the relevant policies and standards set out in The London Plan 2011, the Mayor's Housing Supplementary Planning Guidance, the Core Strategy 2011 (CS), the Development Management Local Plan 2013 (DM LP), and the Planning Guidance Supplementary Planning Document 2013 (PG SPD). 3.2 The relevant planning considerations in this case are land use, density, quality of the proposed residential accommodation, design and conservation matters, highways impact, impact on neighbours and any other material considerations. LAND USE 3.3 The scheme would provide a three bedroom dwelling on top of the existing residential block running between the roof valleys from 12 -24 Fitzjames Avenue and 25-26 Fitzjames Avenue. The proposal would utilise the roof valleys of the existing mansion block, to construct the flat, which would have a private external amenity space. 3.4 The National Planning Policy Framework (2012) identifies the need for additional housing and sets out ways in which planning can significantly boost the delivery of housing through the preparation of policy documents. The London Plan states that the Mayor is clear that London desperately needs more homes (paragraph 3.13). Paragraph 3.14 goes on to say that London's population is growing and that delivering more homes which meet a range of needs, are of a high design quality and are supported by essential infrastructure is a particular priority over the London Plan period. To meet this need, The London Plan sets a target for the delivery of a minimum of 615 new dwellings per annum in Hammersmith and Fulham (London Plan Table 3.1). This

number is increased to 1,031 in the Mayor's Further Alterations to the London Plan (January 2014). Development Management Local Plan (DMLP) Policy DM A1 says that the Council will meet and where possible, exceed the London Plan target by supporting the delivery of houses on identified sites, windfall sites and as a result of change of use. 3.5 The proposed development would result in the delivery of one addition dwelling on a windfall site, thereby contributing, albeit in a small way, to the delivery of housing in the borough. The proposed dwelling would have three bedrooms and would be considered as a family dwelling. The supporting text to DM LP Policy DM A3, 'Housing Mix', notes that there is a particular need for family housing in the borough. As the surrounding area is in residential use, the proposed development is considered to be compatible with the existing land use in the immediate area. Density 3.6 London Plan Policy 3.4 and Core Strategy Policy H3 seek to ensure that development proposals achieve the optimum intensity of use compatible with local context, design principles and with public transport capacity, with consideration for the density ranges set out in Table 3.2 of The London Plan. This is supported by Policy DM A2 of the DM DPD. The application site is located in Public Transport Accessibility Level (PTAL) 6a. According to The London Plan density matrix, the site can be considered to be set in an 'urban' location. The London Plan's recommended density range for sites in an 'urban' location is up to 700 habitable rooms per hectare. The existing mansion block development in the estate (which has close to 190 flats) is already high; however, it is considered that one extra dwelling which would have only 3 bedrooms and a living/kitchen/diner, would only increase the density levels by a small amount. QUALITY OF RESIDENTIAL ACCOMMODATION 3.7 Housing quality is a key consideration in new developments. Section 6 of the NPPF is entitled 'Delivering a wide choice of high quality homes' and this is transferred to London Plan Policy 3.5 'Quality and Design of Housing Developments'. This policy says that housing should be of the highest quality internally, externally and in relation to the wider environment. To ensure the delivery of high quality of housing, the Mayor has prepared Supplementary Planning Guidance entitled 'Housing'. The document provides detailed guidance which seeks to assist in the design of new housing to ensure that new developments are of the highest quality and make a difference to the quality of life of new residents. Further guidance on detailed housing design is also set out at a local level in Core Strategy Policy H3, DM LP Policies DM A2 and A9 and PG SPD Housing Policy 1. 3.8 In addition to considering the internal area of a new development, the Mayor's Housing SPG, in paragraph 2.3.29 says that natural light is vital to a sense of wellbeing in the home. The Mayor seeks to encourage the kind of housing that provides comfortable and enjoyable places of retreat and privacy. Factors to be considered include privacy, the importance of dual aspect development, noise mitigation, floor to ceiling heights, daylight and sunlight. 3.9 Borough Wide Strategic Policy H3 says that the council will expect all housing developments to respect the local setting and context, provide a high quality residential environment, be well designed and energy efficient, meet satisfactory internal and external space standards, and provide a good range of housing types and sizes.

3.10 Policy DM A2 says that all new housing must be of high quality design and take account of the amenity of neighbours and must be designed to have adequate internal space in accordance with the London Plan. 3.11 Policy DM A9, entitled Detailed Residential Standards says that the Council will ensure that the design and quality of all new housing is of a high standard. To assess this, the following considerations will be taken into account: - Floor area - Accessibility for disabled people - Amenity and garden space provision - A safe and secure environment - Car parking and cycle parking - Attenuation of surface water run off - Sustainable energy matters - Provision of waste and recycling storage facilities - Noise insulation and layout to minimise noise nuisance between dwellings - Protection of existing residential amenities 3.12 These matters are assessed against the policy context below. Size/floor area and floor to ceiling heights 3.13 London Plan Policy 3.5 places a significant new focus on internal space standards for dwellings and is supported by policy DM A9. The purpose of the policy is to ensure that all new homes are fit for purpose and offer the potential to be occupied over time by households of all tenure. London Plan Table 3.3 sets out the minimum gross internal area for new flats and states that a three bedroom flat that can accommodate six people, as is the case here, should have a minimum internal area of 95 sq.m. The Housing SPG Baseline Standard 5.4.1 recommends that the minimum floor to ceiling height in habitable rooms should be 2.5m between finished floor level and finished ceiling level. Officers have calculated the internal floor area of the flat to be 152 sq.m., taking into account the fact that some parts of the flat would not have a floor to ceiling height of 2.5m, owing to the pitched walls formed by the roof pitch. The internal areas with a floor to ceiling height of less than 2.5m could be used as storage space, however. The proposal would well exceed the minimum floor area requirement, and is in accordance with London Plan Table 3.3 and DM LP Policy DM A9. Privacy 3.14 Housing SPG Baseline Standard 5.1.1 sets out that design proposals should demonstrate how habitable rooms are provided with an adequate level of privacy in relation to neighbouring property, the street and other public spaces. 3.15 The proposed development would be located at roof level, above the height of existing flats within the mansion blocks. The proposed windows serving the development would be conservation style rooflights, set into the roof slopes. The proposed dwelling would benefit from good levels of privacy owing to the angle of the windows within the roofslope, which would ensure that there is virtually no opportunity for existing flats at lower levels to have a view directly into the new dwelling. There would be 26 metres between the eastern and western roofslopes from existing flats

located on the opposite side of the courtyards. Any views into the rooflights from existing windows on the southern facing elevation of the mansion blocks would be acute; and would not prejudice privacy of future tenants. Noise mitigation 3.16 The Housing SPG Baseline Standard 5.3.1 and London Plan Policy 7.15 say that the layout of adjacent dwellings and the location of lifts and circulation spaces should seek to limit the transmission of noise to sound sensitive rooms within dwellings. This policy is supplemented by DM LP Policies DM A9 and DM H9, both of which seek to ensure that development does not result in noise and disturbance to existing and future occupiers. Noise could be mitigated against by ensuring adequate insulation of the building envelope and internal walls, floors and ceilings. 3.17 As the proposed dwelling would be located on top of existing residential units within the mansion block, there is the potential for the transfer of noise between the dwellings. It is therefore recommended that condition 13 be included requiring the submission of details of proposed enhanced sound insulation. This would be to the benefit of existing occupants in the mansion block and also the potential future occupiers of the flat. 3.18 The proposal would also incorporate internal alterations through the replacement of the dormer associated with the existing lift shaft and overrun. This would be located to the east of the entrance to the proposed flat, set well away from the sleeping accommodation to the proposed new dwelling. The new lift does not require planning permission in itself, though it would have to be constructed and fitted to meet current noise standards; which should benefit existing residents. Aspect, daylight and sunlight 3.19 Housing SPG, paragraph 2.3.31 recognises that a home with opening windows on at least two sides has many inherent benefits, including better daylight, a greater chance for direct sunlight for longer periods, natural cross ventilation, mitigating pollution, offering a wider choice of views, access to a quite side of the building, greater flexibility in the use of rooms, and more potential for future adaptability by altering the use of rooms. The preference is for dwellings to be dual aspect. 3.20 The proposed flat would be situated within the roof valley and the walls would be pitched. It is proposed that 12 conservation style rooflights would be installed in the eastern and western roofslopes and that skylights would be provided in a new centrally located flat roofed space, to provide daylight and sunlight to the new habitable rooms. The bottom of the proposed rooflights would be located 1.1m above the floor level. There is an existing gable located to the western roof slope which faces into the courtyard of the mansion block. It is proposed that an enclosed space would be formed behind the gable that would create a small 'summerhouse' and that part of the roofslope, obscured from public view by the gable, would be 'cut out' to form a square external courtyard that would act as private amenity space and a light source to the flat. It is proposed that glazed doors would be installed on three sides of the amenity area to provide access from the proposed flat. The northern door would be to bedroom two, the southern door to bedroom three and the eastern door to the living/kitchen/dining area.

3.21 Officers consider that the proposed design and layout of the new residential unit would allow for adequate day and sunlight to the flat. In the previously dismissed appeal, the Inspector concluded that outlook would be satisfactory as the roof lights would be set at a low level and although of limited size, would allow for clear views outwards. There would be aspect available from a number of directions. Private Open Space 3.22 The London Plan Housing SPG identifies that private open space is highly valued and should be provided in all new housing developments. Paragraph 2.3.27 says that dwellings on upper floors should all have access to a terrace, roof garden, winter garden, courtyard garden or balcony. The Baseline Standard 4.10.1 says that there should be a minimum of 5 sq.m. of private outdoor space for 1 to 2 person dwellings, and an extra 1 sq.m. for each additional occupant. In this case, the dwelling is capable of accommodating six occupants and should provide a minimum of 9 sq.m. of private open space. 3.23 The Council's Planning Guidance SPD Housing Policy 1 says that every new family dwelling should have access to amenity or garden space of not less than 36 sq.m. For family dwellings on upper floors this space may be provided either as a balcony or terrace and/or communally within the building's curtilage. 3.24 DM LP Policy DM A2 allows for some flexibility in the provision of amenity space setting out that family housing on upper floors should have access to a balcony and/or terrace, subject to acceptable amenity and design considerations, or to shared amenity space/and to children's playspace. 3.25 The application would provide a 'summerhouse' and a courtyard at roof level, providing 17.7sqm of private outdoor space. This would exceed the Housing SPG Baseline Standard but would be a shortfall on the Council's PG SPD. In this case, given the location of the flat, Officers consider that the 36 sq.m. required by SPD Housing Policy 1 should be applied flexibly as DM LP Policy DM A2 allows. The courtyard and summerhouse would provide amenity space that would not be visible from any public vantage points. The summerhouse would allow for an external area that could be used all year round. Furthermore, regard must be had to the design and layout of the existing mansion block, where none of the flats have private amenity space, but benefit from the attractive setting of the courtyards at ground level. Future occupiers of the proposed flat would also have access to this area. In their decision the Inspectorate also said that the outdoor amenity space (which is the same as in this current proposal) would offer significant benefits and represent an innovative design solution. Accessibility 3.26 London Plan Policy 3.8 'Housing Choice', DM LP Policy DM A4 'Accessible Housing' and SPD Design Policy 1 'Inclusive Design' of the PG SPD relates to ensuring that homes are accessible and meet 'Lifetime Homes' standards. The DM LP Policy allows for some flexibility in the application of 'Lifetime Homes' recognising that this is not always feasible when new dwellings are formed in extensions or floors added to existing blocks of flats.

3.27 The applicant has indicated that access to the new flat would be via the existing stair core to the east of the development. This would be achieved by extending around the existing lift plant roof. The lift would be replaced and extended to the new floor with a motor room-less lift. Internal access around the flat would conform to lifetime homes requirements, including wider doors, open spaces and partitions that are non-load bearing in order to provide flexibility for the future. 3.28 Officers note that the existing mansion block does not benefit from a level access and that any future occupier of the proposed unit would have to climb some steps at the main entrance in order to gain access to the existing building. Though there would be a lift to the new floor, the unit could likely not be accessed by a wheelchair user independently. Officers are satisfied that the proposed development, incorporating a lift and providing internal floorspace to meet Lifetime Homes standards, goes as far as it can to meet the requirements of London Plan Policy 3.8, DM LP Policy DM A4 and SPD Housing Policy 1, whilst having regard to the existing on site constraints. Security 3.29 Policy DM G1 of the Development Management Local Plan, 2013 would expect proposals to meet 'Secured by Design' requirements. A condition (14) would ensure a safe and secure environment for users of the development. Conclusion on quality of accommodation 3.30 It is considered that the proposed dwelling, subject to conditions, would provide a good quality family dwelling that could be considered to be a comfortable and enjoyable place of retreat and privacy, providing a policy compliant floor area, appropriate floor to ceiling heights and appropriate privacy and noise mitigation, as well as having good aspect and acceptable daylight and sunlight. The proposed development would also provide an acceptable area of private open space for the future occupiers, given the situation. The scheme goes as far as it can to be accessible. The development is thereby considered to be in accordance with London Plan Policy 3.8 and Table 3.3, Housing SPG Baseline Standards 4.10.1, 5.1.1, 5.3.1, and 5.4.1, DM LP Policies DM A2, DM A4 and DM A9 and SPD Design Policy 1. RESIDENTIAL AMENITY 3.31 The relevant considerations in regards to residential amenity are the impact of the proposal on outlook and lighting conditions to neighbouring dwellings and any impacts in regards to loss of privacy and noise and disturbance. DM LP Policy DM A9 requires that these are not detrimentally impacted upon as a consequence of a new development. 3.32 The location of the extension proposed to the mansion block, which would be located in the valleys between roofs, would not result in a loss of outlook or daylight to neighbouring properties. 3.33 The proposed development would not result in a loss of privacy to surrounding dwellings. It is proposed to install rooflights in the eastern and western roofslopes. The proposed openings would be set at an angle, principally facing towards the sky and whilst the residents inside the proposed flats would be afforded some view to the flats below, the existing flats to the east and west would be 26m away, owing to the plot

design and the existing courtyard. This distance exceeds the minimum recommended separation distance of 18m set out in SPD Housing Policy 8. Any views from the rooflights to existing windows on the southern facing elevation of the mansion blocks would be acute; and would not prejudice privacy of existing tenants. 3.34 The proposed private open space would be enclosed - functioning as a courtyard. and therefore, would not result in any views out towards neighbouring properties. The proposed doors would be located on the western side of the living/kitchen/dining area, and would extend up from floor level of the flat. However, they would only allow for views into the lightwell/amenity space that would be created to serve the flat, and therefore, whilst allowing someone sitting to see out, this would not provide a view, as overlooking would be prevented by the existence of a wall. 3.35 The impact that the development could have on residential properties located below the application site arising from noise and disturbance is an important consideration. Condition 13 is recommended to ensure that appropriate sound insulation would be installed to protect the amenity of existing residents, as well as future residents. 3.36 The proposed development, owing to its location and detailed design would ensure that there would be no detrimental impact on neighbouring dwellings in regards to light, outlook and privacy. Subject to Condition 13, the proposed development would not result in noise and disturbance to existing residents. No objection is raised to the proposal in regards to DM LP Policies DM A9 and DM H9 and SPD Housing Policy 8 of the PG SPD. 3.37 Noise and disturbance arising from construction activities has been highlighted as a concern by residents, as well as the impacts of replacing the existing lift. Given the location of the proposed development at roof level above existing dwellings, it is considered necessary that a Construction Management Plan should be submitted for approval prior to commencement of the development. Condition 10 relates. As noted above, the new lift does not require planning permission in itself, though it would have to be constructed and fitted to meet current noise standards; which should benefit existing residents. DESIGN AND CONSERVATION 3.38 The proposal need to be considered against the National Planning Policy Framework, Core Strategy policies H3 and BE1, DM LP policies G3 and G7 and PG SPD design policies 21, 31 and 49. These policies require that alterations to existing buildings should be of the highest quality, having regard to the context of the site and protecting heritage assets which are a finite resource. 3.39 Paragraph 132 of the National Planning Policy Framework requires that when assessing the impact of developments, consideration should be had to the significance of the heritage asset, and great weight should be given to the asset's conservation. The more important the asset, the greater the weight should be. The paragraph sets out that as heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. 3.40 In assessing the significance of the site as a heritage asset, regard has been had to The Fitzjames and Fitzgeorge Character Profile. The Character Profile details that

Fitzgeorge Avenue was built first, as a series of large mansion blocks, each different in plan and design. Following completion of Fitzgeorge Avenue, Fitzjames Avenue was built, drawing on the design of Fitzgeorge Avenue but increasing the buildings in height, rising up to six storeys and providing balconies and more elaborate bays. Owing to the more detailed design of Fitzjames Avenue, in comparison to Fitzgeorge Avenue, 1-59 Fitzjames Avenue has been placed on the Local Register of Buildings of Merit. 3.41 The application proposes to infill the roof valleys above part of Fitzjames Avenue and install conservation style rooflights into the eastern and western roof slopes. The proposal also requires that the internal lift shaft be altered and these works necessitate the replacement of a dormer window facing into the courtyard. 3.42 The mansion blocks are six storeys high in this location and owing to the height of the buildings, width of the street, curve of the avenue and plot layout, the roof slopes are generally obscured from public view. The proposed alterations to the roof would be visible from within the courtyards of 1-59 Fitzjames Avenue and by flats at upper floor levels within the mansion blocks and properties at upper floor levels from the dwellings in North End House, located on the southern side of Fitzjames Avenue 3.43 The Supplementary Heritage Statement, prepared by Heritage Collective notes, that the bulk of the blocks has been broken up through a staggered footprint with both roadside street - fronting bays and set-back, inward-looking elements. The statement goes on to say that the perception of bulk and massing has been dealt with through a varied street frontage and staggered footprint. The statement considers that it is the front elevations of these blocks that contribute most to the character and appearance of the conservation area and are the most 'designed' elements of the buildings. 3.44 The proposed development has been revised from previous applications which had sought to raise the ridge height by shooting back the existing roof pitch. The revised design would retain the slightly lower ridge on the western elevation and install a flat roof that would not be visible from any public vantage points. The only visible external alterations could be the conservation rooflights in the eastern and western roof slopes; and the replacement dormer facing south into the courtyard. 3.45 The proposed rooflights would be installed on the 'inward-facing' roofing of the mansion blocks and would be largely obscured from public view. Furthermore, it is the street facing elements that contribute most to the character and appearance of the mansion blocks. The scale of the proposed alterations and limited visibility of the rooflights would not harm the significance of the Building of Merit or the conservation area. 3.46 A new, but traditional style, dormer window would replace the existing dormer. This would serve the new lift shaft. It is noted that the current dormer is out of character with the building. The replacement dormer would sit lower than the ridge height and would incorporate new, more complementary glazing compared to the existing dormer. This alteration would be placed on a street facing elevation but Officers are satisfied that this alteration would constitute an enhancement to the overall appearance of the building. The Inspector stated that this element of the proposal would enhance the property. 3.47 The proposal would also incorporate the 'cutting out' of part of the roofslope to form a courtyard and the formation of a 'summerhouse' behind the western facing gable.

Owing to the steep pitch of the roof and the location of the gable, this alteration would not be visible from any public vantage points. 3.48 Subject to conditions 3 and 4 (relating to materials), it is considered that the proposed design, retaining the existing ridge height on the western elevation and installing small scale conservation style rooflights, would not, like previous schemes, harm the appearance of the local listed Building of Merit, owing to the height of the building and curve of the Avenue, and the fact that the alterations would be located on inward-facing elevations that are not clearly visible from the street. Furthermore, the proposed alterations to the gable would not be visible from any public vantage points and the alterations to the dormer serving the lift shaft would constitute a positive alteration to the building, enhancing its overall appearance. The proposal is therefore considered to be in accordance with paragraph 132 of the NPPF, London Plan Policies 7.6 and 7.8, Core Strategy Policies H3 and BE1, DM LP Policies DM G3 and DM G7 and PG SPD Design Policies 21, 31 and 49. 3.49 The Inspector's report with regard to the dismissal of the earlier appeal was clear in paragraph 11 that piecemeal alterations of ridge height particularly those that are visible from the street or the front courtyards, would detract from the overall integrity of the building. It would not result in a positive contribution to local character and distinctiveness and would detract from it. Paragraph 12 also stated that the alteration to the roof would undermine the significance of the non-designated heritage asset that is the mansion block. The applicant's current proposal has been revised so that it does not alter the ridge height. 3.50 The Inspector previously stated that the absence of rooflights in Front Elevation 'A' would ensure that there would be no change in the public views on this elevation and that the extension to the pitch would not be evident. The scheme has been designed in this way in the current application also. The Inspector also identified that there would be rooflights inserted into the roofslope facing east into the courtyard (Elevation B). There would also be rooflights in this elevation in this current application. The Inspector states that these would be generally obscured from public view given their position and that they would also be of limited prominence given the height of the roof slope and their low profile design. This is the same within the current application. 3.51 Officers have considered the visual implications of the proposal, walking from North End Road and turning west into Fitzjames Avenue. When walking into the street, the roofslopes are clearly visible. The proposed rooflights could be visible from public views at this distance and attention would be drawn to them when lights are on in the flat, which could be said to alter the character of the roofslope on this elevation. The visibility of the site is highlighted in Paragraph 3.5 of the Heritage Statement which recognises that 'Turrets, gables, substantial chimneys, domes and cupolas all combine to provide a varied skyline of great interest'. It goes on to say that 'The curve of the street and the stepping of blocks through the land form provide variety and views as one walk[sic] through the Conservation Area.' The layout of the built form is such that varying parts of the development are visible from varying locations but recognises that the eye is drawn to the roof because of the varied skyline. It is thereby considered that the rooflights would not be harmful to the building of merit. 3.52 There would be views of the proposal from flats at upper level within Fitzjames Avenue and also North End House. However, given that the design of the proposal is

now acceptable (as opposed to previous schemes), it is considered that these views would be of an agreeable nature. 3.53 The proposal would thereby meet the requirements of the National Planning Policy Framework, Core Strategy policies H3 and BE1, DM LP policies G3 and G7 and PG SPD design policies 21, 31 and 49; which require that alterations to existing buildings should be of the highest quality, having regard to the context of the site and protecting heritage assets which are a finite resource. HIGHWAYS MATTERS Car parking 3.54 The application site is located within PTAL 6a, which has excellent public transport accessibility. There are also local shops and services in close proximity. Development Management Local Plan policy DM J2 sets out that dwellings with three bedrooms should have a maximum of 1 to 1.5 spaces per unit, and that in areas of good transport accessibility there should be significantly less than one car parking space provided per unit. 3.55 Policy DM J3 says that 'market and intermediate housing with zero .... car parking will only be considered in areas with good levels of public transport accessibility, where the occupants are unlikely to need a car and where quality of life criteria such as access to shops are satisfied'. The justification to the policy says that 'While each case should be considered on its merits, living without a car is only a viable option in areas of reasonable public transport accessibility and where there is a good range of facilities in walking or cycling distance'. 3.56 The proposal could lead to occupants needing or wanting to have a car, though maybe not necessarily needing one for day to day activity, given that the site is located within an area designated as PTAL 6a, and is considered to have excellent accessibility to public transport. There are also a range of shops and services nearby, within walking distance. 3.57 No car parking is proposed to serve the new flat. The unit would be designated as 'car parking permit free'; which is acceptable in this highly accessible location. The applicants are agreeable to this; and it would be secured by Conditions 6, 7 and 8. Cycle Parking 3.58 London Plan Policy 6.9 and DM LP Policy DM J5 relates to increasing opportunities for cycling and walking. In order to achieve this, developments are required to provide safe and convenient cycle parking facilities. Table 5 of the DM LP requires the provision of two cycle parking spaces for a dwelling for two or more bedrooms (as is the case with this application). Given that the flat would be served by a lift, a bicycle could potentially be taken up into the flat itself and stored there. Officers recognise that there are also a number of locations within the larger site (estate), where additional cycle storage could be provided to serve the new flat. It is recommended that condition 5 should be included requiring the submission of details of safe and secure cycle parking prior to occupation of the proposed residential unit and that this should be retained in perpetuity, in order to ensure that the development is in accordance with Policy DM J5 of the Development Management Local Plan (2013).

Refuse Storage 3.59 Core Strategy Borough Wide Strategic Policy CC3, DM LP Policy DM H5 and SPD Sustainability Policy 3 are concerned with the provision of suitable and sustainable waste storage. The applicant proposes to utilise the existing communal refuse storage area, located to the rear of the mansion blocks on the northern side of Fitzjames Avenue. This would be an acceptable arrangement, in accordance with policy CC3, DM LP Policy DM H5 and SPD Sustainability Policy 3. It is recommended that condition 9 be included to ensure that future occupiers utilise the existing refuse storage facilities. Construction 3.60 SPD Transport Policy 28 sets out that the council would require that all new developments that have the potential to have a detrimental impact during the construction phase will require a Construction Logistics Plan. Given the constraints of the site and the number of residents within the mansion blocks, it is recommended that a condition is including requiring the provision of the Construction Logistics Plan (Condition 11). ENVIRONMENTAL MATTERS Flood Risk 3.61 Local Plan policy DM H3 requires developments to reduce the use of water and minimise current and future flood risk by implementing a range of measures such as Sustainable Drainage Systems (SuDS) where feasible and also the use of water efficient fittings and appliances. This information is also required by Thames Water and has been included as Condition 12. Water efficient fittings/appliances should be installed as part of the planned works to help minimise water use and reduce foul water flows and is included as an informative with the recommendation. Sustainable energy 3.62 Given the extent of the development, providing only a single flat, and given the building of merit status of the mansion block, there is limited opportunity to provide sustainable energy measures; though it is noted that the new building would have to meet current thermal insulation standards. IMPACT ON LOCAL SERVICES 3. 63 Concern has been raised that the proposal would result in unbearable pressure on local health and educational facilities. Officers acknowledge that existing services are stretched. However, the scheme is for only one flat, with at most six extra residents, such that the impact should be absorbed without the need for the scheme to contribute financially to enhancing services. 4.0 CONCLUSION AND RECOMMENDATION 4.1 The proposed development would result in the provision of a residential dwelling in a sustainable location that would contribute to the delivery of housing in the borough and in London as a whole, in accordance with the NPPF (2012), London Plan Policy 3.3

(2011), Core Strategy Policy H1 (2011), and Policies DM A1 and DMA2 of the Development Management Local Plan (2013). 4.2 The proposed dwelling would be of adequate size, private, and with appropriate floor to ceiling height. Subject to a conditions, noise would be mitigated for future residents and the development would provide a safe environment. The flat would have aspect from a number of orientations. Daylighting and sunlighting to the flat would be be acceptable. The private amenity area provided is considered to be acceptable. The proposal would thereby meet London Plan policies 3.5 and 7.15 of the Mayor's Housing SPG Baseline Standards and Good Practice Standards; and Policies DM A2 and DM A9 of the Development Management Local Plan, including Planning Guidance Supplementary Planning Document 2013 (PG SPD). 4.3 There would be no adverse impact on traffic generation, and the scheme would not result in congestion of the road network. Conditions would secure satisfactory provision for refuse/recycling storage and cycle parking. The development would therefore be acceptable in accordance with Policies DM J1, DM J2, DM J5, DM A9 and DM H5 of the Development Management Local Plan (2013), and SPD Sustainability Policies 3, 4, 5, 6, and 8 of the Planning Guidance Supplementary Planning Document (2013). 4.4 The proposal would have no adverse impact on the residential amenity of neighbouring occupiers; in accordance with policy DM A9 of the Development Management Local Plan (2013). 4.5 The proposal would preserve the character and appearance of heritage assets, in accordance with the National Planning Policy Framework, London Plan Policies 7.6 and 7.8, Core Strategy Policies H3 and BE1, Development Management Local Plan Policies G3 and G7. 4.6 It is recommended that planning permission should be granted, subject to conditions.

--------------------------------------------------------------------------------------------------------------------- Ward: Shepherd's Bush Green

Site Address: 87 Lime Grove London W12 8EE



Reg. No: 2014/01810/FR3 Date Valid: 25.04.2014 Committee Date: 10.09.2014

Case Officer: Alison Coster Conservation Area: Coningham And Lime Grove Conservation Area - Number 33

Applicant: Mr Nigel White Town Hall King Street Hammersmith London W6 9JU Description: Change of use from Residential Institution (Class C2) to a Dwellinghouse (Class C3) Drg Nos: P_G, P_1, P_2, P_B1, P_COMP Application Type: Full Regulation 3 - LBHF is Developer Officer Recommendation: That the application be approved pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992 subject to the condition(s) set out below: 1) The development hereby permitted shall not commence later than the expiration of




detailed drawings which have been approved: P_G, P_B1, P_1, P_2, P_Comp In order to ensure full compliance with the planning application hereby approved

and to prevent harm arising through deviations from the approved plans, in accordance with policies DM A5 and DM A9 of the Development Management Local Plan (2013).

3) All refuse and recycling generated by the development hereby permitted shall be

kept within the premises or stored in the underground storage as shown on drawing Ref. P_B1 and shall only be brought to the front of the premises on the day of collection.

To ensure that the use does not give rise to smell, nuisance and an accumulation


4) The development hereby approved shall not occupied prior to an area for safe and

secure cycle parking (two spaces) being provided. The cycle parking shall be retained in perpetuity.

To ensure the satisfactory provision of cycle parking, in accordance with Policy DM J5 of the Development Management Local Plan (2013).

Justification for Approving the Application: 1. Land Use: The proposed change of use is considered acceptable as it would

not result in the unacceptable loss of special needs housing and would contribute to the delivery of high quality, family sized residential accommodation, in accordance with the NPPF (2012), London Plan Policy 3.3 (2011), Core Strategy Policy H1 (2011), and Policies DM A3, DM A5 and DM A9 of the Development Management Local Plan (2013).

2. Transport: There would be no adverse impact on traffic generation and the

scheme would not result in congestion of the road network. Conditions would secure satisfactory provision for refuse/recycling storage and cycle parking. The development would therefore be acceptable in accordance with Policies DM J1, DM J2, DM J5, DM A9 and DM H5 of the Development Management Local Plan (2013), and SPD Sustainability Policies 3, 4, 5, 6, and 8 of the Planning Guidance Supplementary Planning Document (2013).

3. Impact on Neighbours: As no external alterations are proposed and the use is

the same as that in the immediate area, the proposal would have no adverse impact on the residential amenity of neighbouring occupiers; in accordance with policy DM A9 of the Development Management Local Plan (2013).

4. Flood Risk: A Flood Risk Assessment (FRA) has been submitted and has

considered risks of flooding to the site. The internal layout is appropriate to ensure no risk of increased flooding or risk to future occupiers. Informatives would recommend improvements to water efficiency and sewage facilities. The proposal is considered to be in accordance with Policy DM H3 of the Development Management Local Plan (2013).

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The London Plan 2011 and Revised Early Minor Alterations to The London Plan, 2013 Core Strategy 2011

The Development Management Local Plan 2013 Planning Guidance Supplementary Planning Document July 2013

Consultation Comments: Comments from: Thames Water - Development Control Environment Agency - Planning Liaison

Dated: 29.04.14 30.04.14

Neighbour Comments: Letters from: Dated: OFFICERS' REPORT 1.0 BACKGROUND 1.1 The application relates to a lower ground plus three storey mid-terrace property, located on the eastern side of Lime Grove. The property is situated in Shepherd's Bush Town Centre, and is close to the White City Opportunity Area (WCOA). The property sits within the Coningham and Lime Grove Conservation Area, and the Environment Agency's Flood Risk Zone 3. 1.2 The property was occupied as a residential institution by people with learning difficulties until late 2013, and is currently laid out as two flats over four floors, with shared toilets, kitchen, living room and bathrooms. The upper flat has three bedrooms and the lower flat has two bedrooms. The property is owned by the Council, and was leased to A2 Dominion Housing Association between 2006 and 2013. 1.3 Planning permission was granted to the St Mungo Community Trust, under application ref: 1972/00162/HIST, for use as a hostel for homeless men. A further planning approval extended the period of this use under application re: 1978/10751/HIST. Planning permission was granted under application ref: 1982/00543/FUL for change of use to a hostel for people with mental ill-health. Use of the property continued as a residential institution for a period exceeding 10 years, and is the lawful use. 1.4 The current application seeks to change the use of the building from a residential institution (Use Class C2) to a dwelling house (Use Class C3). 2.0 PUBLICITY AND CONSULTATIONS 2.1 The planning application has been advertised by way of a site notice and a press notice, and letters sent to 55 surrounding properties. No comments have been received.

2.2 Thames Water raised no objections to the proposal. 2.3 Environment Agency raised no objections to the proposal. 2.4 The Metropolitan Police's Crime Prevention Design officer has been consulted, but has not responded. 3.0 PLANNING CONSIDERATIONS 3.1 The main planning issues to be considered in light of relevant national, regional and local policies and guidance include the principle of the development in land use terms; the effect on the amenities of residents in the locality; the quality of the proposed residential accommodation; highways impacts and parking; flood risk; and contaminated land. Land Use 3.2 The considerations in this case are the loss of the care facility (special needs housing) and the suitability of residential use. Development Management Policy DM A5 seeks to retain special needs accommodation, unless it can be demonstrated that there is no longer an established need in the locality, or if the current facility is unfit for purpose or if it will be replaced elsewhere. The White City Opportunity Area Framework's housing objective recognises a need to provide family housing in the area. 3.3 In this case the applicants have provided supporting evidence which sets out that the care provision lost through this proposal is being met in a nearby (just over half a mile/12 minute walk away at average speed) premises at 33 Boscombe Road. The evidence provided also confirms that the current premises would need a lot of renovation to make it into an acceptable modern standard; for example it does not have private bathrooms, for residents to live independently. The arrangement of the property could be improved; parts might not be wholly accessible to older people and people with physical disabilities. Cabinet agreed to the change of use (subject to planning permission being applied for/allowed) in 2013, following a needs analysis for 'learning disability housing'. 3.4 Based on the evidence put forward by the applicant, Officers are satisfied that the application adequately demonstrates that the property is unfit for purpose, and has been replaced elsewhere. The proposed loss of the care accommodation is therefore considered to be acceptable against policy DM A5. There are no objections in principle to the proposed loss of the lawful use. 3.5 With regards to the proposed use, the application property would revert to residential use; the purpose the property was originally built for, and used for until its change of use was allowed. SPD Design Policy 30 of the Planning Guidance SPD relates to the use of buildings in conservation areas. It says that these should be appropriate to the historic townscape context. The residential use would be located within an existing residential area and would not be out of context, as required by SPD Design Policy 30. 3.6 Part 6 of the National Planning Policy Framework (2012) sets out the requirement for local planning authorities to deliver high quality homes. Policy 3.3 (Increasing

London's Supply of Housing) of The London Plan sets minimum borough targets for housing provision up to 2021. Policy 3.3 states that 32, 210 net additional homes should be delivered per annum in London. The policy specifies a 10 year minimum target for LBHF of 6,150 dwellings, and an annual monitoring target of 615 dwellings. The Mayor's Further Alterations to the London Plan (January 2013) increases the housing target to an additional 1,031 new dwellings in the Borough per annum. Core Strategy Policy H1 (Housing Supply) sets a minimum borough target for housing provision up to 2021 of 615 units per year. Policy DM A1 of the DM Local Plan 2013 states the council will seek to exceed The London Plan housing target by seeking housing on both identified and windfall sites and as a result of change of use. It is considered that the provision of a family sized house would contribute towards these targets, albeit in a small way. 3.7 Policy DM A3 of the Development Management Local Plan is also relevant and is concerned with housing mix. The policy identifies in paragraph 4.13 that there is a particular need for more family housing (3 or more bedrooms) in the borough. Although not located within the White City Opportunity Area, the property is close to it; so although its policies are not strictly relevant in this case, it is worth noting that the WCOA planning framework recognises a need to provide family housing in the area. The proposed change of use would contribute by providing a large, four bedroom dwellinghouse. Quality of Residential Accommodation 3.8 Policy DM A9 of the Development Management Local Plan seeks to ensure that residential conversions or changes of use provide good quality residential accommodation in regards to size and internal layout. Minimum internal floor areas are set out in SPD Housing Policies 4 and 5. The proposal would be a large family house, with four double bedrooms and would exceed the minimum areas required by the policies and would also provide a private rear garden, which would be in accordance with SPD Housing Policy 1. Design 3.9 No external alterations are proposed in connection with the proposed change of use. Residential Amenity 3.10 As no external alterations are proposed and the use would be the same as neighbouring buildings, it is considered that there would be no adverse impact on the amenities of neighbours. No objection is thereby raised to the proposal in regards to policy DM A9 of the Development Management Local Plan. Highways Matters Car parking 3.11 Development Management Local Plan DM J2 sets a maximum car parking standard of 1.5 to 2 spaces for this size of residential property (four bedrooms); but says that in areas within good public transport accessibility, schemes should aim for significantly less than one car parking space per dwelling.

3.12 Policy DM J3 says that 'market and intermediate housing with zero .... car parking will only be considered in areas with good levels of public transport accessibility, where the occupants are unlikely to need a car and where quality of life criteria such as access to shops are satisfied'. It also states that it is necessary to ensure that for social / affordable rented housing there is parking to meet the essential needs of the tenants. The justification to the policy says that 'While each case should be considered on its merits, living without a car is only a viable option in areas of reasonable public transport accessibility and where there is a good range of facilities in walking or cycling distance'. 3.13 There is no scope to provide any on-site car parking, given the constraints of the property. The proposal could lead to occupants needing or wanting to have a car, though maybe not necessarily needing one for day to day activity, given that the site is located within an area designated as PTAL 6a, and is considered to have excellent accessibility to public transport. There is also a range of shops and services nearby, within walking distance. 3.14 This property was purpose built as a house, and this proposal would result in the property being used for its original purpose. For this reason, it is considered that it would be unreasonable to prevent future occupiers from being able to apply for and to hold permits, if they so wished. It is also noted that Lime Grove has relatively low car parking stress. 2013 surveys indicate the overnight weekday car parking stress to be 52% for the eastern side of the road, and 30% on the other side of the road. On balance, therefore, it is considered that the proposal would accord with policy. Cycle parking 3.15 DM LP Policy J5 and SPD Transport Policy 12 seek to promote walking and cycling. The policy requires that housing should have adequate cycle storage. In this case, there would be adequate space in the rear garden, and also in the front of the property if necessary, for bicycle storage. Condition 4 relates. Refuse and recycling 3.16 DM LP Policy H5 sets out that developments should promote sustainable waste management. This is supported by SPD Sustainability Policies 3, 4, 5, 6 and 8 which require the provision of suitable refuse storage. The property has adequate capacity for refuse/recycling storage. This would be located in the undercroft storage area in the front garden area, which would have formally been used for coal storage. A condition has been included requiring refuse to be stored on site, in order to ensure that there is no detrimental impact on the highway or amenity of neighbours (condition 3). Flood Risk 3.17 This site is in the Environment Agency's Flood Zone 3. Land in this zone has a 1 in 100 or greater annual probability of river flooding (>1%), or a 1 in 200 or greater annual probability of flooding from the sea (>0.5%) in any year. This indicates a high risk of flooding from the Thames, although this designation does not take into account the high level of flood protection provided by the Thames Barrier and local river wall defences which defend the site so that the annual probability of flooding from the Thames is 0.1% or less. If the flood defences failed or were breached, the site is not in the area that

would be at risk from rapid inundation by flood waters. The site could be more susceptible to low level surface water flooding in the event of an intense storm. 3.18 A Flood Risk Assessment (FRA) has been submitted. This indicates that floor levels would be retained as existing. No sleeping accommodation is proposed at basement level. The existing layout includes a kitchen at basement level and this would remain in the change of use. The Environment Agency has raised no objection to the proposed change of use. It is recommended that an informative be included, recommending the installation of non-return valves. 3.19 Local Plan policy DM H3 requires developments to reduce the use of water and minimise current and future flood risk by implementing a range of measures such as sustainable urban drainage systems (SUDS) and also the use of water efficient fittings and appliances. Potential for SUDS measures may be limited in an application for only a change of use, but water efficient fittings/appliances should be installed when the house is fitted out to help minimise water use. An informative will advise the applicant. Contaminated Land 3.20 Potentially contaminative land uses (past or present) have been identified near to this site. In order to comply with policy DM H7 of the Development Management Local Plan, an informative should be included, advising the applicant to contact the Council should any unexpected staining or malodours be encountered during the redevelopment either on or within floor/ground materials. 4.0 CONCLUSION and RECOMMENDATION 4.1 The principle of the proposed change of use from Use Class C2 (Residential Institution) to Use Class C3 (Dwellinghouse) is considered to be acceptable, as the existing building is not fit for purpose and more appropriate facilities have been provided elsewhere within the borough. The change of use would contribute to the delivery of much needed additional family housing in the borough, without compromising the provision of special needs housing. As no external alterations are proposed, and the use is the same as that in the immediate area, the proposal would have no impact on the residential amenity of neighbouring occupiers. Other matters including highways impact, flood risk and contaminated land are also considered to be acceptable. As such the proposal is considered to be in accordance with relevant national guidance, London Plan policies, the Core Strategy, Development Management Local Plan and Planning Guidance SPD policies. 4.2 Approval of planning permission is recommended, subject to conditions.

--------------------------------------------------------------------------------------------------------------------- Ward: College Park And Old Oak

Site Address: Burlington Danes School Wood Lane London W12 0HR




Case Officer: Roy Asagba-Power Conservation Area:

Applicant: c/o Resolution Planning United Kingdom Description: Erection of a part two/part three storey building comprising a new 2 form of entry primary school together with associated landscaping works. Drg Nos: PO16: P-PLN07B; P-PLN08B; P-PLN09B; P-PLN08B; P-ELEV-01B;P016 P-ELEV-02B; Planning Statement (Revised);Design and Access Statement (Revised); Transport Statement; Arboricultural Report; Daylight & Sunlight Report; Ecology Assessment Report; Noise Survey Report; Flood Risk Assessment (Revised) Application Type: Full Detailed Planning Application Officer Recommendation: That the Committee resolve that the Executive Director of Transport and Technical Services be authorised to determine the application and grant permission up on the completion of a satisfactory legal agreement and subject to the condition(s) set out below: 1) The development hereby permitted shall not commence later than the expiration of



2) The development shall be carried out and completed in accordance with the

following approved drawings: PO16: P-PLN07B; P-PLN08B; P-PLN09B; P-PLN08B; P-ELEV-01B; P-ELEV-

02B; In order to ensure full compliance with the planning application hereby approved

and to prevent harm arising through deviations from the approved plans, in accordance with policy DM G1 and DM G7 of the Development Management Local Plan (2013) and policy BE1 of the Core Strategy (2011).

3) The number of children enrolled and accommodated at the school (including the

nursery) shall not exceed 450 (full time equivalent) at any one time. In order to safeguard the amenities of neighbouring occupiers and the area

generally, in accordance with policy DM H11 of the Development Management Local Plan (2013).

4) The premises shall be used only as a primary school and nursery, and for no other purpose (including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

In granting this permission, the Council has had regard to the special

circumstances of the case. Certain other uses within the same use class may be unacceptable due to effect on residential amenity or traffic generation, in accordance with policies DM H11 and DM J2 of the Development Management Local Plan (2013).

5) Pursuant to Article 3(1) and the provision of Article 3(2) of the Town and Country

Planning (General Permitted Development) Order 1995, Part 32 of Schedule 2 of the said Order (being development within the curtilage of Schools, Colleges, Universities and Hospitals) (or any Order revoking or re-enacting that Order with or without modification) shall not apply to the school site to which this planning permission relates, and no such development within the curtilage of the school shall take place without planning permission first being obtained.

To enable the Council to retain control over any future development in view of the

overall design and integrated appearance of the scheme and the effect of any such development on the external recreational areas of the school and the amenities of the surrounding properties, in accordance with policy DM G1 and DM D7 of the Development Management Local Plan (2013).

6) Prior to the erection of any buildings hereby approved, details of all materials

(including samples where appropriate) to be used in the construction of the external surfaces of the development, shall be submitted to and approved in writing by the Council. The development shall be carried out in accordance with the approved details and thereafter retained as such.

In order that the Council may be satisfied as to the details of the development in

the interests of visual amenity of the area in accordance with policy DM G1 and DM G7 of the Development Management Local Plan (2013) and policy BE1 of the Core Strategy (2011).

7) Prior to the erection of any buildings hereby approved, detailed drawings of a

typical bay for each elevation of the new building at a scale of no less than 1:20 shall be submitted to and approved in writing by the council. The development shall be carried out in accordance with such details as have been approved and thereafter permanently retained in this form.

To ensure a satisfactory external appearance, in accordance with policy DM G1

and DM G7 of the Development Management Local Plan (2013) and policy BE1 of the Core Strategy 2011.

8) Prior to occupation of the development, details of the hard and soft landscaping of all areas external to the building, including replacement tree planting and paving, detailed drawings at a scale of not less than 1:20 of fences, gates and other means of enclosure shall be submitted to and approved in writing by the Council, and the development shall not be occupied or used until such landscaping as is approved has been carried out. Any landscaping removed or severely damaged, dying or becoming seriously diseased within 5 years of planting shall be replaced with a tree or shrub of similar size and species to that originally required to be planted.

To ensure a satisfactory external appearance and satisfactory provision for

permeable surfaces in accordance with policy DM G1 and DM G7 of the Development Management Local Plan (2013) and policy BE1 of the Core Strategy 2011.

9) The development shall not commence before details of the construction

programme have been submitted to and approved in writing by the Council. The development shall thereafter be carried out in accordance with the details thereby approved before occupation or use of any building or land, unless a revised phasing programme is otherwise agreed.

To ensure that the development is carried out in a satisfactory manner in

accordance with policy DM G1 and DM G7 of the Development Management Local Plan (2013) and policy BE1 of the Core Strategy (2011).

10) All trees to be retained on site in proximity of the development shall be protected

from damage in accordance with BS5837:2012. No construction shall take place until any such trees are adequately protected as per BS5837:2012.

To ensure that trees on site are retained and to prevent harm during the course of

construction, in accordance with policy DM E4 of the Development Management Local Plan (2013) and policy BE1 of the Core Strategy (2011).

11) Any material changes to the external appearance of the building hereby permitted,

including the installation of air-handling units, ventilation fans or extraction equipment, must first be submitted and approved in writing by the Council prior to their installation. Any alterations shall be implemented in accordance with the details that are approved.

To ensure a satisfactory external appearance and prevent harm to the street

scene, and to safeguard the amenities of neighbouring residential occupiers, in accordance with policies DM G1, DM G7, DM H9 and DM H11 of the Development Management Local Plan (2013).

12) Prior to commencement of the development hereby approved, a detailed Surface

Water Management Strategy shalll be submitted to and approved in writing by, the Council. The scheme shall be implemented in accordance with these approved

details prior to the occupation of the development hereby permitted, and thereafter permanently retained and maintained in working order.

To prevent any increased risk of flooding and to ensure the satisfactory storage

of/disposal of surface water from the site in accordance with policy CC2 of the Core Strategy (2011), policy DM H3 of the Development Management Local Plan (2013) and policy 5.13 of The London Plan (2011).

13) Prior to occupation of the development, a statement of how 'Secured by Design'

requirements are to be adequately achieved shall be submitted to and approved in writing by the Council. The approved details shall be carried out prior to occupation or use of the development hereby approved and permanently maintained thereafter unless otherwise agreed in writing by the Council.

To ensure a safe and secure environment for users of the development, in

accordance with policy DM G1 of the Development Management Local Plan (2013).

14) Prior to occupation of the development, full details of a School Management Plan

for the extended school have been submitted to, and approved in writing by, the Council. Upon the commencement of the use, the School Management Plan shall be implemented in full compliance with the approved details, and shall thereafter continue to be fully implemented whilst the use remains in operation. Such details shall include information on the school hours of use; the number and times of recreation breaks; and a plan for staff supervision at arrival and leaving times and recreation times including after school and pre-school activities.

To ensure that the use does not result in loss of amenity to neighbouring residents

in terms of noise and disturbance, in accordance with policy T1 of the Core Strategy (2011) and policies DM H10, DM H11 and DM J2 of the Development Management Local Plan (2013).

15) The development shall be implemented in accordance with the submitted

Accessibility Statement (August 2014). The approved details shall then be retained thereafter in this form.

To ensure that the proposal provides an inclusive and accessible environment in

accordance with policy DM G1 of the Development Management Local Plan (2013) and The London Plan (2011) policy 7.2.

16) Prior to commencement of the development hereby approved, a Refuse and

Servicing Management Plan shall be submitted to and approved in writing by the Council. Details shall include the weekly numbers and times of deliveries and collections, the size of vehicles to be used and details of off-loading locations and vehicle movements. The use shall thereafter be carried out in accordance with the agreed details.

To ensure that the refuse collection and servicing requirements of the school will not adversely impact on the operation of the public highway and to ensure that the amenity of occupiers of the surrounding premises are not adversely affected by noise, in accordance with policies DM J2, DM J6, DM H9 and DM H11 of the Development Management Local Plan (2013).

17) Prior to occupation of the development, full details (including elevational drawings)

of proposed covered cycle racks for 30 bicycles and parking for 40 children's scooters shall be submitted to and approved in writing by the Council. The cycle and scooter parking shall be provided on the site prior to the first occupation or use of the building and shall thereafter be permanently retained.

To ensure the provision and permanent retention of the cycle and scooter parking

spaces for parking purposes, in accordance with policy DM J5 of the Development Management Local Plan (2013).

18) Prior to commencement of the development hereby approved, aConstruction

Logistics Plan and a Construction Management Plan shall be submitted to and approved in writing by the Council. Details shall include control measures for dust, noise, vibration, lighting, delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary to 0800-1800hrs Mondays to Fridays and 0800-1300hrs on Saturdays, advance notification to neighbours and other interested parties of proposed works and public display of contact details including accessible phone contact to persons responsible for the site works for the duration of the works. The details shall also include the numbers, size and routes of construction vehicles, provisions within the site to ensure that all vehicles associated with the construction works are properly washed and cleaned to prevent the passage of mud and dirt onto the highway, and other matters relating to traffic management to be agreed. Approved details shall be implemented throughout the project period.

To ensure that construction works do not adversely impact on the operation of the

public highway, and that the amenity of occupiers of surrounding premises is not adversely affected by noise, vibration, dust, lighting or other emissions from the building site, in accordance with Policies DM J1, DM J6, DM H9, DM H11 of the Development Management Local Plan 2013.

19) Neither music nor amplified voices emitted from the building development hereby

permitted shall be audible at any residential / noise sensitive premises. To ensure that the amenity of occupiers of surrounding premises is not adversely

affected by noise, in accordance with policies DM H9 and DM H11 of the Development Management Local Plan (2013).

20) Prior to use of the building development hereby approved, details shall be

submitted to and approved in writing by the Council, of the external noise level emitted from any plant / machinery / equipment and / or any extract / ventilation system and ducting and mitigation measures as appropriate. The measures shall

ensure that the external noise level emitted from any such noise sources will be lower than the lowest existing background noise level by at least 10dBA, as assessed according to BS4142:1997 at the nearest and / or most affected noise sensitive premises, with all noise sources operating together at maximum capacity. Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.


affected by noise from plant / mechanical installations / equipment, in accordance with policies DM H9 and DM H11 of the Development Management Local Plan (2013).

21) Prior to occupation of the development, details of any proposed external artificial

lighting shall be submitted to and approved in writing by the Council. Lighting contours shall be submitted to demonstrate that vertical illumination of neighbouring premises is in accordance with the recommendations of the Institution of Lighting Professionals in the `Guidance Notes For The Reduction Of Light Pollution 2011'. Details should also be submitted for approval of measures to minimise use of lighting and prevent glare and sky glow by correctly using, locating, aiming and shielding luminaires. Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.


affected by lighting, in accordance with policies DM H10 and DM H11 of the Development Management Local Plan (2013).

22) No tannoys or public address systems shall be used in relation to the development

hereby permitted unless details have been submitted to and approved in writing by the Council. Approved details shall be implemented prior to use and thereafter be permanently retained.


affected by noise, in accordance with policies policy DM H9 and DM H11 of the Development Management Local Plan (2013).

23) The development shall not be occupied until full details of refuse storage, including

provision for the storage of recyclable materials, have been submitted to and approved in writing by the Council. The details shall include elevational details of any proposed storage enclosure. Such details as approved shall thereafter be permanently retained/carried out.

In order to ensure the development provides adequate waste storage, in

accordance with policy DM H5 of the Development Management Local Plan (2013) and the Planning Guidance Supplementary Planning Document (2013).

24) No alterations shall be carried out to the flat roofs of the development hereby

permitted to create a terrace or other amenity space. No railings or other means of

enclosure shall be erected around the roofs and no alterations shall be made to form access onto the roofs.

The formation/use of a terrace would be harmful to the existing amenities of the

occupiers of neighbouring residential properties as a result of overlooking and loss of privacy and the generation of noise and disturbance, contrary to policy DM H11 of the Development Management Local Plan (2013) and SPD Housing Policy 8 of the Planning Guidance Supplementary Planning Document (2013).

25) Access to the site from Wood Lane shall be used by vehicles in emergencies only. To ensure that the use of the site does not conflict with the use of the adjacent

highway contrary to the Council's policies set down in policy DM J2 of the Development Management Local Plan (2013) and policy T1 of the Core Strategy (2011).

26) Prior to commencement of the development hereby approved, a revised

Sustainability Statement, including Energy Statement, detailing sustainable design and construction techniques, including carbon reduction measures, shall be submitted to and approved in writing by the Council. The development shall be carried out in accordance with the approved details in this document .

To ensure that the proposed development promotes sustainable design and

construction, in accordance with London Plan policies 5.2 and 5.3, Core Strategy 2011 policies CC1 and CC2 and policies DM H1 to DM H11 of the Development Management Local Plan 2013.

27) Prior to occupation of the development, until details are submitted to, and

approved in writing by, the Council of the position, number and noise output of the proposed air source heat pumps, the position and number of solar collectors and natural ventilation stacks, and the final position, number and angle relative to the surface of the roof of the proposed PV panels, to be provided as part of the approved development. The development shall be carried out in accordance with the details as approved and permanently retained in this form.

To ensure a satisfactory standard of external appearance and to prevent noise

and disturbance to neighbouring residents, in accordance with policies DM H1, DM H2 and DM H11 of the Development Management Local Plan (2013).


commence to enable compliance with this condition, no development shall commence until, following a quantitative risk assessment report is submitted to and approved in writing by the Council. This report shall assess the data provided in the Albury SI report dated February 2014 (reference 13/10045/A/GO). The quantitative risk assessment shall assess the degree and nature of any contamination identified on the site through the site investigation; include a conceptual site model and determine the risks posed by any contamination to human health, controlled waters and the wider environment. All works must be

carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.


or near to, this site. This condition is required to ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works, in accordance with Borough Wide Strategic Policy CC4 of the Core Strategy (2011) and policies DM H7 and DM H11 of the Development Management Local Plan (2013).


commence to enable compliance with this condition, no development shall commence until, a remediation method statement is submitted to and approved in writing by the Council. This statement shall detail any required remediation works and shall be designed to mitigate any remaining risks identified in the approved quantitative risk assessment. All works must be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.




commence to enable compliance with this condition, no development shall commence until the approved remediation method statement has been carried out in full and a verification report confirming these works has been submitted to, and approved in writing, by the Council. This report shall include: details of the remediation works carried out; results of any verification sampling, testing or monitoring including the analysis of any imported soil; all waste management documentation showing the classification of waste, its treatment, movement and disposal; and the validation of gas membrane placement. If, during development, contamination not previously identified is found to be present at the site, the Council is to be informed immediately and no further development (unless otherwise agreed in writing by the Council) shall be carried out until a report indicating the nature of the contamination and how it is to be dealt with is submitted to, and agreed in writing by, the Council. Any required remediation shall be detailed in an amendment to the remediation statement and verification of these works included in the verification report. All works must be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.


or near to, this site. This condition is required to ensure that no unacceptable risks

are caused to humans, controlled waters or the wider environment during and following the development works, in accordance with Borough Wide Strategic Policy CC4 of the Core Strategy (2011) and policies DM H7 and DM H11 of the Development Management Local Plan (2013).


commence to enable compliance with this condition, no development shall commence until an onward long-term monitoring methodology report is submitted to and approved in writing by the Council where further monitoring is required past the completion of development works to verify the success of the remediation undertaken. A verification report of these monitoring works shall then be submitted to and approved in writing by the Council when it may be demonstrated that no residual adverse risks exist. All works must be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.



32) The demolition hereby permitted shall not be undertaken before a scheme for

temporary fencing and/or enclosure of the site has been submitted to and approved in writing by the Council, and such enclosure has been erected in accordance with the approved details and retained for the duration of the building works.

To ensure that the site remains in a tidy condition and to prevent harm to the street

scene, in accordance with policy DM G1 of the Development Management Local Plan (2013).

33) The development shalll be implemented in accordance with the recommendations

contained in the submitted Ecology Appraisal. To ensure that the proposals have a sympathetic impact on the ecological

environment in accordance with policy 7.19 of The London Plan 2011, policy DM E3 and DM F2 of the Development Management Local Plan 2013 and SPD Sustainability policy 19 of the Planning Guidance Supplementary Planning Document 2013.

Justification for Approving the Application: 1. Land Use: The proposal would involve the development of a a new school on

an existing site in Class D1. It is considered that the site is an appropriate location for such use. The new school would enhance the provision of primary school places within the borough. It is thus considered that the proposal complies with policy DM D1 of the Development Management Local Plan (2013), policy CF1 of the Core Strategy (2011), and policy 3.18 of the London Plan (2011).

2. Design and Conservation: It is considered that the proposed building would be

appropriate in scale, height, mass, proposed materials and design and would preserve the setting of the adjacent listed building. The building would be designed to meet educational needs, whilst also presenting a suitable response to the context of the surrounding setting. Policy DM G1 and DM G7 of the Development Management Local Plan (2013), policy BE1 of the Core Strategy (2011) and policies 7.4, 7.6 and 7.8 of The London Plan (2011) would therefore be satisfied.

3. Highways matters: There would be no adverse impact on traffic generation and

the scheme would not result in congestion of the primary road network; subject to measures to limit car trips to school being secured and implemented within a School Travel Plan. Satisfactory provision would be made for cycle parking. Mitigation will be secured to address the increase in pedestrian trips. Adequate provision for servicing and the storage and collection of refuse and recyclables would be provided. The proposal is thereby in accordance with policy T1 of the Core Strategy 2011, policies DM H5, DM J1, DM J2, DM J4, DM J5 and DM J6 of the of the Development Management Local Plan (2013) and SPD Transport Policy 34 of the Planning Guidance Supplementary Planning Document (2013).

4. Residential Amenity: The impact of the proposed development upon

neighbouring occupiers is considered acceptable. Due to the relationship of the proposed building to residential neighbours and its position, height and bulk, it is considered that the proposal would not materially affect the outlook from, and light to, neighbouring properties. Residents' privacy would not be affected to an unacceptable degree. Measures would also be secured by condition to minimise noise and disturbance to nearby occupiers from the operation of the proposed school. In this regard, the development would respect the principles of good neighbourliness, and thereby satisfy policies DM A9, DM G1 and DM H11 of the Development Management Local Plan (2013).

5. Sustainability: The proposal would seek to minimise its environmental impact,

including measures that would conserve energy, materials and water, reduce air, noise and water pollution, and promote sustainable waste behaviour. Submission of further details of the sustainable design and construction measures, including those relating to carbon reduction will be conditioned to ensure the development is satisfactory. It is considered that the development would not have an adverse impact on a watercourse, flood plain or flood defences, and the implementation of a sustainable urban drainage strategy would be required by condition to ensure there is no adverse impact on localised flooding. Policies DM H1, DM H2 and DM H3 of the Development Management Local Plan (2013), policies CC1, CC2, CC3, and CC4 of the Core Strategy (2011) and policies 5.2, 5.7 and 5.13 of the London Plan (2011) are thereby satisfied.

6. Access and Crime Prevention: Subject to conditions the development would

provide a safe and secure environment, and would be accessible to all users in accordance with policy DM G1 of the Development Management Local Plan (2013), policy TN1 of the Core Strategy (2011) and policies 7.2 and 7.3 of The London Plan (2011).

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Consultation Comments: Comments from: Environment Agency - Planning Liaison English Heritage London Region Transport For London - Land Use Planning Team London Fire And Emergency Planning Authority

Dated: 30.05.14 09.06.14 19.06.14 08.07.14

Neighbour Comments: Letters from: Dated: 32 Pankhurst House Du Cane Road LONDON W12 0UJ 05.06.14 32 Pankhurst House Du Cane Road LONDON W12 0UJ 05.06.14 8 Pavilion Terrace Wood Lane London w12 0ht 17.06.14 22 Woodmans Mews London W12 0HU 23.06.14

1.0 SITE DESCRIPTION AND RELEVANT HISTORY 1.0 BACKGROUND Site 1.1 The application relates to Burlington Danes Academy, which is located on the western side of Wood Lane, and has a site area of 5.8 hectares. The site includes several buildings constructed over different years and a large area of playing field. The school buildings are confined to the eastern portion of the site which abuts Wood Lane, while the playing fields comprise the remainder of the site. 1.2 The main school building is rectangular shaped running east-west, and consists of a Grade II listed 1930's part 3, part 4-storey original school building, with a modern extension to the west. Other school buildings dating from the more recent past include a part 2, part 3-storey teaching building to the south of the main building, a two storey performing arts building to the west of the main school building and a single storey fitness building to the south-west, within the playing fields area. The majority of the school's playing fields are on land that is open space of borough-wide importance. The site is not in a conservation area. There is a TPO covering one Sycamore tree alongside the access road from Du Cane Road. 1.3 The surrounding area is characterised by a mixture of land uses. The site is bound to the east by Wood Lane which predominantly comprises residential development, to the south is the sports pavilion and playing fields belonging to Latymer Upper School; Wood lane High School and a day nursery. To the west is Hammersmith Hospital and to the north is a 4 storey flatted residential development; Linford Christie Stadium; a hockey club; pony centre and Wormwood Scrubs (designated Metropolitan Open Land). Surrounding development is comprised of a mixture of development styles, designs with varying overall massing, scale and building/ridge heights. 1.4 The site is accessed from Wood Lane and Du Cane Road. Bus stops are located within a short distance on Wood Lane providing services to White City underground station, Shepherd's Bush, Acton and Hammersmith. The school's main pedestrian access point is from Wood Lane. The Wood Lane access is also used for site servicing (deliveries and collections etc.). The school's main vehicle access point for staff and visitors is from Du Cane Road. 1.5 Burlington Danes Academy is a secondary academy run by the education charity ARK Schools and in partnership with the Diocese of London. The Burlington Danes Academy vision is that every student matters and every lesson counts. Having been in special measures in 2005, the school became an academy in 2006 and in 2013 was judged as 'outstanding' by Ofsted. The Academy is now one of the most popular and successful schools in the Borough - it is heavily oversubscribed. Relevant History 1.6 There is extensive planning history spanning the life of the school and the most relevant are include the following:

1999 - permission granted (1998/02392/FUL) for the erection of a 2-storey extension for use as teaching accommodation and a sports hall; alterations and refurbishment of the existing building including kitchen and lift addition; the provision of a new sports pavilion to replace the existing; the laying out of a hockey pitch and two hard play areas and the formation of an access road from Du Cane Road. 2001 - permission granted (2001/01137/FUL) for the removal of existing vehicular/pedestrian gates on Wood Lane entrance crossover; installation of new automated vehicular/pedestrian gates and 2 CCTV cameras mounted on a 4m high pole; installation of new gates on Du Cane Road elevation. 2005 - permission granted (2004/01279/FUL) for the installation of 12 x 12m high floodlight columns; erection of 3m high fencing to perimeter with 1.5m high kickboards; replacement of existing hard-court playing surface with synthetic pitches to north of Wood Lane School. 2007 - permission granted (2006/03552/FUL) for the erection of a part 2, part 3-storey building to south of main school building to provide 3150m2 of additional classroom space; the erection of a single storey extension to the existing detached fitness building to provide 138m2 of additional sports space; formation of 19 car parking spaces; relocation of the existing mini-bus parking spaces within site. 2007 - Listed Building Consent granted (2006/03555/LBC) for the demolition of single storey projection to southern elevation of building (30m2); rebuild end wall using matching bricks and install new window. 2007 - permission granted (2007/03385/FUL) for the erection of a two storey building of 1549m2 for use as a performing arts centre, comprising a double height reception theatre, classrooms, music practice rooms and staff offices. 2010 - permission granted (2010/00305/FUL) for the installation of a synthetic sports pitch (98m x 63m); with 6 no. 15 metre high associated floodlight columns and enclosed by 3 metre high fencing; together with the installation of 3 porous macadam tennis courts with associated 3 metre high fencing. 2013 - permission granted (2013/01730/FUL) for the erection of a single storey building as an educational building project adjacent to the school playing field; erection of a single storey garage building adjacent to the southern boundary with Holborn House. 2013 - planning permission (2013/02582/FUL) for the erection of a single storey glazed free standing structure to be used as covered dining space. 1.7 The current application relates to the erection of a part two/part three storey development comprising a new 2 form of entry primary school for 450 pupils aged 4 to 11 years old including provision for a 30 place nursery. The new Primary Academy would be adjacent to the existing Secondary Academy but the Primary Academy would be self-contained and have its own separate facilities and infrastructure. 1.8 The proposal will result in the removal of 3 trees due to the proposed footprint of the development. The proposals include a comprehensive landscape strategy which makes provision for 9 new trees, resulting in a net increase of 6 trees on site.

1.9 The proposals include the provision of cycle storage facilities for up to 64 bicycles. No additional car parking is proposed in this development. 1.10 If the Committee are minded to grant consent the new primary school will be called Burlington Danes Primary Academy and it is anticipated that the school will be open for the academic year starting in September 2015. 2.0 CONSULTATION RESPONSES (INTERNAL AND EXTERNAL) 2.1 The application was advertised by site and press notices and individual notification letters were sent to some 440 neighbouring properties. 2.2 4 letters were received including 1 neutral letter which raised no objections and 1 duplicate letter which raised the following planning concerns: - existing insufficient capacity on public transport buses will be worsened - roads are already blocked and will become worse - insufficient on street parking in the locality - off-street parking should be provided within the site 2.3 Hammersmith & Fulham Historic Buildings Group raise no objections. 2.4 English Heritage raise no objections. 2.5 The Environment Agency raise no objections. 2.6 London Fire Brigade raise no objections subject to Brigade access being maintained at all times, satisfactory fire risk assessment and building regulation requirements being met. 2.7 Transport for London raise no objections. 3.0 PLANNING CONSIDERATIONS 3.1 The main planning considerations to be considered in light of the London Plan (2011), and the Council's adopted Core Strategy (2011), Development Management Local Plan (DMLP) (2013), and the Planning Guidance Supplementary Planning Document (SPD) (2013) include; the acceptability in land use terms; the protection of open space and play space; visual amenity and impact on the setting of the adjacent listed buildings; impact on the amenities of neighbouring residents including any environmental nuisance; highways matters; and other material considerations, including flood risk and contaminated land. LAND USE Availability of land for education purposes: 3.2 In terms of land use the main issue is the suitability of the erection of a part two/part three storey development comprising a new 2 form of entry primary school for 450 pupils on open space within the school grounds.

3.3 NPPF paragraph 72 states that weight should be given to the need to create, expand or alter schools. This is supported by London Plan Policy 3.18 'Education facilities' which states that development proposals which enhance education and skills provision will be supported, including new build, expansion of existing facilities or change of use to educational purposes. 3.4 Core Strategy Policy CF1, 'Supporting Community Facilities and Services' supports the improvement and/or expansion of primary and secondary schools subject to site specific considerations. This is supported by DMLP Policy DM D1 'Enhancement of Community Services'. 3.5 This planning application has been submitted in response to an identified need for additional primary school places in the Borough. Hammersmith & Fulham's primary-age population is growing rapidly due to an increasing birth rate. Between 2001 and 2011 the number of children aged between 0 - 4 increased from 10,195 to 11,900. In College Park and Old Oak ward, where Burlington Danes Academy is sited, there has been a 51% increase in the number of children aged between 0 - 4 in the past ten years (424 children in 2001 rising to 645 children in 2011). 3.6 The area has a significant basic need which will be further increased by a major new mixed development in White City. The local development framework provides for 4,500 new homes east of Wood Lane. The development will increase the number of primary age children by at least two additional forms of entry. According to the Council's own estimates, that development could result in a minimum increase of 600 school-age children, of which approximately 73%, or 440, would be primary age. This is in addition to the number of pupils above. 3.7 Furthermore, Burlington Danes Academy is located in an area of high economic deprivation and a high proportion of students speak English as an additional language. The projected pupil increase would mean that at least two forms of entry, in the form of a new school rather than expanding existing provision, will be needed in the White City area based on place need alone. The proposed development would address this need and serve a highly diverse community. The White City area specifically, is relatively highly deprived. The neighbourhood in which the Burlington Danes Academy is located is in the bottom 10% nationally according to the English indices of deprivation. 3 of the 4 other neighbourhoods in the College Park and Old Oak ward are in the bottom 15% nationally. 3.8 The proposals would accord with Core Strategy Policy CF1 and DMLP Policy DM D1. Loss of open space and play space: 3.9 London Plan Policy 7.18 and Core Strategy Policy OS1 seek to protect local open space. Under the terms of DMLP Policy DM E1 'Access to Parks and Open Space' the loss of public or private open space will not be permitted where such land either individually or cumulatively has local importance for its open character or as a sport, leisure or recreational facility or for its contribution to local biodiversity or visual amenity, unless it realises a qualitative gain for the local community and provides for the relocation of the open space. DMLP Policy DM E2 'Playspace for Children and Young

People' resists proposals which result in the loss of existing children and young people's playspace or result in an increased deficiency in the availability of such playspace. 3.10 Part of the proposed footprint of the school building (264m2) and the associated outdoor primary school play area (1250m2) forms part of a much wider area of Designated Open Space Number 37 (38,878 m2) which is identified on the Local Development Framework Proposals Map. The remainder of the site is not designated on the Local Development Framework (LDF) Proposals map but is adjacent to the open space designation 37. The proposal will impact on a total of 1,514m2 of designated open space which represents 3.9% of the overall designation. 3.11 Notwithstanding the need to protect open space Policy DM E1 acknowledges that situations may arise when the benefits of protecting existing open spaces need to be considered against the benefits of allowing some limited development on them. Given the modest amount of open space being lost, its poor quality and the wider community benefits the loss of open space is considered acceptable in this case. DESIGN AND EXTERNAL APPEARANCE 3.12 In respect of design, among the core planning principles of the NPPF are that development should always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. Furthermore proposals should conserve heritage assets in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of this and future generations. London Plan Policy 7.1 'Building London's Neighbourhoods and Communities' requires that all new development is of high quality that responds to the surrounding context and improves access to social and community infrastructure, contributes to the provision of high quality living environments and enhances the character, legibility, permeability and accessibility of the surrounding neighbourhood. London Plan Policy 7.4 'Local Character' requires development to 'have regard to the form, function, and structure of an area, place or street and the scale, mass and orientation of surrounding buildings.' London Plan Policy 7.6 'Architecture' relates to architecture and the design of developments. The policy says that 'development should be of a high quality of design, of a scale that is appropriate to its setting, and built using high quality materials. It should complement the surrounding built form and should not cause unacceptable harm to the amenity of surrounding buildings'. 3.13 Core Strategy Policy BE1 `Built Environment' requires all development within the borough, including in the regeneration areas should create a high quality urban environment that respects and enhances its townscape context and heritage assets. There should be an approach to accessible and inclusive urban design that considers how good design, quality public realm, landscaping and land use can be integrated to help regenerate places. DMLP Policy DM G1 'Design of New Build' builds on the abovementioned policies and other design and conservation policies, seeking new build development to be of a high standard of design and compatible with the scale and character of existing development and its setting. DMLP Policy DM G7 'Heritage and Conservation' seeks to protect, restore or enhance the quality, character, appearance and setting of the borough's conservation areas and its historic environment including listed buildings.

3.14 The proposed building would include two full storeys with a part-three storey element. The proposed building footprint is 1281m2 and the total gross internal floor area is 2272m2. The ground floor (1225 m2) would include 7 classrooms, small and large common halls, SEN rooms, nursery group room, general office and storage rooms and separate infant girls and boys washrooms. The second floor (970 m2) would include a further 8 classrooms, music room, library, further separate girls and boys washrooms, staff room, cookery/science room and void area above first floor halls. The third floor (77 m2) would only be used as plant room and part of the roof would include an outdoor learning space (c.60m2) to accommodate up to 30 children at any one time to teach subjects such as arts, sciences, nature and the environment. The remainder of the flat roof is suitable falls for surface water runoff and an arrangement of south facing Photo Voltaic Panels mounted on A-Frame structures. 3.15 The proposed two storey element would measure 7.1m high and the highest point of the third storey plant room would be 10.25m above the ground level. The proposed building would be smaller in height than the existing Dennis Potter school building which measures 12m high and lies immediately to the east. The proposed building is positioned to reflect and follow the orientation and building line of the neighbouring Dennis Potter building. The proposed scale of the new building would therefore be subservient to the massing of the existing buildings. 3.16 The proposed building will be constructed using a lightweight steel structure. Pre-cast concrete plank floors and concrete block work internal walls and partitions will provide thermal mass which will greatly assist the passive thermal and sustainable performance of the building. 3.17 The eastern elevation includes the entrance area which is on the south-eastern corner of the building and includes a two storey, fully glazed, curved structure, the form of which relates to the adjacent Dennis Potter Building entrance. This form provides a feature window into the building and is intersected with white rendered blades and a blue framed canopy box. The interaction of materials and shapes creates a gateway into the Academy and provides a clearly defined visually and physically integrated entrance. 3.18 The remainder of the eastern elevation includes a two-storey yellow stock brick façade with a framed white render structure that is pulled slightly forward of the façade. The brickwork facades match the yellow stock brick finish used on the other more recent buildings across the site and are punctuated with ribbons of windows. The double glazed windows openings have grey powder coated metal framed single casements - their proportions, style and finishes reflect those used elsewhere on site. Some of the window panes are to be back painted blue, yellow or grey. Grey will be used where the room function requires privacy such as at low level or to WC areas. The proposed colours of mustard yellow and navy blue add interest to the appearance of the building and represent the well-established school colours of the Burlington Danes Academy and therefore help to forge an identity with the existing school and are a contemporary version of the glazed tiles used on the listed original school building. This simple design element provides an important cross-reference to the existing Academy buildings and organisation. 3.19 The window reveals have depths of 100mm to match the language of the existing buildings on site range which range from flush to 100mm. The proposed alignment would be compatible with the insulated cavity of the wall construction thus minimising

cold-bridging and maximising the operable area of the windows to assist the natural ventilation strategy of the building. 3.20 The brick facades used on the eastern elevation wrap around on to the northern elevation. The simple elevation, with windows to the first floor, is then broken by the three-storey, metal clad plant structure. This structure includes an over sailing canopy for solar shading and is punched with windows to the classrooms and louver panels providing air flow to the roof top plant room on alternate elevations. The grey powder coated metal cladding material used here has been selected to reference the 'working' nature of this side of the building and it also carefully cross-references the metal cladding materials used on the recently constructed buildings elsewhere on site. 3.21 The three storey metal cladding continues to wrap into the western rear elevation and abuts a staggered expanse of rendered facades which make up the remainder of the western elevation. The western façade is staggered as a result of the floor plan respecting the site limitations (designated Open Space) and subsequently the north facing spaces between the shear white rendered façade panels are infilled with a mix of glazing and dummy louver panels. Each of the white rendered panels are pierced with ribbon window openings. The window style and arrangement is the same as used on all other elevations complete with the use of yellow and blue glazing. This continues the introduction of colour around the building and provides a playful interaction between the building and the adjacent play space. The height of the window sills is such that the children's safety and privacy is respected whilst ensuring that rooms receive suitable levels of natural light. Relief to the white rendered elevations is provided by projecting vertical brise soleil, which have a practical purpose in screening classroom windows from excessive thermal gain from sunlight across the playing fields. 3.22 The south elevation of the building is mainly yellow brickwork with a punctuated with window ribbons that soften the appearance of the elevation and improves the connection between the different styles used in the east and west elevations. The merger of different materials used on the other elevations helps to tie all of the elements together and bring the building together as a holistic form - including the use of a render frame. The first floor element is stepped back, however the roof continues and the overhang together with additional horizontal louver blades (another continued theme) provide solar shading to the classrooms. The ground level to the south is covered by a metal-framed canopy structure. The structure is powder coated white to blend with the adjacent rendered facades. The canopy is designed to provide shading and covered play for the immediately adjacent Early Years teaching groups. The canopy is arranged at an angle, widening as it moves deeper into the play area - this provides extra covered play towards the nursery provision and the angular design relates to the angles used on the blue entrance 'blades'. 3.23 Overall, the general appearance of the proposal has been designed to integrate sympathetically with the existing architectural character of the buildings on the site whilst having a fresh contemporary appearance to allow the new primary school to have a building reflecting its own identity. The new primary school building has been deliberately sited to the west of the existing built up part of the school campus so as to minimise the impact on the setting of the listed building on the far eastern part of the site. This proposed development would help to confine the education buildings on one part of the site, continue the site's existing development hierarchy and timeline of development towards the west and restricts the loss of protected open space/playing field areas.

3.24 The area to the north and outside of the application site is designated as open space (LDF designation OS1 - Wormwood Scrubs) and is Metropolitan Open Land and Common Land. Against the backdrop of the existing buildings on the site it is not considered that the proposed new building would have any significant detrimental impact on views into and out of Wormwood Scrubs Open Space in accordance with London Plan Policy 7.17 which seeks to protect Metropolitan Open Land. MoL). 3.25 The siting of the proposed building has been developed with the objective of minimising the visual impact upon the neighbouring built environment and to minimise the loss of open space and playspace. The location affords a discreet and unobstructive position utilising the natural screening provided by the existing buildings, whilst also maintaining a sufficient amount of playground to meet the needs of the new school. Officers do not consider the proposed building would be unduly harmful to the streetscene including the open space. The proposal therefore complies with the abovementioned policies. 3.26 The eastern part of the site, includes the original Burlington Danes School building which is a Grade II Listed Building along the frontage to Wood Lane. The NPPF and Core Strategy Policy BE1 'Built Environment' requires local planning authorities to consider the impact of development upon heritage assets. This is supported by DMLP Policy DM G7 'Heritage and Conservation' and SPD Design Policy 61 which aim to protect, restore or enhance the quality, character, appearance and setting of the borough's historic environment, including listed buildings. In this case the proposed new building would be located more than 200 metres from the listed building, and would be largely screened from that building by the existing school buildings within the site. It is not considered the proposal would harm the setting, or architectural integrity of the original Burlington Danes School building. The proposal therefore complies with the abovementioned policies. Trees and green space: 3.27 London Plan Policy 7.21 'Trees and Woodland' is concerned with protecting trees, and requires that if a tree is to be removed, it should be replaced following the principle of 'right tree, right place'. The DMLP Policy DM E4 'Greening the Borough' seeks to protect existing trees and maximise planting; SPD Sustainability Policy 22 encourages the planting of additional and trees and DMLP Policy DM E2 encourages high quality playspace for all age groups, including those who are disabled. 3.28 Officers have considered the arboricultural report submitted by the applicants. The report includes a survey assessment of 8 trees and 1 hedgerow that would be affected by the proposed school building, play area and cycle store at Burlington Danes academy. The tree population is predominately mature, broad leaved species, which vary in grading, quality and value. Those trees classed as moderate to high quality will be retained with the exception of 1 protected `B' grade Willow tree. A further low grade ` C' grade tree is proposed for removal to construct the cycle store, and hand dig methodologies will be adopted where the cycle store and school building encroach into the roots of two `C' grade trees. 3.29 The willow tree is to be removed immediately by Burlington Danes Academy for health and safety reasons (approved by the LPA in writing). Willow trees are renowned for dropping limbs and shedding leaves and the existing tree has been identified with

having damage at high level. This represents a major health and safety risk to the young children using the proposed play area and therefore the tree removal is imperative. The other trees are already damaged due to turning vehicles using the site access road. 3.30 Under Policy DM E4 the loss of trees will not normally be acceptable however the policy acknowledges that new development schemes provide the opportunity for landscaping including tree planting on site. In this case, although the proposal will result in the removal of 3 trees (including a Weeping Willow), the proposal also makes provision for 6 new trees which will denote the edge of the primary school outdoor soft play area. These new trees will help anchor the development into the surrounding landscape character. The trees will be integrated with the rest of the planting scheme and the tree species have been carefully selected to provide educational value in addition to their visual and environmental properties. In addition a tree protection plan has been produced which confirms that where necessary trees would be protected in accordance with the provisions of BS5837:2012 (Recommendations for Tree Work) and this would be secured by condition. 3.31 Overall, given the wider benefits of the development the proposed impact on trees within the site is considered acceptable in accordance with Policy DM E4 of the DMLP. 3.32 The outdoor space is split into two parts with a low-level fence and access gate separating the covered Early Years Area from the remainder of the play area. The outdoor teaching zones are located directly outside classrooms, with play space beyond and exploration areas within the denser planting along the western and southern boundaries. A majority of the play area is hard surfaced as requested by ARK Schools in order to maximize the space for play activity. The hard surface is to be porous and will carry a range of play markings and Games court markings. 3.33 The Play Area is freely accessible from the new school building including direct access out from the classrooms into the teaching zones which are demarcated in coloured tarmac. In addition to the access via the building, there is also access into the play area via three external pedestrian access gates; one out to the paved space in front of the main building entrance to the south, one leading to the northern footpath and another leading direct to the playing fields to the west. Subtle use of the Academy colours (blue and yellow) adds a playful character to the educational nature of the play area and it also provides a visual connection back to the sporadic use of colour on the building facades. 3.34 The landscape elements are designed to encourage children to interact with and explore the landscape around them in a safe and stimulating context. Plants are selected for their colour, structure, fragrance, taste and tactile qualities. These landscape proposals accord with Policy DM E2 (playspace for children and young people). Access: 3.35 London Plan Policy 7.2 'An Inclusive Environment', DMLP Policy DM G1 'Design of New Build' and SPD Design Policies 1, 2 and 3 all relate to access to buildings, requiring that buildings should be accessible and inclusive both internally and externally.

The applicants have submitted an accessibility statement which details external access to and internal access within the proposed buildings. 3.36 Access to the new building has been designed to be wheelchair accessible and includes the following: dropped kerbs, and visual demarcation at changes in levels where applicable; gentle gradients at ground level; all sloped areas will receive a non-slip textured finish; all entrances and exits will offer a level access in and out of the building; all new access circulation routes will offer a minimum clear width of 1800mm to allow for unimpeded access to and from the building; access routes will allow sufficient space for wheelchair user manoeuvring from the point of drop off to the main entrance doors; the main entrance double doors have a visually dominant framed design which emphasises their location; the glazed entrance doors will have power assisted door closers. 3.37 Within the building the internal entrance doors are powered open by automatic detectors offering unimpeded access to the reception area; security access / communication systems will be clearly visible and located at convenient heights for wheelchair and non-wheelchair visitors and users. All new floor finishes including carpet tiles and PVCU sheets within the new building will be provided with level thresholds at junctions. All other internal doors will be provided with vision panels and door closers to minimise opening forces. All door ironmongery will be provided at suitable heights for adult and child users. All internal corridors will be a minimum of 1800mm. 3.38 Access to the upper floors will be achieved by the two staircases and a platform wheelchair lift associated with one staircase. Both staircases are designed as ambulant disabled staircases with goings of 250mm and risers not exceeding 170mm in height. The wheelchair passenger lift will only be used by wheelchair users and one accompanying adult. All landings have been sufficiently spaced to allow for wheelchair manoeuvring on landings. The new lift will also be provided with audible and visual alerts indicating the position of the lift to users. 3.39 The building will include accessible toilets for children, visitors and staff. Disabled children will be accompanied and assisted by school staff, when using the accessible WC facility. Internal finishes and colour schemes will be provided demarcate different zones within the building, in order to aid school staff and children to find their around the building as well as act as a security measure and guide for visitors. 3.40 Officers are satisfied that the access arrangements of the proposal are in accordance with London Plan Policy 7.2 'An Inclusive Environment', DMLP Policy DM G1 'Design of New Build' and SPD Design Policies 1, 2 and 3 IMPACT ON RESIDENTIAL AMENITY 3.41 DMLP DM G1 (Design of New Build) require all proposals to be formulated to respect the principles of good neighbourliness. DMLP Policy DM A9 (Detailed Residential Standards) and SPD Housing Policy 8 seek to protect the existing amenities of neighbouring residential properties in terms of outlook, light, and privacy. 3.42 The proposed buildings would be set on the edge of open space, adjacent to existing school buildings within a wider 5.8 hectare school site. The proposed building would be isolated in terms of its proximity to residential neighbours, with the closest

residential properties to the north in Woodman's Mews (approximately 170m away), to the east along Wood Lane (approximately 255m away) and to the south on Du Cane Road (approximately 140m away) . The school's playing fields and the existing school buildings create a buffer between the proposed buildings and residential properties. As such, the development would not have an adverse impact on outlook, privacy, daylight and sunlight for residents and would accord with DMLP DM G1 and DM A9 and SPD Housing Policy 8. 3.43 Core Strategy Policy CC4 'Protecting and Enhancing Environmental Quality' and DMLP Policies DM H9 'Noise' and H11 'Control of Potentially Polluting Uses' relate to environmental nuisance and require all development to ensure that there is no undue detriment to the general amenities enjoyed by existing surrounding occupiers, particularly those of residential properties. SPD Amenity Policy 25 states that outdoor uses will need to be assessed in regard to the frequency and times of use, and the noise level likely to be emitted from activities. 3.44 The applicants have submitted a noise survey which considers the impact of the proposals on the surrounding area. The survey is based on established guidance on noise measurement and related acoustic design including: Building Bulletin 93, Acoustic Design Of Schools (BB93); British Standard 8233:2014 "Sound insulation and noise reduction for buildings - code of practice" (BS 8233) and Building Bulletin 101, Ventilation of School Buildings (BB101). 3.45 Officers have considered the survey report and acknowledged that there would be increased activity on the site as a result of the increase in numbers of pupils. However the proposal represents the provision of a new school on an existing school site which has operated from the site for a considerable period. The proposed building would remain in educational use for children and would be used during school hours (8:30 hours to 16:00 hours Monday to Saturday). The survey results show that environmental noise conditions at the site were moderate, predominantly affected by plant noise from the nearby Imperial College buildings, distant road traffic noise from Wood Lane and activity noise from the school itself. Other noise sources included occasional aircraft. Officers are satisfied that the use of the proposed buildings which are some distance from the nearest residential development would not result in undue environmental nuisance to neighbouring properties in terms of additional noise and disturbance, in accordance with the above policies. TRAFFIC AND HIGHWAYS 3.46 The NPPF requires developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised, and development should protect and exploit opportunities for the use of sustainable transport modes for the movement of goods or people. 3.47 Policies 6.1, 6.3, 6.9, 6.10, 6.11 and 6.13 of The London Plan set out the intention to encourage consideration of transport implications as a fundamental element of sustainable transport, supporting development patterns that reduce the need to travel or that locate development with high trip generation in proximity of public transport services. The policies also provide guidance for the establishment of maximum car parking standards and cycle standards.

3.48 Core Strategy Policy T1 'Transport' supports The London Plan and seeks to improve transportation within the borough, by working with strategic partners and relating the size of development proposals to public transport accessibility and highway capacity. DMLP Policy DM J1 'Transport Assessment and Travel Plans' and SPD Transport Policy 2 states that all development proposals will be assessed for their contribution to traffic generation, and DMLP Policy DM J2 of the Development Management Local Plan set out vehicle parking standards, which brings them in line with London Plan standards and circumstances when they need not be met. DMLP Policy DM J5 'Increasing the Opportunities for Cycling and Walking' and Table 5 and SPD Transport Policy 12 seek to ensure that satisfactory cycle space is provided for all developments. Existing Transport Conditions 3.49 The site has a public transport accessibility level (PTAL) of 3 using Transport for London's (TfL's) methodology, indicating that it has moderate public transport accessibility. The applicants have submitted a Transport Statement, Transport Technical Note and School Travel Plan. These documents support the application and these provide an assessment of the highways impact. 3.50 The existing school on the site is a secondary school with a sixth form. There are 1044 students and 159 members of staff. 3.51 The secondary school's main pedestrian and cycle access point is from Wood Lane. The Wood Lane access point is also used for site servicing (deliveries and collections etc.). The main vehicle access point for staff and visitor parking is from Du Cane Road. The access is shared between Burlington Danes Academy and Wood lane High School. Both school accesses have independent secured gate arrangements. The Burlington Danes Academy pedestrians and cyclists do not use the Du Cane Road access. The Du Cane Road Burlington Danes Academy vehicle gate is automatically controlled. Staff open the gates using a card; visitors use an intercom system and the gates are opened remotely by school reception staff. At the end of the school day the vehicle gates are left open for the 6pm to 10pm sports pitches and hall evening lets. 3.52 To assess the level of vehicle trips generated by Burlington Danes Academy and Wood lane High School at the Du Cane Road access a manual traffic count survey was undertaken. The results show that peak arrivals occurred between 8am and 8.30am, when there were 33 two-way trips, and peak departures occurred between 3.30pm and 4pm, when there were 23 two-way trips. 3.53 The Burlington Danes Academy is located in a Controlled Parking Zone (CPZ) with restrictions that operate Monday to Friday between 9am to 5pm. . The Burlington Danes Academy school day starts before the CPZ restrictions come into operation but the day finishes whilst restrictions are in operation. On-street parking surveys were carried out every 30 minutes between 7.30am-9.30am and 2.30pm-4.30pm during term time on streets surrounding Burlington Danes Academy's pedestrian access. The results show that during the morning 7.30am peak parking stress conditions ranged between 40% and 67% parking capacity and that there were no significant fluctuations in parking uptake caused by school drop-offs. During the afternoon 4.30pm peak, parking surveys recorded similar parking patterns ranging between 39% and 61%. The results show a relatively low parking stress and a significant reserve capacity even during peak periods of parking uptake with approximately 100 to 120 unoccupied spaces in the area.

Proposed Development 3.54 The proposed two form entry primary school will have approximately 450 students (existing secondary school has 1040 pupils), which will be made up of 30 nursery places and 60 pupils per year for reception and school years 1 to 6. There are proposed to be 60 members of staff (the existing secondary school has 160 staff). It is stated in the application that the proposed primary school will have the same hours, 8.30am to 4pm, as the secondary school with before and after school clubs either side. 3.55 The proposal will not change access and servicing arrangements for the existing secondary school. However the proposed primary school will have different access arrangements. It is proposed that the Du Cane Road access will be used by all staff / visitors travelling by private car and by primary school students travelling by all modes of transport. 3.56 The existing site access road is wide enough for two way vehicle movements at approximately 5.5m wide. Vehicles on the access road are calmed by existing speed humps. In addition there is a tree, protected by a Tree Protection Order, which creates a natural traffic calming feature by introducing a short section of one-way vehicle shuttle operation. The tree is set back some 50 metres from the highway, approximately 10 car lengths, so does not impact or prejudice free flow on Du Cane Road. This width restriction provides a traffic calming measure and, with the addition of new give way road markings, will ensure the vehicles leaving the site will give way to entering vehicles. 3.57 To accommodate any student drop-offs and pick-ups off of the public highway the proposal includes a new mini-roundabout. The new mini-roundabout has been designed to accommodate large private cars, and a vehicular swept path analysis has been submitted by the applicant. The Du Cane Road access will also be used by service vehicles for the new buildings refuse/recycling and kitchen. The short service access next to the new building will be restricted by rising bollards. The proposed servicing arrangements have also been subject to swept path analysis. Car Parking 3.58 The existing secondary school has 33 vehicle parking spaces, which includes two disabled parking bays. The proposal will retain the existing vehicle parking provisions and no additional vehicle parking will be provided. This is considered acceptable and in line with advice provided to the applicant by the Council at pre-application planning stage. 3.59 The existing secondary school has 70 cycle parking spaces. The proposal will include 64 additional secure and sheltered long stay cycle parking spaces for the new primary school staff and students, and four short stay cycle parking spaces for visitors. This complies with the London Plan (Draft Further Alterations to the London Plan). Parking for 40 children's scooters is also being provided, which is welcomed. 3.60 The average mode splits of ARK Bentworth Primary Academy and ARK Swift Primary Academy (formerly Canberra Primary School) have been calculated and used for the trip projection for the proposal. This approach has been agreed with the Council and Transport for London (TfL) officers and is considered robust.

3.61 Up to 30% of students at the School will take part in before / after school clubs. Based on this it is anticipated trips at the start / end of the school day will be somewhat spread rather than solely being concentrated at the same time. In addition it is understood that staggered school day start and end times are being considered. Highway Impact 3.62 The trip projections show 50 car trips for students. It is considered that this would not have an unacceptable impact on the highway in the vicinity of the site. However, the School will nevertheless be requiring parents to sign up to a 'Car Free Agreement' to further reduce this predicted number of car trips. No additional staff parking is proposed so it is not anticipated that the application will generate any additional staff car travel to work trips. Bus Impact 3.63 Due to the age of the children, some of the pupils that use buses to get to school are likely to be accompanied by a parent. Therefore, if it is assumed that 50% of children are accompanied by a parent the proposal would add a total of 67 trips onto the bus network (38 pupils, 19 parents, 10 staff) at the beginning and end of the school day. TfL have stated that there is sufficient capacity on the local bus network to accommodate this uplift in demand. TfL also confirmed that a number of high frequency bus services are operated on Du Cane Road and Wood Lane and that mitigation for impacts on buses from the proposed primary school will not be required. Walk Impact 3.64 The trip projections show 308 walking trips for students and 23 for staff at the beginning and end of the school day. Due to this significant increase in walking trips to the site via the Du Cane Road access it is considered that pedestrian facilities need to be upgraded in the vicinity to accommodate them. This could include upgrading the existing informal pedestrian crossing, with a refuge island to the east of the access on Du Cane Road, to a formal crossing. Funding of £20k will be required from the applicant, on commencement of development, to allow the Council to investigate the most appropriate solution and as a contribution to its implementation. This will be secured through a section 106 legal agreement. Travel Plans 3.65 The Burlington Danes Academy School Travel Plan for the secondary school was prepared and approved in 2008. This Travel Plan will be required to be updated as a part of the legal agreement, to be submitted and approved within three months of commencement of development.. 3.66 A separate School Travel Plan for the proposed primary school will be required to be submitted and approved before occupation of the development. This will be secured through a legal agreement. It is expected that it will include the requirement that parents sign up to a 'Car Free Agreement' and that robust measures are included to ensure sustainable travel targets are met.

Construction Impact 3.67 The applicant will be required to submit a Construction Logistics Plan (CLP) prior to the commencement of development. This would be secured by condition and ensure that the CLP accords with TfL requirements. The CLP will seek to minimise the impact of demolition and construction traffic on nearby roads and restrict trips to off peak hours only. Servicing and Delivery 3.68 Refuse collections and site servicing trips take place from the Du Cane Road access. The short service access next to the new building will be restricted by rising bollards. The proposed servicing arrangements have also been subject to swept path analysis. 3.69 Overall in terms of highways and transport implications, subject to the following: a 'Car Free Agreement' for parents; £20k financial contribution to investigate and if needed implement improved pedestrian facilities; an updated secondary school travel plan; a school travel plan for the new school and the submission of a satisfactory Construction Logistics Plan the proposal is judged to comply with DMLP Policies DM J1, J6, H5, H8, H9, H10 and H11, SPD Amenity Policy 19 and 26, SPD Transport Policy 28, and London Plan Policy 6.3. ENVIRONMENTAL CONSIDERATIONS Flood Risk: 3.70 The NPPF states that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere. 3.71 London Plan Policy 5.11, 5.12, 5.13, 5.14 and 5.15 requires new development to comply with the flood risk assessment and management requirements of national policy, including the incorporation of sustainable urban drainage systems, and specifies a drainage hierarchy for new development. 3.72 Borough Wide Strategic Policy CC2 'Water and Flooding' and DMLP Policy DM H3 'Reducing Water and the Risk of Flooding' requires development proposals to reduce the use of water and minimise existing and future flood risk and the adverse effects of flooding on people by implementing a range of measures such as Sustainable Drainage Systems (SUDS) (where feasible) and also the use of water efficient appliances. These policies are supported by SPD Sustainability Policy 1, which requires the submission of information relating to flood risk. 3.73 This site is in the Environment Agency's Flood Zone 1. This indicates a low risk to flooding from the Thames. The site is not considered to be more susceptible to surface water flooding. The applicants have submitted a Flood Risk Assessment which reviews all aspects of flood risk to the site and proposes a strategy for the discharge of surface water runoff in a manner which will not increase the risk of flooding either on or off site. 3.74 The Environment Agency advise that the main flood risk issue at this site is the management of surface water run-off and ensuring that drainage from the development

does not increase flood risk either on-site or elsewhere. It is proposed that surface water runoff from the site will be discharged into the sewer system to mimic the existing drainage situation. The Environment agency have raised objections to the proposals. . However officers recommend that further exploration in the FRA include green roofs, permeable surfaces, attenuation tank.This would be secured by condition. 3.75 Therefore a condition would is attached to secure a detailed Sustainable Drainage Strategy that shows how surface water will be managed on site in line with the requirements of London Plan policy 5.13 and Local Plan policy DM H3 and associated guidance which require peak surface water runoff to be attenuated by as much as possible, or by a minimum of 50% compared to the current situation on site. Water efficient fittings/appliances should also be specified for the new building when it is fitted out to help minimise water use and reduce foul water flows. Details of how the planned SuDS measures will be maintained would also be required and secured by condition. 3.76 The proposals accord with relevant flood risk and surface water drainage policies 5.12 and 5.13 of the London Plan 2011, the Core Strategy policy CC2 and DM Local Plan policy DM H3. A condition would be attached to ensure that the development is implemented in line with the FRA. Contamination 3.77 Policy 5.21 of the London Plan, Core Strategy Policy CC4 'Protecting and Enhancing Environmental Quality' and DMLP Policies DM H7 'Contaminated Land' and H11 'Control of Potentially Polluting Uses' states that the Council will support the remediation of contaminated land and that it will take measures to minimise the potential harm of contaminated sites and ensure that mitigation measures are put in place. 3.78 The applicant has submitted a preliminary risk assessment, which comprises a desktop study that identifies that potentially contaminative land uses, past or present, are understood to occur at, or near to, this site. In consultation with the Councils Environmental Quality Officer a site investigation scheme has also been produced based upon, and which targets, the risks identified in the approved preliminary risk assessment. In order to ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works conditions will be attached covering the assessment and if necessary remediation of contaminated land. Energy / Sustainability 3.79 An Outline Energy Assessment has been submitted. A range of energy efficiency and low/zero carbon technologies are planned which will reduce CO2 emissions. The report indicates that the design can meet the London Plan CO2 reduction target of 40%, although further modelling work is required to verify this. A condition would be attached to ensure the submission of a detailed Energy Assessment to show how this target will be met on site. 3.80 A condition would be attached to ensure the submission of a Sustainability Statement (or equivalent such as BREEAM Assessment) including details of sustainable design and construction methods in accordance with London Plan policy 5.3

and associated; Core Strategy policy CC1; DM Local Plan policy DM H2. Further guidance is also included in the council's Planning Guidance SPD. Ecology 3.81 The applicants have submitted an Ecology Appraisal Report which considers the ecological impact of the proposals on the immediate and adjacent habitat, detail any potential avoidance or mitigation measures where necessary; and identify opportunities to enhance and add to the biodiversity resource within the site. 3.82 The majority of the site is intensively mown amenity grassland used as playing fields and a number of mature trees are located on site. Wormwood Scrubs Local Nature Reserve (LNR) is located approximately 145m north of the site (Grade 1 borough-wide importance). There are 32 non-statutory nature conservation sites, Sites of Importance for Nature Conservation within 2km of the site. The majority of these are either railway embankments providing semi natural wildlife corridors or cemeteries that support species of wild flowers and mature broadleaved trees. In addition, a small number of community gardens that support predominately shrubberies and scattered trees are located within 2km of the site 3.83 Officers have considered the ecological report which sets out the status of protected species relevant to the proposal and concur with the conclusion that with the exception of birds likely to nest within the vegetated boundaries, there is no evidence of protected species being adversely affected by the development . Officers consider that the construction of the two storey classroom extension and implementation of the primary and early years play area will not have a detrimental effect to the adjacent Wormwood Scrubs LNR or the species it supports. A condition would be attached to the permission to ensure that the recommendations set out in the report are implemented. 3.84 The proposals are considered satisfactory in respect of their ecological impact and would accord with policy 7.19 of The London Plan 2011, policy DM E3 and DM F2 of the Development Management Local Plan 2013 and SPD Sustainability policy 19 of the Planning Guidance Supplementary Planning Document 2013. PLANNING OBLIGATIONS Mayoral CIL (Community Infrastructure Levy). 3.85 Mayoral CIL came into effect in April 2012 and is a material consideration to which regard must be had when determining this planning application. The proposal, by reason of its educational use is exempt from the Mayoral CIL. Section 106 Legal Agreement 3.86 The council is obliged to assess planning proposals against the policies and standards contained within the Development Plans for the area and to consider any other material planning considerations. In some instances, it may be possible to make acceptable development proposals which might otherwise be unacceptable, through the use of planning conditions or, where this is not possible, through planning obligations.

3.87 The applicant has agreed to enter into a legal agreement with the council with respect to the following heads of terms: (i) Funding of £20k to investigate and if required contribute to implementing improved pedestrian facilities; (ii) An updated school travel plan for the existing Burlington Danes Secondary School and (iii) A school travel plan for the new Burlington Danes Primary Academy; 4.0 CONCLUSIONS and RECOMMENDATION 4.1 Officers consider that the proposed development would be appropriate in terms of land use, design and scale, would preserve the setting of the listed building and that it would not cause demonstrable harm to the amenities of neighbouring residents. 4.2 Subject to the submission of further details which can be secured by condition or legal agreement, the proposals are generally supported. The proposals would meet a corporate objective for providing and improving additional primary school places in the north of the borough. Officers consider that these wider public benefits outweigh the concerns about the loss of a small area of open space. 4.3 It is recommended that the application is approved subject to the completion of a legal agreement under Section 106 of the 1990 Act.

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